PC 79-42RESOLUTION N0. PC 79-42
RESQLUTION OF THE ANAHEIN CITY PLANNING C0~IMISSIAN
TfiAT PETIT10~7 FOR VARIANCE N0. 3078 BE GRANTED
WHEREkS, t~~e Anaheim Cfty Plannin9 Commission d(d receive a vertfitd
Petition for Variance from DOU~LAS A. GJERSVOLD, ET AL~ 9219 Via Vista Drive, Buena
Park, California 90620, owner of certain real property situa[ed in the CiCy of
Anaheim, Lounty of Orange, State of California, described as:
That portion of the Sou[hwest quarter of the Sou[hwest quarter of
Section 31, Township 3 South, Range 8 West, S.B.B. b M., described
as follows: Beginning at a potnt in the -~orth line of Lot ii
Tract No. 117, as shown on a Map recorded in Book 11, Page 15 af
Miscellaneous Haps, records of Orange County, California, said
poin[ being the most Easterly corner of [ha[ certain parcel of
land descrtbed in Bcw k 2101, Page 327 of Official Records, which
is distan[ South 39a 59' 20" West 1.~0 feet from thc Northeast
corner of said Lot 11; thence North 450 40' 00" uest along the
~~ortheast line of said certain parcel to the Sou[heas[erly line of
tha[ cer[aln parce) of land described in the Deed to tFe State of
California dated June 21, 1952 and recorded June 27, 1952 in Book
234?, Page 334 of Offic(al Records; thence -iortheasterly alan9
safd Southe~sterly line to the Westerly line of Lot 12 of sa(d
Tract No. 117; thence Southeriy alony said Westerly line and its
Southerly prolonqation to the Northeast corner of said Lot 11;
thence South 89~ 5?' 20" Nest 1.4~ feet [o Chc point of beginning.
WHEREAS, the Ci[y Plannfng Ca~xnission did
Hall in the City of Anaheim on February 26, 1979, at
hearing havin9 been duly given as required by
provisions of the Anahei~ Municipal Code, Chapter
eviJence fcr and agalnst saiu proposed variance and
and recommenda[ions 1n connection therewith; and
ioid a public hearing ac the City
1:30 p.m., notice of said public
law and in accordance with the
13.~3, to hear and consider
co investigate and make findings
NHEREAS, sald Commission, af[er due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determtne the followin9 facts:
1. That the petitioner proposes a waiver of the following to establish a
3~lot~ RS-HS-22.000(SC) subdivision:
SECTIOP! 18.23.061.010 - Minimum lot area.
22 000 s uare eet required;
20.290, 20,1 and :0,072 square feeL proposed)
2. The proposed watver is hereby granied on the basis that there is an
existing off-site road which kill provide access to the proposed parcels and Chat
typically such private access would be on-site and could reduce the useable oarcel
size to 19,000 square feet which is smaller than the proposed parcel sizes and that
the preceding is a spectal clrcumstance whtch does not apply to other property under
identical zoning classification in the vicinity.
Pt79-42
3. That there are excepilonal or extraordinary circumstances or conditions
applicable to the property involved or to the in[ended use of the property that do
not apply 9enerally to the property or class of use (n the same vicinity and zone.
4. That the requested variance is necessary for the preservation and
enjoyment of a subs[an[tal property rtght possessed by other prcperty in the same
vicinity and zone, and denied to the property in question.
5, That the requcsted variance will not be matertally detrinental to the
public welfare or injurious to the proper[y or improvements tn such vicinity and zone
in which [he property is located.
6. That no one indicated their presence at said publlc hearing in
oppositton; and that no correspondence was received in opposition to the subject
petition.
ENVIROtJMEtITAL IMPACT FINDIt~G: That the Anahelm City Planning Cormission has
revieweJ [he proposa to rec ass ~y su6jectproper[y from [he County of Orange 80AR-
10,000 (A9ricultural/Residentiai) Zone to the City of Anahelm RS-HS-22,000(SC)
(Residential, Single-Family Hillside-Scenic Lorridor Overlay) Zone to establish a 3-
lot subdivision wlth waiver of minimum lot area on an irregularly-shaped parcel of
land consistln9 of approximately 1.4 acres, having a frontage of approximately 270
feet on the southeas[ side of Santa Ana Canyon Road, having a maximum depth of
approximateiy 440 feet, being located approxinatelY ~~nE fcet northeast o~ thc
centerline of Mohler Orive artd docs hereby approvc che Negative Declaration from thc
requirement to prepare an environmen[al impact report on the basis thac there would
be no significant individual or cunulative adverse environnental impact due to the
approval of this Negative Declaration since the Anaheim General Plan designates the
subJect property for hiliside estate densicy residential land uses com:nensurate with
the proposal; that no sensitive environmental impacts are involved in the proposal;
that the Initial Study submitted by the pe[itioner indlcates no sfgnifieant
individual or cunulat(ve adverse environmen[al tmpacts; and that the Negative
Declaration substantiating the foregoin9 ftndings is on fiic in thc City of Anaheim
Pfanniny Departnent.
~IOW, TI?EREPOP,E, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Varlance. upon the following conditions whfch
are nereby found ta be a necessary prerequisite to the prapased use of the subjec[
property in order to preserve the safe[y and aeneral welfare of the Cittzens of the
Lity of Anaheim:
1. That this "~rfance is granted subJect to the completion of
Reclassification No. 78-79-, , now pending.
2. That the owner(s) of subject property shall pay the traffic signal
assessmen[ fee (Ordinance No. 38~6) amounting to 53~.00 per each new dwelling unit
prior to the Issuance of a building perni[.
3. That sub_ject property shall be deveioped substantlally fn accordance
with plans and speciftcatlons on fitle with the City of Anaheim marked Exhibtt Ho. 1.
8E IT FUP,THER RESOLyED that the Anaheim City Ptanning Lommisslon does hereby
find and determine that adoption of this Resolution is expressly p~edlcated upon
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applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condttlon, or any part thereof, be declared invalid ~r unenforceabte
by the final Judgment of any court of co~petent Jurisdict[on~ [hen this Resolution~
and any approvals herei~ contained, shall be deemed null and void.
THE F04EGOI~IG RESOLUTIOtI fs signed and approved by me ttiis 26th day of
February. 1979.
CHAIRNAN~ ANAHE M ITY LANNING CO!1MISSION
ATTEST:
~~~ ~
SECRETARY, ANAHEIM C Y P~l1NNING COMNISSION
STATE OF CALIFORNIA )
COUNTY OF OHANGE ) ss.
CITY OF ANAtiE1H )
1~ Edith L. Harris, SecreLary af the Anahein City Planning Commisslon, do
hereby cer[ify chat the foregotng resolution was passed and adopted at a meeting of
the Anahein City Planning Commission held on February 2S, 1979, at 1:30 p.m.. by the
following vote or the menbers thereof:
AYES: COHHISSIOFIERS: BUSHORE, DAVID, NERDST~ J7HNSON, KING, TOLAR
NOES: COMMISSIONERS: BARNES
ABSENT: COMMISSIONERS: NONE
1979.
IN WITNE55 UtiEREOF, 1 have hereunto set my hand this 26th day of February.
`~s~~.. .t.° ~-L~:
SECRE ARY~ ANAHEIM CITY PLANNING COHHISSION
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