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PC 79-32P,ESOLUTION N0. PC 79'32 A RESOLUTION OF THE A4ANEIM CITY PLANNING CO'IMISSION THAT PE7ITION FOR VARIANCE N0. 3076 BE DENlED WttEREAS~ the Anahelm City Planning Lommissi~n did receive a verified Petitlon for Variance from ROgERT D. ETCHANDY, ET AL, 2800 South Maln Street, Santa Ana, California 927~7, o-Ters. and ELDEN BAINBRID~E, 2500 South tiain Street, Santa Ana. Californla ?27~7, agent, of cer[ain real property situated in ihe C1ty of Anaheim. County of Orange, St~te of Californ(a described as: PARCEL 1: THAT PORTION OF THE NORTHWEST ~UARTER OF FRACTIONAL SELTION 4, TOilNSHIP 4 SOUTH. RA1~GE 9 WE57 OF THE SAN BERt1/~R01N0 MERIDIAN. IN THE CITY OF ANAlIEIr. COIINTY OF ORAHGE, STATE OF CALIfORNIA~ AS PER THE OFFICIAL PLAT OF SRID LAIID FILED 1-1 7HE DISTRICT LAND OFFICE, OESLRIBE7 AS FOLL04f5: BEGIy41N; AT THE SOUTHWEST CORNER OF THE NORTHIJEST QUARTER Of SAID SECT10~1; THENCE t10RTH 2° 16' 3~" EAST 789 .50 FEEf ALONS THE WEST LINE OF SAID SECTION 70 A POINT 1~1 THE SOUTH LINE OF THE LA~JD GONYEYED 70 PETER ALLEC, JR. and RODERT JOHN ALLEC 9Y DEED RECO4DED MARCl1 2, 192a IN BOOK 1~+0 PAGE 93 OF OFFICIAL R~CORDS. PRODUCEO ~1ESTEP.LY, 541D POINT BEIIIG ALSO IN THE HESTEP,LY EXTENSIO-I OF 7HE SOUTH LINE OF THE LFttD DESLRIBEO IN THE A;AEEMEIiT IIETk'Ef~! J. 1f, urtLLS ANn vIFE AND GEORUE LEMKE AND WIFE~ RECORDED FEBRUAR.Y 20. 1~31 IN BOOY, 450 PAGE 283 OF OFfIC1AL RECORDS; TkENCE SOUTH 88° 27' 0~" EAST 360.00 FEET PARALLEL wITH THE SOUTH L14E OF SAIO NORTHNEST QUARTER; THENCE SOUTH 2° 16' 30" WEST 784.5~ FEET TO SP.ID SOUTN LINE; THENLE NORTH 88~ 27' 00" 4-E5T 360.~0 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEG~NNING. EXCEPT THEREfROH TMAT PORTION DESCRIBED IN THE DEED TO TIiE STATE OF CALIFORNIA, RECORDED APRIL 5. ~967 IN BOOK 8216 PAGE 857 OF OFFICIAL RECORDS. SAID LANO IS INCLUDED WITHIN THE AREA SHOtiIN ON A MAP FILED IN BOOK 90 PAGE 19 OF RECORD OF SURVEYS. fN THE 6FFiCE OF Ti?E CQt2t:TY P.Et6.°.DEP. Q~ S~+f~ COUNTY. WHEREAS. che Lity Planning Commisslon did hold a public hearing at the Clty Hall ln the Clty of Anaheim o~ February 12, 1°79. at 1:30 p.m.. notice of sald public hearing having been duly given as required by law and in accordance with the provisTo~s of [he Anaheim Munlcipal Code, Chapter 18,03. to hear and consider evidence for and agaTnst satd proposed variance and ta investigate and make findings and recommendatlons tn connection therewith; and IaHEREAS, sald Canmission. afier due t~spectTon~ investigation and study made by ltself and tn its behalf, and after due consideratlon of al~factsence and repor[s offered at said hearing, does find and determT~e the folla+tng 1. That the pe[ttioner proposes a waiver of the foilowing to es[ablTsh a 3-lot Tndustrlal subdivtsion: SECTION 18.01.130 - Re ulrement [hat all loCS abut a ublTc street. 2 ots w thout street ~ontage proposed PC79-32 2. That the proposed waiver is here6y denied on the basTs that if the property were subd(vided as proposed~ Tt would not be sultable for typical Tndustrial users because access v+ould be along an easement. that there are no spectal circumstances appiicabla to the property. including size~ shape, topography, location or surroundings. which do not appiy to other property under identtcal zonTng classification tn the vicinity; and [hat strict application of the zoning code dces not deprive the property of privlleges enJoyed by other property u~der identtcal zoning classtficatlon Tn the vicinity. 3. That [here are no exceptional or extraordinary clrcumstances or condlttons applicable to the property involved or to the tntended use of the property that do not apply generally to the property or class of use In the same vicinTty and zone. 4. That the requested varTance is not necessary for the preservatton and enjoyment of a substantial property rlght possessed by oiher property (n the same vicinity and zone~ and denled to [he property tn questton. 5. That the requcs[ed var(ance wtll be mate~talty detrimental to the pubitc welfare or injurious to the proper[y or Improvements in such vtcinity and zone In Nhich the property Ts located. 6. That no one indlcated thefr presence at said public hea~ing in opposttion; and that no correspondence was received In opposition to the subJect petition. ENYIRONMENTAL IMPACT FINOING: The Pianning Dtrector or his authorized rep~esentat ve has etern~ ned that the prooosed nroJect falls wtthin the definitlo~ of Categorical Exempttons, Class 5. as defined tn Paragraph 2 of the Clty of AnaheTm Environmental Impact Report Guidellnes and is. therefore. categorically exempt from the requirement to prepare an EIR. NOW, TNEREFORE, BE IT RESOLVED that the Anahetm City Planntng Comnission does hereby deny subject Petitton for Variance on che basis of the aforementioned findings. THE FOREGOING RESOLUTION Is signed and approved by me this 12th day of February~ 1979. ,• N N MM S N ATTEST: 3ECRETA ~ NANEIM CIT L~ COMMISSION '2' PC79°32 STATE OF CALIFOaNIA ) COUtJTY OF ORANGE ) ss, CITY OF ANAHEIM ) I~ Edith L. Harrts. Secretary of the Anaheim Ciiy PlannTng CammTsslon, do hereby certify that the foregoTng resulution was passed and adopted at a meeting of the Anahelm City PlannTng Cortmisslon held on February 12. 1979~ at 1:30 p.m.~ by the foilowing vote of thc members thereof: AYES: COMMISSIONERS: BUSHORE, HERBST~ JONNSON~ KING NOES: COMMISSIONERS: BARNES~ DAVID, TOLAR ASSENT: COMMISSIONERS: NONE ~979. IN WITNESS NHEREOF~ ! have hereunto set my hand this 12th day of February~ G ~1~ .~ ~1~A~+.~..~ ~ELRETAR ~ ANAHEIM CITY PLANNING COMMISSION -3- Pt79-32