PC 78-43RESOLUTIOFI N0. PC73-43
A RESOLUTIOt~ OF THE ANAHEIM CITY PLAt~NING COMMISSION
TFIAT PETITIOtJ FOR VARIAtICE N0. 2995 BE GRA~~TED
WFIEREAS, the Anaheim Gity Planning Commission did receive a verified
Petition for Variance from MEB INVESTMENTS ~28, 3723 Birch Street ,923, Newport Beach,
California, 92660, owner, and DOUGLAS PfiWRIE, 3723 Birch Street, Newport Beach,
California 92660, agent, of certafn real property sltuated in the Lity of Anahe(m,
County of Orange, State of C~llfornia descrlbed as:
That portion of Lo[ 1 of Tract 8079, in the City of Anaheim,
County of Orange, State of California, as per map recorded in Book
340, Pages 4 and 5, of Miscellaneous Maps, in the office of the
County Recorder of said County; described as folloris: Beginning
at [he northwesterly corner of said Lot i; thence along the
boundary lines of said lot 5.89~42'S7"E. 4?2.35 fee[, S.Oo17~03"W.
18.00 feet, 5.~39° 42'S7"E. 299.02 feet, 5.0~03'08"W. 22A.39 feet
and 5.89°58'36~~w. 54i.29 feet to a line paraliel with and distant
easterly 250.00 feet, measured at right angles, from the westerly
line of said lot; thence along said parallel line N.G~ 03'08"E.
225.30 feet to a line parallel with and distant southerly 25.00
feet. measured at right angles, fron the most nor[herly line of
said lot; thence along said last mentioned parallel line, N.89~
42~57"W. 250.00 `eet to the westerly line of sa(d lot; thence
along said westerly line, N.~ 03~08"E. 25.~0 feet to the point of
beginning.
WIiEREAS, the City Ptanning Commission did hold a public hearing at the City
Hall in the City of Anaheim on March 13. 191~, at 1:30 p,m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chaoter 18.03, to hear and consider
evidence for and against said proposed variance and to investlgate and make findings
and recommendatlons in connection therewith; and
WNEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
t. That the petitioner proposes a waiver of the following to construct a
30-unit condominium complex:
a. SECTION 18.31.061 - Minimum bulldin sf[e wldth.
70 eet required; 2S eet proposed)
b. SECTION 18.31.061.012 - Mlnimum bufldin site area er dwellin untt.
000 5 uare eet unit required;
35 0 square eet unit proposed)
2. That the above-mentioned waivers are hereby granted on the basis that
the area of the mfntmum buildtng site width will be used only for a driveHay and no
building wili be tonstructed in sald area and that a hardship exists in that a
simllar waiver of minimum building site area per dwelling untt was recently granted
on a nearby parcel of land,
PC78-43
3, That [he requested vartance ts hereby granted subJect [o petitioner's
stipulations to:
Revise the submitted plans by reversing the project to provide a 23
foot wide access drive on the south property line instead of the north;
that wili be developed in accordance with City of Anaheim private
street standards with curbing and a sidewalk on one side of the private
drive access being provided;
b. That the swimming pool shall be relocated from the southeast corner of
subject property to the northeast corner;
c, Tnat said revised plans shall be reviewed by Planning Department staff
to determine whether or not they are substantially in accordance with
the intention of the Planni~g Commission.
4. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
~ot apply generally to the property or class of use in the same vic(nity and zone
because subject property (a "flag" lot) will have a long narrow portion providing
vehicular access only and said portion will not be utilized as a building part of the
site.
5, Tnat the requested variance ts necessary for the preserva[ion and
enjoyment of a substantial property ~ight possessed by other property in the same
vicinity and zone, and denied to ihe property in question, in [hat similar waiver
requests have been granted.
6. That the requested varlance will not be materially detrimental to the
public wetfare or inJurious to the property or improvements to such vicinity and zone
in a~hich the property 1s located.
7, That no one indicated their presence at said public hearing in
opposition.
EtiVIRO27MEt7TRL lHPACT fl`1QlflG: That Lhe Anahelm Ctty Planning Commission has
reviewed the subject proposal to reclassify the zoning from the LL (COMMERCIAL.
LIMITED) to the RM-4000 (RESIDENTIAL. MULTIPLE-FAMILY) zone to construct a 30-unit
condominium complex with waivers of minimum building site width and minimum building
site area per dwelling unit on an irregularly-shaped parcal of iand consisting of
approximately 3 acres having a frontage of approximately 28 feet on the east side of
Euclld Street. having a maximum depth of approximately 791 feet, and beTng located
approximately 25a feet south of the centerline of Romneya Drive; and does hereby
approve the Negative Declaratlon from the requtrement to prepare an environmental
impact report on the basis that there would be no sign~ftcant individual or
cumulative adverse environmental impact due to the approvat of this Negative
Declaration since the Anaheim General Plan designates the subJect proper[y for medium
density residential and general commerctal land uses commensuraYe with the proposal;
that no sensitive envTronmental impacts are involved in the proposal; thak the
Initial Study submiLted by the petttloner indicates no significant indtvldual or
cumulative adverse environmental tmpacts; and that the Negative Declaration
substantiating the foregoing findings is on file in the Cicy of Anaheim Planning
Depa~tment.
NON, THEREFORE, BE IT RESOLVED that the AnaheTm City Planning Ca~nlssion
does hereby grant subject Petition for Variance~ upon the following conditions which
-2- PC78-43
~ ~ ~ _:
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 Gitizens of the
City of Anaheim:
1, That this Variance is granted subJect to the completion of
Reclassification No. 77~78-47, now pending.
2. That subJect praperty shall be developed substantially in accordance
with plans a~d speciflcatlons on file with the City of Anaheim marked Exhibit Nos. 1
thru 6, provided, however, that the proJect shall be "reversed" to relocate the
access drive to the south side of the property, that the drive shall be developed in
accordance with the City of Anaheim standards for private streets with curbing and
with a sidewalk on one side, and thai the swimming pool shall be relocated fran the
southeast to the northeast corner.
THE FOREGOING RESOLUTION Is signed and approved by me this 13th day of
March, 1978.
,~,.~~ ~ ~~~
CNA AN, A~JAH I H C ITY PLANN 1 tIG COMM 1 SS I ON
ATTE57:
~~ -r° Al~..~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CAIIFORNIA )
COUNTY OF ORANGE ) ss.
LITY OF ANAHEIM )
I~ Edlth L. Harris, Secretary of the Anahcim City Planning Cammission, do
hereby certify that the foregoing resolutlon was passed and adopted at a meeting of
the Anaheim City Planning Cammission hetd on March 13, 1976. at 1:30 p.m., by the
foiiowing vote of [he me~tbers thereo`:
AYES: COMNiSSI0NER5: BARNES, DAVID~ HERBST. KING~ LINN, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: JOHNSON
1978.
IN WlTNE55 WHEREOF~ I have hereunto set my hand this 13th day of March~
~~L ~° ~.~.:.,
SELRETARY~ ANAHEtM CiTY PLANNING COMMISSION
-3- PC7a-43