PC 79-134RESQLUTION N0. PC 7?-134
RESOLUTIOf~ OF TfiE AFIANEIM LITY PLAt~111NG CO`IHiS51~JN
THAT PETITIO~J FOR VARIANCE P10. 30?6 BE GRAtITED
WNEREAS, the Anaheim Ci[y Planning Commission did receive a verified
Petition for Variance from LOR4ELIU5 iJ. DE RUYTER AND NARY ALICE DE RUYTER, 530
Colgate Avenue, Anaheim, California ?2801, owners, and SHIH-CHUitG YU, 2518 South
Wh(tehead Lane, Hacienda Heights, California ~17~5, agent, of certaln real property
situated in the City of Anaheim, County of Orange, Siate of California described as:
PARCEL 2: THAT POP.TI011 OF THE WEST HALF OF THE NORTNEAST QUARTER
OF 1HE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTIOh 18,
TUilNSHIP 4 SOU7H, RAttCE 10 WEST, IN THE CITY OF ANAlIEIhS, COUNTY OF
OP,ANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOY. 51 PAGE
10 OF MISCELLANEOUS MAPS, IN TfiE OFFICE OF TtiE COUtlTY RECORDER OF
SAI~ COUNTY, DESCRIEED AS FOLLONS: FfEGft~t~I1JG AT TttE FlORTHEAST
CORNER OF SAID NESt HALF; TNEHCE SOUTN D° 07' 3h" EAST, 66.01
FEET; Tf;E~lCE SOUTfi fi8~ 58' 00" uEST 30.00 fE[T TO TtiE TRUE POI~IT
OF BEGINNI~G; TIIENCE SOUTN 0° 07' 36" EAST, 278.~0 FEET; THENCE
SOUTH 8$° 58' 00" WEST, 163.98 FEET; THEhCE t~ORTH 0° 07' S4" West,
272.0~ FEET; THENCE tJORTH 88° 59' 00" E~ST 16r~.00 FEET TO TfiE TRUE
POI~IT OF BEGINr~l~l6. EXCEPTING TNEREFROM TkE t~ORTHERLY 173.00
FEET.
1JHEREAS, the City Planning Camission did hoid a public hearing at the Lity
Hall in [he City of Anaheim on July 2, 1?7?, at 1:3n p.m., no[ice of said public
hearin9 having been duly given as requlred by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.n3~ to hear and consider
evidence for and againsL said proposed variance and [o investigate and make findings
and recommendations in connec[lon thereriith; and
1JflEREAS, said Commission, aftcr due inspection, Investiyation and study made
by itself and in its behalf, and after due constderation of all evidence and reports
offered at said hearing, docs find and de[ermine thc following facts:
1. That the petitioner proposes a waiver of [he following to construct an
8-unit apartmeni complex:
SECTION 16.01.130 - Requlrement [hat all lots abut a public street.
(,'rontage requ~ed;
none proposed)
2. Thai the aforementioned watver is hereby granted on the basis that a
20-foot wide driveway easement will be recorded to provide adequate vehicular access
to the property from Lincol~ Avenue.
PC7°-t3~F
3. That the petiitoner stipulated that in ttie event the property is
furiher subdivlded adequate access for [rash trucks shall be provided wtth a recorded
perpetual easement across adJacent property.
~. That there are excepttonal or extraordinary circumstances ~r conditions
applicable to the property involved or [o the Intended use of the property that do
no[ apply generally to the praperty or class of use in [he same vicinity and zone.
5. That the requested variance is necessary for the preservation and
enjoyment of a substantial proper[y r(ght possessed by o[her propcrty (n the same
vicinity and zone, and denied [o ihe property in question.
6. That the reques[ed variancc «ill no[ be materially detrimental to the
public welfare or injurious [o the property or improvements in such vicinity and zone
in which che property Is located.
7. Tha[ no one indicated their presence at said pubiic hearing in
opposition; and [hat no correspondence was received in opposltion to the subject
petition.
EtiVIRONMENTAL IHPACT FINDITIG: That the Anaheim City Planning Ccmmission has
reviewed thr_ proposat to reclass fy subject properiy from the R5-A-43,000
(Residential/Agricultural) Zonc to the RIt-1200 (Residenttal, 1lultiple-Family) Zone to
cons[ruct an 3-unit apartment complex with wafver of requirenent that all lots abut a
public street on a rectangularly-shaped a3rcel oF land consisttng of ap=,roxinateTy
0.4 acres, located sou[hwest of the (ntersection of Lincoln Avenue and arookhurst
Street, being aoproximately 244 fee[ south of the centerline of Lincoln Avenue and
400 feet ~lest of the centcrline of Erool;hurst Street, having a maximun depth of 100
fee[; anJ does hereby approve the Negative Declaration from the requlrenent to
prepare an environmental impaci report on thc basis that there would be no
significant lndividual or cumulative adverse envtronmental lnpact due to the aporoval
of this Negative Declara[ion since the Anaheim General Plan designates the subject
properCy for medium density residential land uses commensurate with the proposal;
that no sensitive environmental impacts are tnvolved in thc proposal; that the
Initial Study submit[ed by thc peLitioncr indfca;cs rto sigri`ieant indtviduai or
cumulatfve adverse environmen[al impacts; and tha[ the Negattve Declaration
substan[iating the foregoing findings is on filc in the City of Anaheim Plann(ng
Department.
NOW, THEREFOP,E, BE IT RESOLVED that the Anaheim Clty Planntng Canmission
does hereby grant subject Petttion for Varlance~ upon the fiollowing condtttons whTch
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve che safety and genera) welfare of the Cittzens of the
City of Anaheim:
1. That thts Variance is gran[ed subJect to the completion of
Reclassificatlon No. 7g-$0-1, nar pending.
2. That trash storage areas shall be provided in accordance wlth approved
plans on file with [he Office of thc Dtrector of Public Works.
-2- PC79-13L
.1
~ . ~'~~
In the event that subject property is to be divided f~r the purpose of
saie, lea~e, or financing; a parcel map, to record the approved divisfon of subJect
property shall be submittedto and approved by the City of Anahelm a~d then be
recorded in [he office of the Orange County Recorder.
4, That a perpetual 20-foot wlde easement for access purpases to and from
Lincol~ Avenue to subJect property shall be submitted to and approved by the City
Attorney's Office and then be fileJ and recorded in the offtce of the Oranae County
Recorder.
5. That subject property shall be developed subs[antially in accordance
wi[h plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2. •
6. That Condition Nos. 3 and 4, above-mentioneJ, shall be co~plied vrith
prior to the commencement of the activity authorized under this resolution, or prior
to the time that a building permit is issucd, or wfttiin a period of one year from the
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
7. Tha[ Condition Nos. 2 and 3, above-mentioned, shall be complted with
prior to final building and zoning inspections.
BE IT FURTN[R RESOLVED that the Anahelm City Planning Larnnisslon does hereby
find and determine that adoption of this Resolution is erpressly predicated upo~
applTcant's compliance wtth each and all of the co~ditions herelnabove set forth.
Should any such conditton, or any parY thereof. be declared invalid or unenforceable
by the final ;udgm~nt of any couri of competent Jurisdiction, then this P.esolution,
and any approvals heretn contllr.ed, shall be deemed null and void.
ThE FOREGOIHG RESOLUTION is signed and approved by ne this 2nd day af July,
~979.
A. ~, NANE ~ T PL. ~f, COt1M 1 SS I ON
ATTEST:
`~~ .~ o~~:,
SECRETARY t ANANE I M C 17Y PIANN t NG CO~~"11 SS 10~~
STATE OF CALIFORNIA )
COUNTY OF ORAHGE ) ss.
CITY QF AHAHEIM )
1, Edith L. Harris, Secretary of the Anaheim Ctty Planning Commission, do
hereby certify that the foregoing resolution was passed and adopied at a r~eeting of
the Anahelm City Planning Commisslan held on July 2. 1979, by the following vote of
the menbers thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE~ DAVID~ FRY~ HERBST, Y.IkG~ TOLAR
NOES: CONMISSIONERS: NONE
ABSENT: COMMISSIOt1ER5: NOFiE
IN NITNE55 WHEREOF~ I have hereunto set my hartd this 2nd day of July, 1979,
,~j ~ ~ /uclfil/I.c~
SECRETARY~ AtlAHE IM C ITY PLANN I~IG COMH 1 SS ION
-3- PC79-t34