PC 79-94. _~
RESOLUTION N0. PC79-94
RESOLUTION OF THE A1lAHEIH G1TY PLANI~ING GOMMISSIQN
TNAT PE7ITION FOR VARIANCE N0. 3098 ~E GRANTED
WHEREAS, the Anaheim Gity Planning Commission did receive a verified
Petition for Variance fran JAY J. NALL, ET AL, 1345 Nor[h Grand Avenue, Santa Ana,
California 927~1, owners. and R{1NDALL W. BLANLHARD, 16371 Beach Boulevard,
Huntington Beach, California 92647~ agen[, of cer[ain real property sttua[ed in
the C(ty of A~aheim, County of Orange, 5tate of Lalifornia, descr(bed as:
The North 346.00 feet of the East half of the Northeast quarter
of the Southeast quarter of Seetion 12, Township k South, Range
11 West, in the Rancho Los Coyotes, as shown on a Map recorded
in book 51, Pa9e 11 of Miscellaneous Maps in the office of the
Lounty Recorder of Orange County, California. Except the
Westerly 75.00 feet of the Easterly 242.5~ feet of the Northerly
120.00 feet thereof. Also excep[ the South 125.00 feet of the
East 270.00 feet thereof; and [he Wesi 75.00 feet of the East
242.50 feet of the Nor[h 120,00 fect of the Northeast quarter of
the 5outheast quarter of Sectton 12, Township 4 South, Range 11
West, in the Rancho Los Coyotes, as shown on a nap recorded in
Book 51. Page il of Miscellaneous Maps, in the office of Che
County Recorder of snid Lour*y.
WNEREAS, the City Planning Gommission did hold a public hearin5t at the
Ci[y Hal) in [he City of Anaheim on May 21, 1979, at 1:30 p.m•, natice of said
public hearing having been duly given as required by law and in accordance with
the provisions of ihe Anaheim Municipal Code, Chapter 18.03, to hear and consider
evfdence for and against said proposed variance and eo investigate and make ft~d-
ings and recommendations in connection Lherewith; and
WHEREAS, said Commission, after due inspection. investigatfon and study
made by itself a~d in its behalf. and aftAr due consideration of all evidence and
reports offered at said hearing, does finci and determine the follawing facts:
i. That the petitioner proposes a waiver of the following to establish
a one-lot, 44-unit, RN-3000 (Residentlal, Multiple-Family) 7.one condominium
subdivislon:
SECTION 18.31.062.012 - Maximum buildin hei ~ht. (One stor
perm tted with ~ 15~ Te~t o RS-A-i3,000
zoning; two stories proposed)
2, That the above-mentioned waivcr is hereby granted on the basis that
[he petitioner de•.monst~ated that a hardship exists in that the RS-A-43,000 zoned
property lying souChwest of subject property is designated for medium density
residential land uses by the Anaheim General Plan and will be ultimately zoned
fo~ multiple-family res(dences.
3, That there are exceptional or extraordinary circumstances or
condttions applicabie to the prope rty involved or to [he intended use of the
property that do not appiy generally co the property or class of use in the same
vicinicy and zone.
Pt79-94
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b. That the requested variance is necessary for [he preservation and
enjoyment of a substantial property right possessed by other property in the
same vicin(ty and zone, and denicd to the property in question.
5. That the reques[ed variance wi11 not be materially detrimental to
the pubiic welfare or (nJurious to the property or improvements in such vicinity
and zone in which the p~oper[y is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition [o the subJect
petition.
ENV~RONNENTAL ~MPACT F~~IDING: That the Anaheim City Planning Lommission
has reviewed Yhe proposal to reclassify subject property from the RS-A-43.000
(Residential/Agricul[urai) Zone to the RM-3000 (Residen[Ial, Multiple-Family) Zone
with wafver of maximum building height to establtsh a one-lot, 44-unit, RM-300Q
(Res(dential, Multiple-family) Zone condaninium subdivislon on an irregularly-
shaped parcel of land consisting of approximately 3.6 acres located at the south-
west corner of Crescent Avenue and Magnolia Avenue. having approximate fror.tages
of 605 feet on the south side of Lrescent Avenue and 180 feet on the west side of
Magnolla Avenue; and does hereby approve the tlegative Declaration from [he require-
ment to prepare an environmenta) impact report on the basis that there would be no
$ignificant individual or cumulat(ve adverse environmental impact due to the
approval of this Ne9ative Declaration since the Anaheim Ge~eral Plan designates the
subject property for rrediun density residential land uses commensurate with the
proposal; that no sensitive environmental impacts are involved in the proposal;
that [he Initial Study submitted by the pe[i[ioner indicates no significant
individual or cumulatlve adverse environmental impacts; and that the Negative
Declaration substantiating the foregoin5 findings is on file in ihe Ctty of Anehim
Planning Uepartment.
NOW, THEREFORE, BE IT RESOLVED that [he Anaheim City Planning Commission
dces hereby grant subJect Petition for Variance, upon the following conditions
which are hereby found to be a necessary prerequlsite to the proposed use of the
subject p roperty in order to preserve the safety and general welfare of Lhe
Citize~s of the City of Anaheim:
1. That this Va~iance ts granted suEJect to the completion of
Reclassification No. 7~-79~40, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specificaCions on file with the City of Anaheim marked Exhibit Nos.
i through 3.
BE IT FURTIiER RESOLVED that the Anaheim City Planning CommissTon dces
hereby find and determine that adoption of this Resolution is expressly predicated
upon the applicant's ccHnpliance wtth each and all of Che conditions hereinabove
set forth. Should any such condition, or any part thereof, be declared invalid
or unenforceable by the final Jud9ment of any court of competent jurisdiction,
then this Resotution, and any approvals herein contained, shall be deemed null
and void.
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l ; :~:
THE FOREGOIHG RESOLUTION is signed and approved by me this 21st day of
May, 1979•
t1 N,'A N H LI PLANt~ING COMMISSION
ATTEST:
~a,~..~ -z°. ~c~.~:.
SECRE~AR , AN H~IM CI~Y PLANN tJT G OMM STSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AtJAHE1M )
i, Edlth L. Harr(s, Secretary of the Anahelm City Planntng Cummission,
do hereby certify that the foregoing resolutian was passed and adopted at a meeting
of the Anaheim City Planning Lommisston held on May 21, 19>9, by the foilowing vote
of the members thereof:
AYES: COMMi5510NER5: BARNES, BUSNORE. DAVIO, HERBST, JOIINSON, KING, TOLAR
NOES: GOMMISSIONERS: NONE
A85ENT: COMM15510NER5: NONE
IN WfTNESS WHEREOF~ I have hereunto set rtry hand this 21st day of May, 1g79.
bt~.~ °~• ~
SECRETARY, At~ANEiM CITY PLANNiN~ COMMISSION
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