PC 78-233RESOLUT~O~~ N0. PC 78-233
A RESOLUTIOtI OF THE ANAHEIM CITY PLANIaING COrfMI551aN
THAT PETITIOti FOR VARIANCE N0. 3053 BE GAAtITED, IN PART
WHEREAS, the Anal~eim Ltty Pianning Lommtssion did recelve a vcrified
Petitlon for Variance from TAORHINA INDU5TRIE5, INC. AND COSHO V, AND ARLENE
TAORMINA, 16927 Bolsa Chica Street, Hunt(ngton Beach, California 92549, owners. and
FRANK WOOLSEY, 16927 Bolsa Chica Street, Huntington aeach, California 92649, agent.
of certain rea) property situated in thc City of Anaheim~ Caunty of Orange, State of
Caltfornia described as:
PARCEL 1: The Eascerly one-acre of the Uesterly four-a::res of the
following described land: Beg(nning at the Northeasterly corner
of Lot 28 of Anaheim Extensfon, as shown on a map made by Wtlliam
Hamel, filed for record in the office of ihe County Recorder of
Los Angeles County. California; [hence Nestcrly along the
Northeriy line of said lot, 736.90 feet [o a point 37a.75 feet
Easterly of the Northwesterly corner of said Lot 28; thence
Soucherly, parallel to the Nesterly line of said lo[. 442 feet;
thence Easterly parallel to ihe Northeriy Ilne of said lot. 786.90
feet to a point on the Easterly line of satd lot; thence tlortherly
along said Easterly line ~42 feet to the point of beginning.
EXLEPTItIG from satd Easterly one-acre of the 1Jesterly four-acres~
that portion occupied by Yermont Avenue, forneriy Broad Street.
PARCEL 2: The uesterly onc-half of the Easterly one acre of the
Westerly five acres of the following described land: Begi~~ing at
the Nor[heasterly corner of Lot 28 of "Anaheim Extension", as
shown on a map made by WillTam Hamel, filed far record in the
office of the County Recorder of Los Angeles Cou~ty, CalifornTa;
thence 1Jesterly along the Northerly line of said lot, 786.90 feet
to a poins 37g.75 fect Easterly of the Northwesterly corner of
said Lot 28; thence Southerty, paratiei to the itesterty ilne of
said Lot, 41i2 feet; the~ce Easterly parallel to the Northerly lTne
of said lot. 785.90 feet to a point on the Easterly 1Tne of said
lot; thence Northerly along said Easterly line 442 feet to the
point of be9inning, containing 8.09 acres more or tess. EXCEPTING
from said Easterly one acre of the 1Jesterty five acres that
portion occupied 6y Vermont Avenue, formerly Rroad Street. ALSO
EXCEPTINC THEREFRO!1 that portlon included wfthin Parcel 1 as shown
on a map recorded in book 50~ page 9 of Parcel Haps. records of
Orange County. CallfornTa.
WHEREAS, the City Planni~g Carmission did hold a public heartng at [he City
Hall in the City of Anahelm on Oc[ober 9. 1976. at 1:30 p,m,~ notlce ef sald public
hearing having been duiy gtven as required by law and in accordance with the
provislons of the Anahelm Municlpa) Code~ Chapter 18,03, to hear and consTder
avidence for and against safd proposed varlance and to tnvestigate and make ftndTngs
and recommendations in connectlon therewlth; and
PC78-233
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41FIEREAS, satd Cortmission, after duc inspectton, inves[igatlon and study made
by itself and tn tts behalf, and after due consid~ration of all cvidence and reports
offered at said F:eartng, does find and detcrmine [he following facts:
1. That ihe petitioner proposes a waiver of the followtng to construct a
24-uni[ apar[ment complex:
(a) SECTION 1f3,34.0E2,012 - Maxlmum s[ruc[ural heiqht.
~ s[or~r pcrmftt~d Nithin 15Q feet
af RS-A-43,p00 zoning: 2 stories
proposed)
(b) SELTIOH 1fi.34.06E.012 - Haximum number of parkin spaces.
2. That Che above-mentioned riaiver (a) is hcreby granted on the basis thaL
the petltioner demonstrated thai a hardshfp extsts in that denial w~ould deprive
subject property of privileges befng enjoyed by other properties in the surrounding
area since there are existing nearby two story s[ruc[ures to the north~ south and
east; and that the nearby RS-A-43,0~0 zoned properCy (s designated for commercial-
recreation u,es by the Anaheim Generai Plan and under thc appropriate zoning the
~raiver would no longcr be neccssary.
3. That the above-mentloned watver (b} ~s hcre6y denied on the basis that
subsequent to the advertisenenc of thc aforementloned waivers, the petitioner
submitted revfsed plans deletfng said waiver.
4. That there are except(onal or extraordinary circumstances or condttions
aPplicable to thc proper~y tnvolved or to thc incended use, as granted, of [he
property that do not appty generally to the property or class of use in the same
vicinity and zone.
5. That the reques[ed vartancc~ a~ qranted, is necessary for [he
preservation and enJoyment of a substanttal properiy rtght oossessed by other
proper[y in thc same vicinity and zone, and dented to the property in question.
6. That the requested variancc, as granced~ will not be materlally
detrimentol to the public welfare or inJurious to the property or improvements in
such victnlty and zone in wh(ch the property Is located.
7. That no one tndicated their presence at satd public hearing in
opposi[ton; and that no correspondence was recetved tn oppasitfon to the subject
petTtion.
E1~VIRONMENTAL IMPqCT FINDING: That the Anaheim City Planning Canmisslon has
reviewed the proposa to rec ass fy subjCCC property from the RS-A-43.000
(Residen[ial/Agricultural) to the RH-1200 (Residential, Multiple-Farnlly) zone to
construc[ a 24-unit apartment compltx Nlth waiver of maximum scructural height on an
frregularly-shaped parce) of land consis[fng of approximately 1,1 acres. havi~g a
fro~cage of approximately 148 fect on the south side of Vermon[ Avenue~ having a
maxlmum depth of approximately 40? feet and being located approxtmately 342 feet west
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of the centerline of Harbor Boulevard; and does hereby approve the Negative
Declaration froia the requirement to prepare an envlronmental impact report on the
basis that t.here would be no significant indivtdual or cumulative adverse
environmental impact due to the approvai of this Neaative Declaratlon since the
Anaheim General Plan designates the subJect property for commercial recreatton land
uses commensurate wtth the proposal; Chat no sensitive environmental impacts are
involved in the proposal; that the Initial Study submit[ed by the petttioner
indicates no stgn(ficant indtvidual or cumulative adverse environmentai impacts; and
that the Negative Declaration substantiating the foregoing findings is on file in the
City of Anaheim Planntng Department.
NON, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
doe5 hereby yrant, in part, subject Petition for Variance, upon the following
conditTons r:hich are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of thc City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassiftca[ion No. 78-79-16, now pe~ding,
2. That subject property shall be de~eloped substantially in accordance
with pians and specifications on file ~vith the City of Anaheim marked Exhibit Nos. 1,
2 and 3,
BE IT FURTf1ER RESOLVED tha[ the Anaheim City Planning Commission does hereby
find and determine that adoptton of this Resolution is expressly predicated upon
applican['s compliance with each and all of the conditions hereinabove set forth.
Should any such condition~ or any part [hereof, be declared invalid or unenforceable
by the final jud~ment of any court of competent Jurisdiction, then this Resolution,
and any appravals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is stgned and approved by me this 9[h day of
October, 197a. /J
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H RHAN~At t1 C I TY PI.ANIi I NG COMM I 5 ON
ATTEST:
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SECRETARY, ANAHEIM CITY LANNING COMMISSION
STATE Of CALIfORNiA )
COUNTY OF ORANGE ) ss.
C17Y OP ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim
hereby certify that the foregoing resolutton a~as passed
the Rnaheim City Planning Co~nissfon held on October
following vote of the members thereof:
City Planning Cormnission, do
and adopted at a meeting of
3, 1978~ at 1:30 p.m., by the
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:
; ,
AYES: COMNISSIONERS: BARNES, BUSHORE. DAVID, HERBST, JOHNSOPJ, KING, TOLAR
NOES: COMMISSIONER5: NONE
ABSENT: COMHISSIONEiiS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of October.
1978.
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SE~RETARY, ANANEIM C!T PLAN~IING LOMMISSION
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PC78-233