PC 79-3RESOLUTION N0. PC 19-3
RESOLUTION OF THE ANAHEIM CITY PLANNIt~G C0~IMISSION
Tf1AT PETITIOt7 FOR VARIAYCE ND. 3057 BE GRANTED
NHEREAS. the Anaheim Clty Planning Commisslon did receive a verlfTed
Petition for Varlancc from TEXACO AI~AHEIM HILLS, INC., 38~ A~aheim Hills Road.
Anaheim, California 92807. owner, and INNOVATIVE OEYELOPNEHT CONCEPTS, 17942 Sky
PARK. Suite "N". Irvine, Caiifornia 9271~, agent, of certain real property situated
in the City of Anaheim. County of Orange, State of California described as:
Tha[ portion of the land allotted to Paula Peralta de Oominquez,
as described in the Ftnai Decree of Partition of the Rancho
Santiago de Santa Ana, which was entered September 12, 1868 in
book "8", page 410 of Judgements of the Distrlct court of Los
Angeles, described as follows: Begtnning at an angle point in the
boundary of Parcel 1 of the land shovm on map `tled in book 101.
pages 47 and 46 of Parcel Haos of Orange County, Laiifornia, said
point being at [he SouthWesterly terminus of the course shovm as
"N 25° 39' 29" E 218.93 fc."; thence along said boundary ttne North
25° 39' 29" East 218.93 feet, South 50° 18' 47" East 36.31 feet,
Southeasterly alorg a tangent curve concave Northeasteriy having a
radius of 277.OU feet ihrough a central angle of 17° 16' 12" an arc
distance of 83.4? feet, North 1.2° 25' 01" East 175.z9 feet, North
5p~ 18' 47" 41est 7~+.98 fe~t. North 3°O ~~' 24" East 128.69 feet,
North 1Q° 13' 15" West 115.43 feet, North 33° ~+7' 12" East 163.Eu
feet. North 25~ OS' O1" West 268.41 feet to an angle poi~i in the
most Southe-rsterly line of Tract ~~o. 10031, as shovm on a map
recorded in Eook 428. pages 27, 28 and 2~ of Miscellaneous Maps,
records of said Orange County; thence along said most
Southeasterly line North 53° 26' >>~~ East 217.21 feet to the
So~tiiwesterlv lfne o£ a'!ap filed In book 120, oaaes 25 and 25 of
said Parcel Maps; chence along [he Southwesterly, Southerly and
Southeasterly boundary line of said Map. South 5~° ~°' ~9" East
216.17 feet. North 83° 05' 39" East 162.18 feet, Sou[h :9° 17' 06"
East 104.62 feet, South 46° 47' 04" East 4?,83 feet, anc North 490
32' 25" East 1~0.00 feet; chence ~ontinuing Horth 49° 32' 25" East
21,16 feet; thence South 68° 34' 18" East 142.31~ fee[; Thence
North 89° 37' 12" East 151.00 feet; thence North 57° Z~' S~" East
173,68 feet to a point in a non-tangent curve c.~ncave
Northeasterly having a radlus of 800.00 feet. a radial lin.: of
said curve passing through said point bears South 48~ 00' 27"
Nest, said point also being in the centerline of Noht Ranch Road
as shown on a Map filed in book 57, page E of Parcel maps; thence
along said centerline Southeas:erly along sald curve 90.-+4 feec
through a central angle of 06~ 28' 39": thence continutng along
said centcrline and the Southeasterly prolongatlon thereof~ South
48° 28' 12" East 496.53 feet to the Northerly line of the Southern
California Edison right of way described in document reco~ded i~
book 8824. page 19 of Officlal Records of said Orangs Lounty;
thence along sald Northerly !ine South 69~ 25' 44" West 45~+.95
PC79-3
feet, South 72° 24' S0" Nest 718.69 fect and South 72° 24' S2"
Wcst 740.27 feet to the point of beginni~g.
11HEREAS, the Clty Plenning Commisslon did schedule a public heartng at the
City Hall tn the Cicy of Anaheim on January 3, 1979, at 1:3e p.m.. notlce of satd
public hearing having been duly given as requ(red by law and in accordance with the
provisTons of the Anaheim Municipal Code, Chapter 18,~3~ to hear and consider
evidence fo~ and agaTnst said proposed varlance and to Tnvestlgate and make findings
and reconmendatlons in connection therewith; said public hearlna having been
continued to the Planning Commission meeting of November 20. 1979, and
WHEREAS, said Commission. after due inspection, investlgatlo~ and study made
by itself and in its behalf, and after due consideratlon of all evidence and reports
offered at said hearing~ does find and detcrmine the following facts:
1. That the petitioner proposes a walver of the following to construct a
two-lot, 37-unit condomTnlum subdiviston:
SECTION 18.31.060.012 - Maximum structural hci ht.
One story permitted within 15~ feet of
res dential zoning; ttio s:or(es proposed)
2. That the above-mentioned waiver is hereby granted on [he basis that the
petitioner demonstrated that a hardship exists in that thc hilly topography of
subJeci property timits the view of the pronosed structures from the adJacent single-
family residences to the west and northwest because subJect property is substantially
below the grade of the adJacent propertfes and the roofs of the proposed structures
will bc 14 to 25 feet below the grade of sald adjacent properties.
3. That the proposed waiver Is granted for an 87-u~tt condominlum
subdivision as shown on revised p1a~s submitted by the petitioner (ortgtnal plans
shoo-+ed 9° unlts).
4. That there are exceptional or extraordtnary circumsiances or condttTons
applfcable to the property irtvolved or to the intended use of the property that do
not apply generally to the praper[y or class of use in the same vicinity and zone.
5. That the requested variance is necessary for the preservatlon and
enjoymen[ of a substantial property rtght possessed by other property in the same
vicinity and zone. and denied to the property tn qucstion,
6, That the requested variance wlll not be materially detrimental to the
public welfare or inJurious to the proper[y o~ improvements in such vicinity and zone
tn which the property is located.
7. Tha[ no one indicated iheir presence at said public hearing In
opposition; and thac no correspondence was recelved Tn nppositfon to the subJect
petit(on.
ENVIRONMENTAL IMPACT FINDING: That the Anahetm Ctty Planning Cortmtsslon has
~evlewed the proposa to estab ish a two-iot, 87-unit condominium subdivislon with a
waiver of maximum structural helght on an irregulariy-shaped parcel of land
consisting of approximately TI acres havTng a frontage of approximately 587 feet on
the west side of Nohl Ranch Road, having a maxim~m depth of app~oxlmately 1914 feet,
-2- Pt19-3
,~,
and bein9 lacated approximately 271 feet south of the centerline of Canyon Rim Road;
and does hereby approve the Negative Declaration from the requirement to prepare an
envtronmental inpact report on the basis that there wouid be no signtffcant
individual or cumulative adverse envtronmental impact due to the approval of this
Negattve Declaration since [he Anaheim General Plan designates the subJect property
for hiliside medium density residential land uses commensurate with the proposal;
that no sensitive environmental lmpacts are invoived in the proposal; that the
~nitlal Study submit[ed by the petttioner Indica[es no signifTcant individual or
cumulative adverse environnental impacts; and that the Negative Declaration
substantlating the foregoing findings is on ftle In the Clty of Anahelm Planning
Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Ci[y Planning Commisslon
does hereby 9rant subject Petitlon for Variance, upon the folla+ing conditlons which
are hereby found to be a necessary prerequisite [o the proposed use of the subject
property in order [o preserve the safety and general welfare of the Citizens of the
City of Anaheim:
t. That subject property shall be developed substantially in accordance
with plans and specifications on file with [he City of Anahelm marked Revtsion No. of
ExhTbi[ No. 1.
BE IT FURTHER RESOLVED tha[ [he Anaheim Lity Planning Commission does hereby
find and Jetermine ihat adoption of this Resolu[ion is expressly predicated upon
applicant's compliance Nith each and all of the conJitlons hereinabove se[ forth.
Should any such condi[lon, or any part thtreof, be declared invalid or unenforceable
by the final Judgment of any court of competent jurisdiction, then thfs Resolutlon.
and any approvals herein contalned, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 3rd day of
January. 1979.
MA ., IN Y PLANNING LOMMISSION
ATTEST:
/~ ~. ~ ~YQ~L-t«,
SECRETARY, ANANEIM CITY PLAtINING COMMISSION
STATE OF CALIFOR~IA )
COUNTY Of ORANGE ) ss.
CITY OF ANAHEIM )
I. Edith L. Harrts, Secretary of the Anaheim City Planning Commission~ do
hereby cerilfy that the forcgoing resolu[lon Nas passed and adopted at a meetTng of
the Anahetm CTty Plannino Commission held on January 3~ 1979, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES~ BUSHORE. 0l1VID~ HERBST, JOHNSON~ KING, TOLAR
NOES: COHMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREUF~ I have hereunto set my hand thls 3rd day of January.
1979• .cGi~ ~~ `~~(~ti .
SECRETARY. ANAH I.TTF ~TaR-
-3- PC79-3