PC 79-135RESOLUT10~1 N0. PL 74~135
RESOLUTION OF THE ANAHEIM CITY PLANNING CONNISSION
THAT PETITIO~~ fOR VARIANCE N0. 3100 BE GRAtI"iED
NNEREAS, the Anaheim City Planning Commisslon dtd receive a verifled
Petition for Variance from KENNETH 0. ALBERS AND SNANON S. ALBERS, 739o East
Woodsboro, Anaheim, California 92807, owners of certatn reai property sttuated in the
City of Anaheim, Lounty of Orange, State of Calffornia described as:
PARCEL l16. 1: That portion of the Nor[hwest quarter of Section 6,
ToWnship 4 South Range 8 West, in the land allotted to Trlnidad
Peralta de Marquez as described in [he Final Decree of Partitton
of [he Rancho Santiago de Santa Ana, whtch was entered September
12, 1868 in Book "B", page 410 of Judgments of the Otstrtct Court
of the 17th Judicial Distric[ in and for Los Angeles County,
California, descrTbed as follows: Be9fnning at the Northwesterly
corner of that certain 12.745 acre parcel, as shown on a Map filed
tn book 22, page 11 of Record of Surveys, in the office of the
County Recorder of Orange County, Cal(fornia; [hence South 1° 06'
03" Nest alon$ the Westerly line of sald Parcel, 36.56 feet;
[hence South 78 34' 30" East 204.61 feet to the beginning of a
tangent curve concave Westerly, having a radius of 25.00 feet;
[hcnce Southwesterly, Southerly and Sauthwesterly along sald
curve, ttirough a central angle of 152~ 21' 0~" an arc distance of
66.48 feet to a tangent line, being that certain course descr(bed
as South 73° 46' 30" West 89•25 feet in Parce) No. 1 of a deed to
Tetsuo Ozaki and Hife, recorded September 12, 196:, in book 5844,
page 139, of Official Records; thence ~lorth 73~ 46' 30" East 20.95
feet to the Easteriy terrninus of said course; thence South 62° 32'
30" East 98.62 feet Co the Southwesteriy corner of the land
descrlbed in Parcel No, i of a deed to Philip E. Hansen and wife,
recorded July 14, 1966 tn book 7989, page 190, Offlcial Records;
thence North 2° 53' l4" East 147.91 feet :a an angle patnt Fn Lhe
Westerly line of said land of Hansen; thence North 55° 35' 08" Nest
88.50 feet to the Northwesterly corner of satd land of Hansen,
being a point on the centerline of Hohler Drtve, as shown on a Map
filed in book 82, page 26 of Recard of Surveys In the office of
the County Recorder of Orange County, Californfa, sald center line
being the Northerly line of ~he land described tn Parcel No. t of
a deed ta Paul Obler and others. recorded July 23. 1964, in book
7146, page 311 pf Offictai Records. said poTnt being on a curve in
said center line~ concave Southerly havTng a radius of 700.00
feet, a radial Ilne through said poi~t bears ~~orth 0° 35' 03"
west; thence Wesierly along sald curve and sald center line,
through a central angle of 9° Oi' 22", an arc distance of 110.23
feet to a tangent line; thence South 800 23' 30" West 136.17 feet
to the point of beginning. Said land ts also known as Parcel tA
nn a Map recorded In book 82~ page 26 of Record of Surveys.
Pt79-135
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PARCEL N0. 2: That portion of the Northwest quarter of Section 6,
Township 4 South, Range 8 West, in the land allotted to Trlnidad
Peralta de Marquez. as described in the Final Decree of Partition
of the Rancho Santiago de Santa Ana, which was entered September
12, 1868, in Book "8". oage 410 of Judgments of the District Court
of the 17th Judicial District (n and for Los Angeles Lourtty,
California, described as follows: Commencing at the Northwesterly
corner of that certaln 12.7~+5 acre parcel, as shown on a Map filed
in book 22, page 11 of Record of Surveys in the office of the
County Recorder of Orange County, Californla; thence South 1~ 06'
03" West, along the Westerly line of said parcel 36.56 feet to the
irue point of beginning; thence South 78° 34' 30" East 204.61 feet
to ihe beginnin9 of a tangent curve concave Westerly having a
radlus of 25.00 feet; thence Southeasterly , Southeriy and
S~u[hwesterly along said curvP, through a central angle of 152°
21' 00", an arc dtstance of 66.48 feet to a tan9ent line, being
that certain course described as South 73~ 46' 3~" Nest 89•25 feet
in Parcel No. i of a deed to Tetsuo Ozaki, and wife, recorded
Sep[ember 12, 1961 in book 5844, page 1;9 of OffTcial Aecords;
thence South 73° k6~ 3~'~ Nest along said course and its
Sou[hwesterly prolongation 213•97 fect to sald Nesterly line of
that certain 12.745 acre parcel; thence North i° 06'03" East
185.41 feet to che true point of beginning. Said land is also
known as Parcel 18 on a Map recorded in book 32, page 26 of Record
of Surveys.
WHEREAS, thc City Planning Commisston did hoid a pubiic hearing at the Clty
Hall in the Ctty of Anaheim on July 2, 1979, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance wlth the
provisions of the Anaheim Municipal Code, Chapt~r 18.03, to hear and consider
evidence for and agalnst said proposed variance and to investigate and make findings
and recommendatfons in connection Cherewith; and
NHEREAS, said Commission, af[er due inspection, investigation and study made
by itsei` and in its behalf, and after due constderation of all evidence and reports
offered at sald hearing, does find and determine the following facts:
t. That the petitioner proposes a waiver of the followtng to construct a
single-famity residence:
SECTION 18.21.063.a3~ ' Mlnimum rear ard.
25 eet requlred; 7-1/2 feet proposed)
2. That the above menttoned waiver T, hereby granted on the basis that the
petitloner demonstrated that a h~rdship exists in that a prEvate road passes through
the center of the property and adversely effects development of the property; and
that there are specTal clrcumstances apFlicable to the proper[y, lncluding slze,
shape, topography, and location which do not appty to other property under simllar
zoning classification in the vicinity.
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3. That there are exceptional or extraordinary circumstances or condY[tons
applicable co the property involved or to the tntended use of the property 2hat do
not apply generally to the property or class of use in the same vicinity and zone.
4. That the reques[ed variance ts necessary for the preservatlon and
enJoyment ~f a subs[antisl property riglit possessed by other properiy in the same
vic(nity and zone, and denied to the property in question.
5. That the requested variance will not be materlally detrfinental co the
publtc welfare or tnjurious to the property or improvements tn such vicinlty and zone
in Nhich the property is located.
6. That one intPrested person tndicated their presence at said public
heartng; and [hat no correspondence was received in oppositfon to the subject
pe[ition.
EIIVIRONMENTAL lMPACT FINDING: The Planntng Director or hls authorized
representat ve has determ ned that the proposed project falls within the deflnition
of Categoricai Ex~~ptions~ Class 5. as defined in Paragraph 2 of the Ci[y of Anaheim
Environmental Impact Report Guidelines and is, Cherefore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEREFORE. BE IT RESOLVED that the Anaheim Lity PlannTng Commission
does hereby grant subject Petition for Variance, upon the follo++ing conditions wh(ch
are hereby found to be a necessary prerequtsiie to the proposed use of the subject
property In order to preserve the safety and genera) wclfare of the Citizens of the
Ci[y of Anaheim:
1. That all requirements of Fire 2one 4, otherwl.e Identified as Fire
Adminis[rative Order Ne. 76-01, wili be me[. Such requirer.ients include, but are not
limited to, chtmney spark arestors, protected attic and under floor openings, Class L
or better roofing material and one hour fire resistive consLruc[ton of horizontal
surfaces tf within 200 feet of adJacent brushland.
2. That the owner of subject property shall pay to Lhe City of Anaheim the
appropriate park and recreation in-lleu fees as determtned to be approprTate by the
City Louncil, said fees to be paid at the time the buildl~g permit is issued.
3. That drainage of subJect proper[y shall be disposed of in a manner
satisfac[ory to the City Engineer.
4. That grading, excavatio- and alt other construction activittes shall
be conducted tn such a manner so as ~~ minimize the possibility of any sTlt
originating from this proJect being carried into the Santa Ana River by storm water
orlginating from or flowing through this proJec[.
5. That the owner(s) of subject propercy shall pay appropriate drainage
assessment fees to the CItY of Anaheim as determined by the Ctty Engineer prlor to
issuance of a buildtng permtt.
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6. That the owner(s) of subJect property shall pay thc traffic sTgnal
assessment fee (Ordinance No. 3896) In an amount as determined by the City Councll,
for each new dwelltng unlt prTar to the issuance of a building permit.
7. That any specimen tree removal shall be subject to the regulattons
pertaintng to tree preservation in the Scenic Corrldor Overlay Zone.
8. That subJect property shall be developed substantially In accordance
with plans and specifications on file with the Cfty of Anaheim marked Exhibit Nos. 1
through 5.
9. That Condt[ton Nos. t, 3, 4 and 8, above-mentioned, shall be complied
with prior to final butlding and zoning inspections.
BE IT FURTNER RESOLVED cha[ the Anaheim Lity Planning Commission does hereby
find and determine that adoption of thTs Resolution is expressly predicated upon
applicant's compllance with each and all of the conditions hereinabove set forth.
Should any such conditlon. or any part thereof, be declared invatid or unenforceable
by the final judgment of any cour[ of competent Jurisdiction. then thTs ResolutTon,
and any appr~vals herein contained, shall be deemed nuil and void.
THE FOREGOING RESOLUTIOtI is signed and approved by me thfs 2nd day of July~
~ 9~s.
HA~ ~ ANAIi 1 L NNING GOMMISSION
ATTEST:
`~a,~ .~%~,
SECRETARY, A~lAHE II! C ITY PLA~IN 1 NG CONM I55ION
STATE OF CALIFORNIA )
COUNTY OF OQANGF. ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anahcim Lity Planning CommissTon. do
hereby certify that the foregoing resolutton was passed and adopted at a meeting of
the Anahcim City Planning Comm(ssion held on July 2~ 1Q79, by the following vote of
the mem6ers thsreof:
AYES: COMMISSIONERS: BARNE5, BUSHORE~ DAVIO, FRY~ HERBST, KING~ TOLAR
NOES: COMMISSIOttERS: NONE
ABSENT: COMHISSIONERS: NOHE
IN 411TNE55 1JHEREOF, f havP hereunto set my hand thls 2nd day of July, 1979.
~Q.~.cl ~ ~~,~:.
SECRETARY, ANAHEIM CITY PLA~~NING LONMISSION
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