PC 78-244RESOLUTIO!! N0. PC ~8'244
A RESOLU710N OF THE A!IAHEIM CITY PLAI7NING CO!1t115510N
THAT PETITION FOP, VARIANLE N0. 305~ BE GRA~ITED, IIJ PART
WHEREAS~ thc Anahcim City Plannin9 ~~ission did receive a verified
Petition for Variance from SIENERT LAND COHPANY, i&03 South Ninth Street, Anahetm~
California ?2P02, or+~cr. and TUHkNJA~I AND TUMAN~At~, INC., 21515 Nawthornsituatedardn
Suite 9Ei0, Torrance, California 90503, agent, of cercain real property
the City of Anaheim, County of Orangc, Statc of Californta described as:
That portion of the Northeast quarter of the Northcast quarter of
the Northti+est quarter of Section 28, Township 4 Sou[h, Range 10
lles[. in the Rancho Los Bolsas. as shorm on a Map recorded in Book
5~~ page 10 of Miscellaneous Maps, records of Orange County.
California, described as follows: Beginning at a point in thc
Easterly line of Tract No. 3240, as shown on a Hap recorded in
Book 113. P~9es 1, 2 and 3 of said Miscellaneous Maps, distant
thercon North 00~ 55' 3~" West 817.67 fcet from the Sou[hcast
corner of said Tract ~~o. 3240, said point beinq on a non-tan9ent
curve in the Easterly line of the land described in Parcel C3'`~~k
in that ccrtain Final Ordcr of ~ofdwh^~hiwas recora~a~~Hay2~8.
filed May 9. 1959, a certified copy
~059~ in E3ook 4706, pagc 375 of Official P,ecotds in the office of
the Lounty Recorder of said Orange County, said curve being
concave Westerly havin~ a radlus af ~ZZbearsfeSouth r]1oaY9~i~55of
said curve passing through said point ~~ of
East; thence Northeriy along said curve through a central ~^9 of
~po 47' 04" an arc distancc of 230.57 feet to the Truc Point
Beginning; [hence non-tangent [o said curve North 890 12~ 43"
East G17.k~ feet to [he Eastcrly linc of said Northwest quarter;~~
thencc along said lasc men[Ioned Easterly line Yorth 00° 55 10
1Jest 275•~% feet Co the Northeast corner of Sa(d tiorchvresL
quarter; thence along the Northerly line of said Northwest quarter
South 89° ~3' 30" Wesf 611.50 feet to the tiortheast corner of said
Parcel L3-904; thence along sald Easterly line of Parcel C3'904
Sou[h Q~ 55~ 30~~ East 155.53 fee[ to the beglnning of a tan9ent
curve concave 4lesterly having a radlus of 1225,00 feet; and
Southerly along said curve through a centrai angte of OS° 38~ 31~~
an arc distance of 120.63 feet to the True Point of Beglnning.
WF{EREAS, the City Planntng Commission did schedule a publ1no ice'~ofatsaid
City Hall in the Lity of Anahe(m on October ~'ulred~bat ~~30 P~m.~
public hearing havtng been duly given as req y law and in accordance with the
provlsions of the Anaheim Hunicipal Code, Chapter 13,0;~ to hear and consider
evidence for and against sald proposed conditional use and to investigate and make
findings and recommendations tn con~ectfon therewitfi; sald public hearing having been
contlnued to the planning Cammission neeting of OctoAer 23~ 197R; and
WHEREAS, said Cor.misston, after due Inspectlon, investTgation and study made
offered,atasaldnhearinghadoesafindfand determinedthe`following,factsen~e and reports
Pt76-244
1. That the petitioncr proposes a waiver of ~he Qo1lor+ing to construct a
70-unit apartment complex:
(a) SELTIO~~ 18.34.Of?,011 - Maximum structura) helaht
2 storles perm tted;
3 st~es proposed)
(b) SECTIOtI 12.34.OG4 - Permitted e~croachment into re uired ard.
De eted
2, That thc requcsted waiver {a) Is hereby granted on the basis tha[ the
proposed [hird story consists of a mezzantne levei rrhich rbuld have a skylight but no
windows facing nearby single-family residential uses. that Che mezzanine levels wtll
not be readily visible from the extcrior of the apariment buTldings, that the
structural height of the ~partment buildings will not exceed the maximum heTght
typical for cwo story buildings (35 fect).
3, That thc requested waiver (b) is hereby denied on the basis that
revised plans tndicated conformance with the Zoning Code, thereby etininatTng the
need for [he waiver.
4, That there are exceptional or extraordinary ctrcumstances or conditions
appltcable to the property invo!ved or to the i~tended use, ~s granted~ or tfis
property that do no[ apply generally [o the property or class of use in the same
viclnity and zonc.
5, That the requested variance. as ~ranted, is necessary fer the
preservation and enjoynent of a subs[aniial Property right possessed by other
property in the same vic(nicy and zonc, and denied to the proper[y in questton.
6, That [he rcquested variance. as granted, wiil no[ be materially
detrinental to [hc public welfare or inJurious [o the property or improvanents in
such vicfnfty and zone in Hhich thc property is locaEed,
7, That 2 persons indicated their presence at said public hearTng fn
opposition; and that no correspondence was received in opposiiion to the subject
petition.
ENVIF.ONHENTFL INPACT FIIIDII~G: That the Anaheim Ci[y Planning Commission has
reviewed the proposa to rec asstfy subJect property from the RS-A-43~000
(Residential/Agricultural) zone to thc RM-1200 (Resldential, MultTple-Family) zonc to
cons[ruct a 70-unit apartment complex with wa(vers of rwximum structural height and
permitted encroachment In[o required yard on a rectangularly-shaped parcel of land
consisting of approxlmately 2.8 acres, locaied at the souihwest corner of Katella
Avenue and Ninth Stree[, having approximate frontages of 572 fcet on the south side
of Ka[ella Avenue and 228 fcet on [he west slde of Nlnth Street; and does hereby
approve the Negattve Declaratlon from [he requTrement to preparc ~n environmental
impact report on the basis that there would be no signtficant lndividual or
cumulattve advcrsc environr.~ental impact due to thc approval of [his Negative
Declaratton since the Anaheim General Plan designates the subJect property for medium
density residentiai land uses comnensurate wich the proposal; [hac no sensttTve
envTronncntal impacts are Involvcd in the proposal; that the Initial StuJy subnitted
6y the petitioner indlcates no signiftcant indiv(dual or cumutative adversa
-2- Pt78-244
~e.. . f
enviro~mental fmpacts; and [hat the Negative Declaration substanttating the foregoing
findinss is on file ln the Lity of Aeaheim Planrsing Oepartment.
NOW~ THEREFORE, BE iT RESOLVED that the Anaheim Ci[y Planning Lommissio~
dees hereby grant, ir. part, subiect Petition for Variance, upon the following
conditions which are hereby found to hc a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general weifarc of the
Citizens of the City of pnahelm:
1. That this Varlance is granted subJect to the ~ompletion oT
Reclassification No. 78-79-14, now pending.
2. That subJect property shall be developed substantially in accordance
with plans and specificatlons o~ fife :Yith the City of Anaheim marked Revision No. 1
of Exhibit Nos. i through 5; provided, however, that there shall be no windows on the
second itoors or the mezzanine levels facing riesterly across the Orange County Flood
Control Distrtct channel.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commtssior does hereby
find and determine that adoption of this Resolution is expressly predTcated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such conditton, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court of competent jurisdiction, then this Resolution,
and any approvals hereln con:ained, shall be dcemed null and void.
THE FOREGOIPlG RESOLU710N is stgned and approved 6y me this 23rd day of
October, 1978.
~-CHA(RfViT~,~ NA CIT LANNING COMNISSION
ATTEST:
~~~ .?.' ~..~
SECRETARY, ANAHEIM CITY PLAflNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harris, Secretary of the Anaheim City Planning Cormnission~ do
hereby certlfy that the foregoing resolutlon was passed and adopted a*_ a meeting of
the Anaheim CTty Planning Commission heid on October 23, 1978, at 1:30 p.m,, by the
followinc~ vote of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, HERBST, JOHt~SQN, KiNG, TOLAR
NOES: COMMI5510NERS: NONE
ABSENT: COMMISSIOWERS: NONE
IN WiTNESS WHEREOF~ I fiave hereunto se:t my hand this 23rd day of October~
1978.
i ..~/-
3F~FiETIi . ~l~lF1 C`~'I~ N N OMM I SS ~ON
-3- PC78-244