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PC 79-144RESOLUTION N0. PC 74-144 A RESOLUTION OF THE ANAHEIM CITY PLANtllttr, COHNISSIOti TtiAT PETIT10~1 FOR VARIANCE 110. 3102 8E GRA~lTED WHEREAi. tl~e Anahelm City Planntng Commission d~d recetve a verTfied Petition for Variance from WALTER E. LA FORCE At~~ BLANCHE HANAHAN LA FORCE~ P, 0. Box 6200, Anaheim. California 928n6, owncrs, and JOHN F. SWINT, 707 Nes[ ~~or[h Street, Anahelm~ Lalifornia 92805, agent, of certatn real property situated in ~he City of Anaheim. Lounty oF Orange. State of Caiifornia described as: The Southerly 340.00 feet of that portion of the South half of the Southeast quarter of the Southr~est quarter of Section ii, Toti+~sh~R G South, Range il 11est, San Bcrnardino Base and Heridian uescribed as folla~+s: Br_ginning at a point on thc South Itne of saTd Section il, 188 feet East of the 5outhwest corner of said South half of thc Southeast quarter of the Southwest quarter of saTd Section 11; running thcncc East alon9 said South line, 1~~•~+2 fce[; ~hence North parallcl to the Nest line of said So~th half~ 520.33 feet to a point in the South line of [hat certaTn parcel of land conveyed by the First !lational Bank of Santa Ana to Ho.+ard S, Strange and wifc by dccd recordcd August 17~ 1~2~; thence W~st paraliel to the North line of said South Half of the Southeast quar[er of thc SouthwesC quartcr, tf'.42 fcct; thence iouth para11c1 to the kest line of said South half, 52~.45 feet to the poin[ of beginning. 11HEREAS. thc Clty Planning Comr~ission dld hold a public hearin9 at the City Hall in Lhe City of Anahcim on July 1G. 1?7?, ac 1:;0 p,m,~ noticc of said public hearing havin9 becn duly given as rcqutrcd by law and in accordance aith the P~avisions of the Analiein Municipal Code, Chap[er 1~.03~ to hear and constder evldence for and agalnst said proposed variance and to investiga[e and *+ak.e findings and reeortmcndations in co~nection thcrewith; and WF{EREAS. sald Cemmisslon~ aftcr due inspection, invcsttgatlon a^d study made by icself and in its behalf, and after due consid~ration of a11 evidence and reports offcred at said hearing. dces find and determTne the folTo-eing fac[s: ~, 7hat the petittoner proposes a waiver of the following ~a construct a 14-unTt condominium comDlex: (a) SECTION 18.31.061,012 - Minimum buildTn sice area er dwellinq ~nTt sauare eet reou re 29 sauare eet proposed) (b) SECTIO!~ 18.;1.062.912 - Naxim~m structural heT ht. ~stor perm ttc N t n 15~ect of agrtcultural zon(ng; 2 stortes proposcd. 2, That waivcr (a) is hereby granted on thc basts that the rcquest Is minimal and amounts to less [han trro perccnt (2$) of thc Code rcquTrem~^~• PC79-144 3, Tha[ waiver (b) is hereby granted on the basis that althouyh the property to the sou[h is presently zoned agriculturaily, it is desTgnated for generai commercial land uses by the Anahc(m Ce~cra) Plan. 4. Tha[ Lhere are excep[ional or extraordtnary ctrcurt!stanc.es or condttions applicable to the property involved or to the Intended use of the property that do not apply yenerallY to [he proper[y cr class of use tn the same wicinT[y and zone. 5. That the requested variance is necessary for [he O~eservatlon and enjoyment of a substantia) property right possessed by othcr proper[y in the same vicinity and zone, and der.icd to thc property (n qucstion. 6. That the requested variance Nill not be macerTally dccrTmcntal to the public welfare or injurious co the property or Tmprovements in such vTclrttty and zone in which the property !s located. 7. Tha[ no one indicated the'fr presence at said public hearing in opposT[Ton; and that no correspondence Nas recelved in opposttion to the subject petition. EHVIRONHE~iTAL IMPACT FINDING: T~it thc Anahein Clty Plannirtg ComaissTon has reviewed the proposal Lo rr.c ass fy subject property from [he RS-A-G3~000 (RESIDEtITIAL, AGRICULTURAL) to the RM-3000 (RESIDEHTIAL. YULTlPLE-FAMiLY) 2one to construcc a 14-unlt condomtntuT conplex with waivers of minimucn butiding site area per dwellirg unit and rtwxirnurn structural height o~ a rectangularly-shaped parcel of land conststi~g o` approx(mately 1.2 acres. having a frontaqe of apn~oximately 167 fe~t on the north sTde of Lincoln Avenuc, having a maximum depth of apProxtma2ely 300 feet and Ceing locatcd approximately ?63 fect r+est of the centerline of Wes[ern Avenue; and dces hereby approvc thc Negative Occlaratlon from the requlrement to prepare an envfronmental Impact repor[ on the basis tha[ the~c would be no sTgnificant individual or cumulative adverse environmental inpact due [o the approv~l of this pegative Declara[lon since the Anahetm General Plan destgnates the subject property for low-medium density residcntial land uses commensuratc Ni[h che nroposal; f~at no sens(tivic environmcnta) impacts are fnvoivcd in t~~ p~oposal; that the Inicial Study submitted by the peti[loner tndlcates no signiftcant individual or cumulative adverse enviro~mcn[al impacts; and that ihe Nega[Ive Declaration substantia[tng the foregoing fTndings Is on fTle in the City of AnaheTm Planning Depar[men[. NOU~ THEREFORE, BE IT RESOLVED that thc Anaheim Clty Plannin9 Commfsslan does hereby grant subject Pe[ition for Vartance~ upon the followirtg condJtions Mhich are hereby found to be a necessary prerequistce to the proposed use of the subJect property in order to preserve Che safety anJ gencral ~+elfare of the Lftizcns of the City of Anaheim: 1. That thTs Yarlance is granted subJect to thr conpletion of Reclassiflcatfon No. 19-80-4~ ~~ pe~ding. 2. That subJect property shall Qe devrlop¢d substantially in atcordance Nith plans and speclfications on file with the tlty of AnaheTm marked Exhiblt Nos. 1 through 3, -2- PC79-144 BE IT FURTNER RESOLVED that thc Anaheim CTty Planning Commission dces hereby ftnd and detcrmtne that adoption af this Resolu[lon is expressly prcdicated upon appiTcant's compliance with each and all of the condicions hereinabove set forth. Should any such condltion. or any part thereof~ be declared invaiTd or unenforceable by the final Judg~~t of any court of competent Jurisdiction~ then thts Resolution~ and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUT10~1 Is signed and approved by me thts 16th day of July, 1979. a N, AN M CI Y PLANt~ING COMMISSION ATTEST: S~CRETARY, AIAHEiM CITY PLANf11tJG LOMHISSIOtt STATE OF CALIFORNIA ) COUNTY OF OftAtIGE ) ss. C17Y OF ANAHEIf1 ~ !~ Edtth ~• Harris. Secre[ary of the Anaheim City Plannin9 Ca:*n(sslon. do hcre6y certtfy ihst the foregQing resolu[ton M?f pas4t~ artc~ ade¢ted at a mee~ing Qf the Anaheim City Planning Ca+rnissio~ held o~ July 16. 1979. by the foltoxing vote of thc merntcrs thcreof: AYES: COrLMISSI01~ER5: BARNES~ BUSHORE~ DAYIO, FRY~ HERBST~ KING~ TOLAR NOES: COMH~SSIOIiERS: NONE ABSEIiT: COMNIS~IONERS: IIOt1E IN WITHF.55 ~1HEREOF. ! have hereunto sct r.ry hand this lEth day of July~ lg7g, ~~ y~ ~ M NG C MM ~ N -3- Pt79-t44