PC 79-193R~SOLUTION NO,. PC 79-193
RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3114 BE GRANTED
5JFIEREAS~ the Anahelm City Planning Commisslon dld receive a verified
Petition for Varlance fram ST. MARK'S UNITED METHODIST GHURCH, 1800 uest Orange
Avenue, AnaheTm~ California 92801, owner, and uALTER FORSYTHE, 518 South Brookhurst
Street, Anaheim, Californla 92804~ agent, of ccrtaln real property sttuated in the
City of Anaheim~ County of Orange, State of Californta dcscribed as:
The south 160 feet of the east o~e-half of the West one-half of
the Northeast quarter of the Southeast Quarter of Section 15
township 4 South Range il West in the Rancho Los Coyotes, City of
Anahelm, County of Orange, State of California. as per map
recorded in book 51, page 11 of Miscellaneous Maps, in the office
of the County recorder of said County, lying -~ortherly of the
Westeriy prolongation of the center Itne of Nunyall Drive as shown
on a map of Tract No. 3591, as per map recorded In book 133 Pages
18 and 19 of Miscellaneous Maps. In the office of [he County
recarder of said County. Excepting the Mest 1~0 feet thereof.
IJHEREAS. the City Ptanning CommfssTon did hold a public hearing at the Clty
Hall in the Cicy of Anahelm on September 24, 1979, a[ 7:30 p.m,~ ~ottce of satd
public hearing having been duly glven as requfred by law and in accordance wtth the
provisfons of the Anaheim Municlpal Code, Chapter 18.03, to hear and consfder
evidence for and agains[ said pro~osed variance and to lnvestygate and make findings
and rec~rtmenda[tons In connection [hereafth; and
WHEREAS~ said Commisslon, after due inspectlon, Investigailon and study made
by itself and in its behalf~ and after due consideratlon of all evidence and reports
offered at sald hearing~ does find and deLermTne the following facts:
1. That the petitioner proposes walvers of the folfor+ing to cons[ruct an
18-unit apartment canplex:
(a) SECTION 18.34.062.012 - Naximum bulldln heT ht.
~ stor perm tted w thin 150 feet of
agr cu tural zonln9;
2 storles proposed)
(b) SECTI~N 18.34•066.062 - Permttted vehicular access.
a e access o~ perm tted;
a ey an street access proposed}
2. That the above-mentioned waivers are hereby granted on the basls that
the petl2loner EdnonsCrated that a hardship exists in that surrounding properties are
currently developed as multiple-family uses and although the adJacent property to the
west is currently zoned RS-A-43.000 (ResidentTal/Agricultural), it Ts designated on
the General Plan for medium density residential land uses and strict applicatlon of
the zonlrrg code would deprive the property of privileges enjoyed by othtr property
under ldentical zoning class~ficailon In the vicinl~y.
Pt79-193
3. That there are excepitonal or extraordinary circumstances or conditlons
applTcable to the property Involved or to che intended use of the property that do
not apply generally to the property or cla~s of use in the same vicinity and zone.
4. That the requested variance is necessary for the preservation and
enJoyment of a substantTal property right possessad by other property in the same
vicintty and zone, and denled to the property tn ques[lon.
5. That the requested variance wtll not be materTally detrimental to the
pubiic rrelfare or infurlous to the property or improvements in such vicinity and zone
tn which the property is located.
6, That no one lndlcated their presence at sald public hearing in
oppositlon; and thaL no correspondence was received in oppositton to the subJect
petitlon.
E~IVIRONMENTAL IMPACT FINDIN3: Tha[ [he Anahelm Ctty Planning Comm(sslo~ has
reviewed the proposa to recjassTfy subJect property from RS-A-43~000
(Residtntlal/Agricultural) to RM-1200 (Residential~ Multtple-Family) Zone wlth
waivers of max(mum buildtng height and permitted vehicular access to cons[ruct an 18-
unit apartment complex on a rec[angularly-shaped parcel of land consisting of
approxlmately 0.7 acre, having a frontage of app~oxlmateiy 230 feet on the north side
of Mungall Drive, having a maximum iiepth of approxlmately 128 feet and being located
approximately 750 feet West of the centerline of Kno[t Street. and does hereby
approve the Negative Declaration from the requirement to prepare sn environmental
impact report on the basls that t:here would be no slgnificant indivTdual or
v~mulatTve adverse environmentai fmpact due to the approval of this Negative
Declaration since the Anahetm ~eneral Plan designaCes the subJect property for medtum
density residential tand uses corrmensurate Nith [he proposal; tha[ no sensTtive
environmental lmpacts are Involved in the proposal; that the Initial Study submitted
by the petittoner Indicates no significant Indlvidual or cumulattve adverse
env)ronmental Impacts; and that the Negative Declaration substantTating the foregoing
findings is on file ln the City of Anahelm PlannTng Department.
NON~ THEREFdRE, 9E iT RESOLVED that the Anahetm Clty Planntng Cammission
does hereby grant subJett Petttlon for Variance. upon the follor~ing conditions HhTch
are hereby found to be a necessary prerequisite to the proposzd usc of the subject
property (n order to preserve the safety and general welfare of the Citizens of the
City of A~ahelm:
1. That this Vartance is granted subJect to the completion of
ReclassTficatlon No. 79-80-12, now pending.
2. That subJect property shall be developed substantially tn accordance
with plans and speclficatTons on flle wlth the Clty of Anaheim marked Exhiblt Nos. t~
2 and 3.
BE IT FURTHER RESOLVED that the Anahelm City Planning Commlssion does hereby
find and determine that adoption of this Reselution Is expressiy predTcaied upon
applicant's canpliance with each and ail of the condttlons heretnabove set forth.
Should any such cendition~ or any part thereof~ be de~lared invalld or une~forceable
by the filnai Judgment of any court of competent Jurisdictlon~ then this Resolution.
and any approvals herein con4ained~ shall be deemed null and void.
-2- PC79-193
~~
THE FOREGOING RESOLUTION Is slgned and approved by me this 24th day of
September, 1979.
i'G`~. l,~. _.. ~ ~o..~n„t,N.~
H , N HE M Z`-ITY~T ANHIpG COMHiSTN
ATTEST:
~~. .~ ~~
S~r~€T ~ t A IM Y LANN I G C HM 310N
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF A~~AHEIM )
1~ Edith L. Narris. Secretary of the Anaheim City Planning CommTsslon, do
hereby certify that the foregoing resolution aas passed and adopted at a meeting of
the Anaheim Clty Planning Commission held on Septanber 24~ 1979. by the followtng
vote of the mdnbers thcreof:
AYES: COHMISSIONERS: BARNES, BUSHORE~ DAVID~ FRY~ HERBST, KING. TOLAP.
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN uiTNE55 IrHEREOF. I have hereunto set my hand chis 24th day of September~
1979.
SECRETARY, 1~NAHE I~~PLAtIN I NG COMM~ ON
-3- PC79-193