PC 79-201RESOLUTION N0. PC 79-201
A RESOLUTION OF THE ANAHEIM CITY PLANt~lt~r, COnMI5510~~
THAT PETIT104 FOR VARIANCE N0. 3115 BE GRANTED
WHERE/15, the Anaheim City Planning Commisslon did recelvc a verified
Petition for Vartance from BIRCH RIDGE ESTATES, 4242 Campus Orive, P. 0. Box 1668,
Newport Beach, CalTfornia 92660, ormer, and RICHARD L. OWEN, 4242 Campus Drive,
Neriport Beach, Californla 42660, agent~ of certain reai property situated tn the City
of Anaheim, County of Orange, State of Caltfornia described as:
Lots 1 to 57. both tnclusive. of Traci No. 9752, as shown on a Map
recorded in book 418, pages 34 to 38. tnclusive, of Nlscellaneous
Maps, records of 6range County, California.
WHEREAS, tfia City Planning CommissEon did schedute a public hcaring at the
City Hall in the City of Anaheim on September 10, 1979, at 1:3~ p•m., notice of said
publlc hearing haviny been duly given as requlred by law and in accordance with the
provisions of the Anaheim Municipat Code. Chapter 18.03, to hear and consider
evidence for and agatnst sald proposed varlance and :o Investigate and maka findings
and recommendatlons in connection therewlth; said pubtic hearing having been
continued to the Pianning Commisslon meeting of October 8, 197°. and
WHEREAS, said Cam~ission, after due tnspec[ton, Invesiigation and study made
by itseif and in its behalf. and after due consideration of all evtdence and reports
offered at sald hearTnq, dces flnd and determine the following facts:
1. That the petitioncr proposes a waiver of the followi~g to establish a
44-unlt, 46-lot RM-3000(SC) condominium subdivision:
SECTION 18.31.062.012 - Maximum structural heiGht.
~I sto~r perm tted w th n 150 fect of
single-famlly restdrnilal zoning;
2 stories proposed)
2. That the above-mentioned walver is hereby granted on the basis that the
petttloner demonstrated that a hardship enists in that strtct appiication of the
zoning code deprives the property of privlleges enJoyed by other htliside property
under identical zoning classificatlon tn the viclntty, said prope~tles having
signiflcant grade level differences between proposed condomirtfums a~d single-family
resTde~ces.
3. That there are exceptional or extraordinary circumstances or condittons
applicable to the property invotved or to the intended use of the property that do
not apply generally to the property ar class of use Tn Ghe same vlcTnity and zone.
k. That the requested variance is necessary for the preservatton and
enJoynent of a substanLlal propa~ty rlght possessed by othcr property i~ the same
vTcTnity and zone~ and denied to the proper2y In question.
PC79-201
5. Thac thc requested varlance will not be ma[erially detrlmen[al to [he
publlc welfare or InJurious to the propercy or improvements (n such vicintty and zone
in which the proper[y ts located.
6. Tha[ no one Indicated thelr presence at said public heartng tn
oppositTon; and that no correspondence was received in opposition to [he subject
petition.
ENVIRONMEN7AL IMPACT FINDING: That the Anahe(m Clty Planntng Commission
having rev ewe cn um No. to nv ronmental Impact Report No. 197 for Tcntative
Map of Tract Nos. 9152 (Revision No. 1) and 10800 this date and evidence, both
written and orai~ having been presen[ed to suppiement Addendum Ho. 1 to EIR No. 197~
finds that potential environmental impacts of the proJec[ may be reduced to a~
tnsignificant level by conformance with City plans~ policies and ordlna~ces and
Addendum No, 1 to EIR No. 197 ts in compltance With the Caltfornta Environmental
Quality Act and with Lity and State EIR Guideilnes and, therePore, based upon such
information, the Anaheim City Planning Commisslon certifles Addendum No. 1 to EIR No.
197.
NOW, THEREFORE~ BE IT RESOLVED thit the Anaheim Ctty Planning CommissTon
dces hereby grant subJect Pe;ition for Variance~ upon the following conditions which
are hereby found to be a necessary prerequtsite to the proposed use of the subject
property tn order to preserve the safety and general ~relfare of the Litizens of the
City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. 79-8o-t3, now pending.
2. Tha[ subJect property shali be developed substanttally in accordence
wtth plans and specifica[ions o~ flle with the CTty of Anaheim marked Exhiblt Nos. 1
through 8; provided, however, a~y modiflcattons or changes to the approved plans
shall be submitted to and approved hy ~he Planning Commission.
3. That landscaped plans~ including ap~ropriate open non-vlew obscurtng
fencTng, shall be submitted to and approved by the Ptannina C«mtceton prior Lo the
issuance of buildf~g permits.
BE IT FURTHER RESOLVED that the Anaheim City Pla~nTng Lommission does hereby
find and determine that the adoption of this Resolutton is express!y predicated upon
applicant s compliance Nith each and all of the conditions hereinabove set forth.
Should any conditio~ or any part thereof~ be declared lnvalid or unenforctable by the
finel Judgment of any cour[ of competen[ ]urisdTction, then thTs Resolutlon~ and any
approvals herein contained, shall be deemed null and void.
THE FORECQING RESOLUTION is signed and appraved by me [his 8th day of
October~ 1979.
,~'~.-~~ ~
CHAIRMAN RO EMPOR~
ANAHEtM CITY PLANNING COMMISSION
AttEST:
S~EL'~F~TAF~T ~~ OMM I SS I~N ~
2- Pt79-201
+. !
STATE OF CALIFORNIA )
COUNTY OF ORAlIGE ) ss.
C ITY OF ANAHE 111 )
I, Edith L. HarrTs, Secretary of th~ Anaheim C(ty Planning Commtssion, do
hercby certify that the foregoing resolutlon was passed ~nd adopted at a mecting of
thc Anahcim City Plann(ng Cortmtsslon hcld on October 8, 1979, at 1:30 p.m..by the
following vote of the members chereof:
AYES: COHNISSlOi~ERS: BUSHORE, DAVtD, FRY~ NERBST~ KING~ TOLAR
NOES: COMHISSIONERS: !~ONE
ABSENT: LOMHISSIQNERS: BARt~ES
I~~ W17tlE55 1rtiEREOF, I have hereunto set my hand this f:th day of Occober, 1979.
~~.~(, iC• ~~lA'.t.t.ts.
SECRE ARY~ A~7AHEIM GI(Y LANNIHG COMMISSION
-3- PC79-2ot