PC 78-91RESOLUTION N0. PL 78-91
RESOLUTIOt~ OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOP. VARIANCE N0. 2994 BE GRANTED
WHEREAS, the Anahelm City Planning Cammission dld recelve a verified
Petitlon for Variance from CARL L. AND MILDRED E. RAU AND CLASSIC DEVELOPMENT
CORPORATl9N, 12700 Knott Street, Garden Grove, California 926l~3, owners. and SHALLER
AND LOHR. INLORPORATED, 366 San Miguel Drive, Suite 311, Newport Beach, California
92660, (agent) of certatn rea) property situated in [he City of Anaheim, Lourtty of
Orange, State of Caltfo~nia described as:
A portion of Lots 25 and 26 of Tract No. 117, Amended Map of Vista
Del Rio Rancho recorded in Book 11, Page 15 of Miscelianeous Maps.
records of Orange County, Lalifornia and lo[ 10A" 7rac[ No. 7732
recorded in Map Book 361, Pages 1b through 19. records of Orange
County, California~ descrtbed as follows: Beginning at the most
westerly corner of Lot 1AA" per tract No. 7732 recorded in Map Book
361, pages 16 through 19. of satd Orange County; th~nce North 60°
38' 42" East 460.49 feet aiong the southeasterly line of the
California State Highway Righ[-of-way, described i~ Deed to the
State of California recorded September 6, 1951, in Book 2227, Page
96 of Official Records; thence South 89~ Ot' 14" East, 22.55 feet;
thence South Ofp 4B' S8" East 45.00 feet; thence North 89° O1' 1G"
Nest 60.00 feet; thence South 00° 48' S8" East 121.00 feet' thence
South 89° 01' 14" East 60.00 feet thence South 00° 48' S8" East
107.54 feet to a Foint on *_he northerly line of the Santa Ana
Valley Irrigation Company's Canal and Che southerly line of Lot 26
as shown on said Tract No. 117; The~ce North 69° 33' 02" East
along said Santa Ana Valley lrrigation Lompany Lanal 101.58 feet
to a point in the soutl~westeriy Right-of-Way line of Parcel 4
(Re1-821) of the titgh~ay Right-of-k~y relinquished to the County
of Orange by Resolution by the Cailfornla Highway Commission. a
certtfied copy of said Resolutfon is recorded in Book 9989, Page
b23 ~f said official records and as shown on Map rec~rded in 8ook
B. Page 17 of State Hlghway Maps in satd office; thence South 520
32~ 30" East 19.71 fee[; thence continutng alo~g said Right-of-Uay
line the fotlowing courses, South 37° 27' 30" kest 597.69 feet to
the begtnnt~g of a curve concave southeasterly having a radlus of
3450.00 fcet; thence southwesterly along said curve through a
central angle of 04° 35' 46" an arc distance of 235.79 feet; I
thence con[inuing along said Rlght-of-Way North 62° 11' 46" West
54.29 feet to a point on the northeasterly boundary of Tract No.
7733, recorded in Map eook 374, Pagzs 12-15 of said Orange County;
thence along said tract boundary through the following courses,
Ncrth 10° 13~ 16" East i51.17 feet, North 00° 57' 25" East 80.14
feet. North 02° 14' 38" West 64.20 feei, North 15° 44' 26" West
92.~9 feet to a point tn the southeasterlv boundary of Tract No.
7732 as recorded in a Map Book 365, Page 16-19 of said Orange
County; thence along said tract boundary through ~he following
courses, North 15°44' 26" West 61.74 feet, North 60 38' 00" East ~
95.96 feet, North 00° 57' 25" East 74,14 feet to a point on the
northwescerly Right-of-Way line of Camino Tampico as sh$wn on sald
Tract No. 7732; thence along sald Right-of-way South 60 38~ 00"
PL78-~1
West 1.26 feet, to the most Southeriy corner of said Lot "A";
thence North 2~ 22' 00" wcst lig.58 feet along the southwesterly
line of said LoL "A" to the point of beglnning.
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the Ctty of Anaheim on March 13, 1978, at 1:30 p.m,~ notice of said
publ[c hearing having been duly given a~ requtred by law and in accordance wiYh the
provisions of the Anaheim Muntcipal Code, Chapter 18.03, to hear a~d conslder
evidence for and agatnst said proposed varlance and to investtgate and make findings
and recon~endattons fn connectton therewith; sald public hearing having been
continued to the P1annGng Commission mecting of May 8, 1978, and
WHEREAS~ sald Commtssion, afte~ due inspectton, tnvestigation and study made
by i[self and in its behalf~ and afte~ due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
i. That the petitioner proposes a waiver of the following to establish a
36-totR5-7200(SC) subdivision:
SECTIOW 18,2b.060.020: - Mtnimu~ lot width and fronta e.
0 eet requ red; 0, and 6 feet
proposed)
SECTION 18.26.065.010 - Re uirement that sin le famil structures
rear on arter a h wa s.
2 side-on lots proposed
2. That the above mentioned watvers are hereby granted for Lhe reduced
number of lots on the basis that the petttianer demonctraced that hardships exlst in
that Lhe property is very irregularly-shaped, and that other stmilar and nearby lots
have prevlously been approved allaviny narrow lot wldths and lots siding-onto Santa
Ana Canyon Road.
3. That the origi~al plan considered by the Planning Commission in
connection with subJect waivers per[ained to a 28-lot subdtvisTon but a revision,
labeled Revision No. 1 af Exhib(t No. 1, was submitted and was approved by
Commission.
4. That there are exceptionai or er.craordinary c(rcumstances or condTttons
applicable to the property fnvolved or co the intended use of the property that do
nct apply generally to the prooerty or ctass of use in [he same vicinity and zone.
5. That the reques[ed variance ts necessary for the preservation and
enjoyment of a substantial property right possessed by o[her property in the same
vicinity and zone~ and denied to the property in question.
6. That the requested variance will not be materially detrimental to the
public welfare or inJurious to the proper2y or improvements in such vlclnity and zone
in whic.h the property is locaYed.
7. That one person ind[c<<[ed he~r presence at said public hearing tn
oppositlon; and tha! no corresaondence was received in oppositlon to the subject
petition.
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ENVIRONMENTAL IMPACT FINDING: That the Anaheim Lity Planning Comnission and
has reviewc [he subJect proposal to reclasstfy the zoning from RS-A-43,000(SL)
(Residential/Agricultural - Scenic Corridor Overlay) and County A-i (General
Agricultural Distrtct) to the RS-7200(SC) (Residenttal, Single-Family - Scenic
Corridur Overlay) zone on an trregutarly-shaped parcel of la~d consfsting of
approximately 5.2 acres. having a frontage af approximately 834 feet o~ the northr+est
side of Santa Ana Canyon Road, having a maximum depth of approximately 440 feet. and
being located approxima[ely 1800 feet northeast of the ce~terl(ne of Mohler 6rive to
establish a 16-lot RS-7200(SC) subdivision with watvers of minimum lot width and
frontag~ and requirement that single family structures rear on arterial highways; and
does hereby approve the Negative ~eclaration from the requirement to prepare an
environmenCal impact report on the basis that there rrould be no significant
individual or cumulative adverse envtronmental impact due to the approval of thls
Negative Declaration since the Anaheim General Plan designa[es the subJect property
for general open space/low-density residential tand uses commensurate with the
proposal; that no sensitive environmental fmpacts are involved in ehe proposai; that
the Initiai Study submitted by the petitioner indicates no significant individual or
cumulative adverse environmental impacts; and that the Negative Declaration
substantiating the foregoin9 findings is on ftle in the City of Anaheim Planning
Department.
HOW, THEREFORE, BE IT RESOLVED that the Anahelm City Planning Commission
does hereby gran[ subject Pe[Ition for Varlance, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property ln order to preserve the safety and general welfare of the Citizens of the
City of Anahelm:
1, That [his Variance is granted subject to the completion of
Reclassificatfon No. 77-78-46, now pending.
2, That subject property shall be developed substanttally tn accordance
with plans and specifiza[lo~s on flle with the City of Anaheim marked Revislon No. 1
of Exhibit No. 1.
BE IT FUP.THER RESOLVEO tha[ the Anaheim City Pianning Comrnission does hereby
ffnd and determine that adoption of this Resolutian is expressly predicated upon
applicant's compliance with each and all of the co~ditions herelnabove set forth.
Should any such condition, or any part thereof, be declared invalEd or unenforceable
by Lhe final judgment of any court of competent Jurisdiction, then this Resolution,
and any approvals herein contained, shali be deemed null and void.
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THE FOREGOING RESOLUTION is sfgned and approved by me this 8th day of May,
. ~
IRHAN PRO 7 M RE
ANAHEIM CITY PLANNING CGMMISSION
ATTEST:
~~~~ ~ ~
SfCRETARY, ANAHEIM CITY PLANNING COMMISSION PC78-91
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STATE OF CALIFORNIA )
COUNTY OF ORIIMGE ) ss.
CITY OF AfJAHEIM )
1~ Edith L. Harris, Secretary of the Anaheim CTty Planning Camiisston, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anahelm City Planning Commission held on May 8~ 1978, at 1:30 p.m.,by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, HERBST. Y.ING
NOES: LOMMISSIONER~S: NONE
ABSENT: COMMISSIONERS: JOHN50~1, IiNN, TOLAR
IN WITNESS WNEREOF, I have hereunto set my hanJ thTs 8th day of May~ 1978.
~-r~ ~ ~r,~..;.,
SECRETARY~ ANANEIM CITY PLANNiNG LOMMISSION
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