PC 79-158M-;, s
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RESOLUTIOM N0. PC 79-i53
A RESOLUTION OF TfiE AHAHEIM CITY PLAN6IING CONMISSION
THAT PETITION FOR VARIANCE N0. 310~+ BE GRANTED
WHEREAS, the Anahefm City Planning Lommtssion did recelve a verified
Pe;ition for Variance from INVESTOP.~ DEVELOPHENT OF ORAt~GE COU~ITY, INC., 1345 North
Grand Avenue, Santa Ana, California 92701, owner, and 5HITLEY b ASSOCIATES~ 14i5 E.
Collins Avertue~ Orange, Caltfornia 926b7, agent, of certain rcal property st[uated in
the Cfty of Anaheim, County of Orange, 5tate of California descrlbed as:
That portfon of the Southeast quarter of Sectton 26, Township ~+
South, Range 10 Wes[, in the Rancho San Juan Cajon de Santa Ana,
Ctty of Anaheim, as shown on a map thereof recorded in booN 51,
page 7, et seq., Miscr.llaneous Maps, records of ,aid Orange
County, described as folirnYS: Beginning at i point in the uest
Iine of said Southeast quarter, dts[ant thereon South 0~ Q4' uest
1353 feet from the Northwest corne.r of satd Southeast quar[er,
said point being also the Southwes[ corner o` the land described
in the Jeed to John T, Saulsbcry anJ wife, filed November 9, ~°33,
as document No. 2341, in tfie offtce of the Registrar of Titles of
safd Oran9e County: And run~ing thence North 72° 54' East along
the Southerly line of said land conveyed to Saulsbery 253 feet;
[hence North 39° 17~ 20" Uest 132.95 feet; thence Sou[h 7ho 03'
40" West 1;0.73 feet to the Nestcrly line of said Southeast
quarter; thence South 0~ Oy' Nes[ along said Westcrly lfne, 180.27
feet to the polnt of beginning.
LIHEREAS, the Cit/ Planning Commission did hold a public hearln9 at the City
Flail in the City of Anaheim on July 30, 1479, at 1:30 p.m., notice of satd public
hearing having been duly given as requ(red by law and tn accordance with the
provi~tons of the knaheim Nunicipal Code, Chapter 18.03, to hear and consider
evidence for and agafnst said proposed variance and to tnvestigate a~d make findings
and recommendations tn connec[ton therewith; and
~lHEREAS, said Commission, after due inspection, investiga[fon and study made
by ltself and in (ts behalf, and after due consideratfon of all evidence and reports
offered at sald heartng, does find and determine the folla.+ing facts:
1. That the petitioner proposes waiver of the following to establish a j-
lot, 3-building, RH-120~ subdivision:
SECT10~1 18.34.061.020 - Minimum bulldin site rridth.
0 eet required;
one 59-foo[ lot and two 60-foot lots proposed)
2. That [he above-mentioned waiver is hereby granted an the basis that the
peti[loner denonstrated that a hardsh(p exists in that the property has an unusual
shape; that speclal circumstances are applicable to the property rrhich do not apply
PC~9-158
to other proper[y under (dentical zoning classfficatton in the vicintty; and that
strict appllcatlon of the zoning code deprives the property of privileges enjoyed by
o[her property under identical zoning classiftcatton in [he victnity.
3. That there are exceptional or extraordinary circumstances or condittons
applicable to the property involved ar to the fntended use of the property that do
not apply generally to the property or class of use in the sane vtcini[y and zone.
4, That the requested variance is necessary for the preservation and
enjoyment of a substantta) property right possessed by other propcrty in the same
vici~tty and zone, ancf denied to the property in question.
5. That the requested variance will not be matertaliy detrimental to the
publlc welfare or injurious to the proper[y or imorovements in such vicini[y and zone
In which [he property is located.
6, That na ore indicated their presence at said public heartng in
opposition; and that no correspondence was recetved in oppositlon to the subJect
petition.
ENVIROtIHENTAL IMPACT FINGING: That the Anaheim City Planning Commtsslon has
reviewed the proposal to establish a 3-1ot, 3-building, R1-1200 subdtvtsion aich
waiver of minimum bullding st[e Nidth on an irregularly-sliaped parce) of land
conststin9 of approxima[ely Q.8 acre, having a fron[age ef approxlmately 180 feet on
the east sfde of Lewis Stece[, having maximum depth of approxtmately 217 feet, and
being located approxtma[ely ilEO feet south of the centerline of Orangewood Avenue;
and does herety approve the Negative Declaratlon from the requlrcment [o prepare an
envtronmentai impact report on thc basis [hat tficrc would b~ no significant
individual or cunutative adverse er.vironmentai irnpact due t~ the approval of this
Ne9ative Declaration sinGC the Anaheim General Plan desianates the subJect proper[y
for medium-dens(ty residential land uses cannensurate with the proposal; that no
sensitive environmental impacts are involved in the proposai; that thc Inltlal Study
submTtted by the petitloner indlcates no significant individuai or cumulative
adver~e environmental impacis; and that the ~~enattve Declaration suhstanttattng the
foregoing findings is on fiie in Che City of Anahetm Planning Department.
NOU, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Lommisston
does hereby grant subJect Prtitton for Variance, upon the following conditions whlch
are hereby found to be a necessary prerequistte to the proposed use of the sub)ect
property in ordcr to preserve the safety and general welfare of the Cttiaens of [he
Ctty of Anaheim:
1. In the event that subJect property is to 6e div(ded for the purpose of
sale, lease. or financl~g, a parcel map, to record the approved dtvislon of subJecL
property shall be submltted to and approved by the City of Anaheim and Chen be
recorded tn the office of the Orange County Recorder.
2. That subject property sha11 be developed substanttally in accordance
with plans and specifications on flle with the City of Anaheim marked Exhibit Nos. 1~
2, 3. 4, 5, 6, 7, 3, 9, 10 and il.
-2- PC79-158
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BE IT FURTHER RESOLVED that the Anaheim ~ity Planning Commission does hereby
fi~d and determtne that adoptlon of this Resolution Is expressly predicated upon
applicant's ca~pliance w{th each and all of the conditians hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judgment af any court of competent Jurisd(ctton, [hen this Resolution,
and any approvals herein co~Cained, shalt be deemed nult and void.
~ s~9.
THE FOREGOlNG RESOLUTIQN is signed and approved by me this 3~th day of July,
~.•~~.-~ ~ .~-- -
~ H IRMAN~ NANEIN CITY PLANl~ItIG COtdMIS510N
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF Af1AHEIM )
I, Edith L. Harris, Secretary of tfie Anaheim Ctty Planning Commission, do
hereby ccrtify that the foregoing resolution was passed and adooted at a neetfng of
khe Anahelm Clty Planning Lommission held on July 3Q. 1979. by thc followTr~g vote of
the members tfiereof:
AYES: COMHISS104ER5: SARNES~ BUSHORE~ DAVID~ HEREST, KINr,, TOLAR
NOES: C~t1HISSIONERS: NOIIE
ABSEIIT: LOHMISS10~1ER5: FRY
I!7 WITHE55 NHEREOF, I have hereunto set my hand thts 3~th day of July, 1979.
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SECRETARY, ANAHEIN CITY PLAt~NING COHMISSION
-3- PC79-t58