PC 78-78RESOLUTION N0. PC 78-78
A RESOLUTION OF TFIE ANAhEIM CITY PLANt~iNG COH."11SSION
THAT PETITION FOR VARIAIlLE PJO. 2998 BE GRA~TED, IN PART
WNEREAS, the Anaheim City Planning Commtssion did receive a verified
petition for Variance from ELMER L. AND ELIZABETH B. DP,EWS, CENTRAL BAPTIST CHURLH OF
ORANGE COUNTY, 227 North Magnolia Avenue, Anaheim, Callfornia Q2801, and ROLAND J.
JENSEN, 1010 East Lhes[nut Strect, Santa Ana, Californla 92701, owners, and BORIS
ELIEFF, 2006 North Broadway, Santa Ana, California 9270(i, agenC, of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE EAS7 253•00 FEET OF THAT PORTION OF THE NORTFI 15 ACP.ES OF THE
EAST HALF OF 7HE SOUTHEAST QUARTER OF THE SOUTNEAST QUARTER OF
SECTION 12, TOl1~lSHIP 4 SOUTH, RA~tfE 11 WEST, IN THE RAMCHO LOS
COY07E5, AS SHOWN ON A MAP THEREOF RECORDED IN 800K 51, PAGE I1 Of
MISCELLANEOUS MAPS, RECORDS Of SAID ORANGE COUNTY, DESCRIBED AS
FOLLOWS: BEGINNIPIG AT A POINT ON 71iE EAST LINE OF SAID SECTION,
NORTIi 00 13' 47" WEST 328.29 FEET FROM THE SOUTHEAST CORNER OF
SAID SECTION, SAID PCINT BEING THE NORTHEAST LORI~EP, Of THE SOUTFi 5
ACRES OF 5AID EAST HALF, AS SHOWN ON A MAP OF SURVEY RECORDF.D IN
BOOK 37, PAGE 24 RECORD OF SURVEYS, IN 7HE OffICE OF THE COUN7Y
RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 89~ 4Q' 43" WEST
512.54 fEET ALONG THE NORTH LINE OF SAIQ SOUTH 5 ACRES TO THE
BEGINNING OF A NON-TANGENT CUP,VE CONCAVE SOUTHEASTERLY AND HAVING
A RADIUS OF 969.50 FEET, A RADIAL LINE FROM SP,ID POINT BEARI!!G
SOUTH 57~ 52' 33" EAST; TtiENCE, NORTHEASTERLY, 301+.69 FEET ALONG
SAID CURVE TO A LINE TANGENT; THENCE NORTH 50~ 07' S0" EAST 336,00
FEET ALONG SAID TAl~GENT LINE TO A LINE PARALLEL 411TH, At~D 53.~0
F'eET WESTERLY FROM TNE EAST LINE OF SAiD SELTION; THENCE NORTH 0°
13' 47" WEST 39.61 FEET ALOt~G SA10 PARALLEL LINE; THENCE NORTH 50°
07' S0" EAST 6&.82 FEET TO THE EAST LINE OF SAID SECTION; THEMCE
S~UTN Oo 13' ~7" EAST 525.06 FEET TO THE POIIf1" OF 9EGINNINr,,
EXCEPT THE SOUTH 2O0.00 FEET TNEREOF. AL50 EXCEPT THAT PORTION
TNEP.EOF 1JI7HIN MAGNOLIA AVENUE.
WNEREAS, the Lity Fl.~nning Commission did schedule a public hearing at the
Ci[y Hall in the CEty of Anahe~m on March 13, 1?78, at 1:30 p,m., notice of said
public hearing having been duly given as required by law and in accordance Hith [he
provisions of the Anahcim Municipal Code, Chapcer 18.03, to hear and consider
evidence for and against said proposed vartance and to Investiaate and make findings
and recommendations tn cannection therewlth; satd public hearing having been
contlnued [o the Plannin9 Commission meeting of April 24, 1978; and
WHEREA.S, said Commission aftcr due inspection, investiga[ion and study made
by ftself and in its behalf, and after due consideration of all evidence and reports
offered at safd hearing, does find a~d determine the following facts:
1. Tha[ the petitioner proposes a waiver of the followtr,g to construct a
132-unit condominium complex:
(a) SECTION 18.31.061.012 - Minimum buildln site per dwelling untt.
000 s uare eet required;
square ~eet proposed)
PC78-78
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(b) SECTION 18.31.063.02~+ - Mlnimum structural setback.
(c) SECTION 18.31.065.~>> - Minimum dts[ance between bulldings.
(d) SECTION 18.31.066.010 Re ulred type of parking spaces.
~private enclosed required garages required;
subterranean garage parking proposed)
(e) SECTION 1£5.31.066.040 - Re uired screenin of arkin facilities;
screenin ror.i adiacent streets required;
nonc proposed
2. That the abovc-mentinned waivr.r (a) is her?hy granted on the basis that
the peti[ioner demonstrated that a hardship exists in tha[ thts type of steel and
concrete construct(on extending across the Carbon Creek Flood Control Channel and
havingsubterranean parking with controlied entry to the development is untque in the
City of Anaheim; that more open space ts provided and that the potentially unsightly
open driveways and parking areas are substantially elfminated and that, thereby, a
safer and heal[hier 1(ving environment is provided,
3. That the above-men[ioned walvers (b) and (c) are hereby denied on the
basis that revised plans were submitted and have eilninate6 the need for subject
waivers.
4, That the above-mentioned waiver (d) is hereby 9ran[ed on the basis that
enclosed parkin9 spaces for each unit are provtded in a canmon subterranean parking
garage havin9 contolled access for the tenants; and therefore, enclosed parking is
provided in a manner substantialty equivalent to private garages.
5. Thac [he above-mentioned Haiver (e) is hereby denied on the basis that
the pe[itioner stipula[ed a[ the pubiic hearing to provide a 3-foot high landscaped
earthen berm on that portion of the east proper[y line [o screen the guest parki~g
area from Magnolia Avenue.
6, That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of Che property that do
not apply ganerally to the property or class of use in the same vtcinity and zone in
that subJect property is bi-sec[ed by the Carbon Creek Flood Control Lhannel which
wiii be covered and provide more open space thereby enhancin9 the residential
character of the area.
7, That the requested variance ts necessary for the p~eservation and
enJoyment of a substantial property right possessed by other praperty tn the same
vicinity and zone, and denied to the property in question.
8, That the requested variance will not bc ma[ertally detrimental to the
public welfare or injurTous to the property or tmprovements in such vicinity and zone
in which the property is tocated.
9, fhat seven (7) persons Indicated their prese~ce at said public heaning
in oppositlon; and that no correspondence was recelved in opposttlon to the subJect
petitton.
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ENVIRO~dMENTAL IMPACT FINDING: That [he Anaheim City Planntng Commtsslon has
reviewed the subject proposal to reclassify the zoning from RS-A-li3,000
(RESIDENTIAL/AGRICULTURAL) to RM-4000 (RESIDENTIAL, MULTIPLE-FAMILY) to construcC a
132-unit condominium complex with walvers of minimum building site per dwelling unlt
and Lype of parking spaces on a rectantularly-shaped parcel of land consisttng of
approximately 7.7 acres havin9 a frontage ot~ approximately 5y1 feet on the west stde
of Magnolla Avenue, havf~g a maximum depth of 605 feet and 6eing located
approximately 325 feet north of the centerline of Lincoln Avenue; and does hereby
approve the Negative Declaration from the requirement to prepare an environmental
impact report on the basis that ther~ would b~ no significant individuat or
cumulative adverse environmental impact due to cfie approval of this NegaLlve
Declaration since the Anaheim General Plan designates the subJect property for land
uses comnensurate oiith the pro~osal; [hai no sensitive environmental impacts a-e
involved in the proposai; that the Initial Study submltted by the petitioner
indicates no siynificant individual or cumulattve adverse environmental impacts; a~d
that the tlegative Declaration substantiating the foregoing findings ts on file in the
City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subJe~t Petition for Varlance, upon the follawing condi[tons which
are hereby found to be a necessary prerequisite to [he proposed use of the subject
property in urder to preserve the safety and ge~eral weTfare of the Citizens of thp
City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. ?7-73-50, norr pending.
2. That subJect property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Revislon No. 2,
Exliibit tJos. i[hrough 5, provid::, however, that an eight (8) foot htgh masonry
block wall shall be constructed along the west property line, and that a three ~3)
foo[ high tandscaped carthen berm be provided on that portion of the east property
line adjacent to the guest parking area.
3. That Condition No. 1, above-mentloned, shall be complied with prior to
the commencement of the activity authorized under [iiis resolu[ian, or prior to [he
time that the building permit is issucd, or within a period of one year from date
hereof, whichever occurs first, or such furthcr time as the Planning Cortunisston may
grant.
4, That Conditlon No. 2, above-mentioned, shall be complied ~~ith prior to
final building and zoning inspections.
THE FOREGOItlG RESOLU710N is signed and approved by me this 24th day of
April, 1978.
!/~
C IR11AN, A cHE1M CI PLANPlING COMMISSION
ATTEST:
~Et''itE"i'~~`~~7'r A~iETF~Z'TT ~+t~ ~ ru~ i S51oN
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Edith L. Harris. Secretary of the Anaheim CiYy Planning Commisslon. do
hereby certify that the foregoing resolution was passed and ad~pted at a meeting of
the Anaheim Clty Ptan~Tng Commission held on Aprll 24, 1978, at 1:30 p.m.~ by the
following vote of the members thereof:
AYES: COMMIS510NER5: BARNES, DAVID, HERBST~ KING~ TOLAR
NOES: COMMISSi0NER5: NONE
ABSEtJT: COMMISSIQMERS: JOHNSON, LINN
t978.
IN NITNf55 WHEREOF, I have hereunto set my hand this 24th day of April,
/., i4.r r~ .l ~a~,.L.~. ~
SECRETA . AN HE1M CITY PLANNING COHMISSfON
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