PC 80-103RCSOLUTI,n,pl i10, PC30-10?
RESOLUTIOF! OF TH[ APIAHEIri CITY PLA^iPII1dG C0~1!11SSIOP!
THAT PETITIOtI FOP, VARIA'iCE t~0. 31,6 BE GP.ANTED.
41HER[AS, the Anaheim City Planning Commission clid receive a verified
petition for Variance from E. J. CAP,ATTINI AND RITA CARATTID!I, ET AL, °47~ Terryu~ood
Road, Santee, California 92'171, orm ers, and LUIE G. ~RIAS, 9~~ South San 9abriel
Boulevard, San G~briei, California 91770, agent, of certain real property situated in
the City of Flnalieim, County of Orange, State of California, ciescribed as follows:
Beginnin9 at a point on the South line of the 4!est one-half of the
Southeast quarter of the Southeast quarter of Section 15, Toamship
4 South Range 11 4lest, S.B.(i. E!1., h61.20 feet '.Jest of the
Southeast corner of saicl bJest one-half, and runnin,y thence West
along the South line of said !dest one-half, 71F.OS feet; thence
tJorth parallel to the 1•lest line of said lJest one-half; 5q1.3G feet
to a point on the Southerly line of the right of way of the
Pacific Electric Railroad; thence Southeasterly along said right
of way line 92.3g feet; thence South parallel to the blest line of
said 1•lest one-half 535.72 feet to the point of beginninn, in the
City of Anaheim, County of Grange, State of California.
blfIEREAS, the City Planning Commission did hoid a puhlic hearing at the Ci*_y
Hall in the City of Anaheim on June 3~, 19~0, at 1:3o p,m „ notice of said public
hearing having been duly given as required by las•i and in accordance t~tith the
provisions of the Anaheim ~~lunicipal Code, Chapter 1$.l??, to hear and conslder
evidence for and against said proposed variance ancl to investigate anci mal<e findings
and recommendations in connection thereo~ith; and
WfiEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of a11 evtdence and reports
offercd at satd `te3rinr„ docs find ar,d determine thc f~ll~~~~i~o facts:
1. That the petitioner proposes 4~aivers of the foil~v~inci to construct a 1-
lot, 12-unit residential condominium subdivisiun:
(a) SECTIOPI 18.31.OG1.012 - itinimum lot area er dweiling unit.
3000 ~s uare eet required;
2~squa- re feet proposec')
(b) SECTION 12.31.062.01?. - tlaximum structural height.
~1 ~s~tor~ permitted within 150 feet of
~o~e-family residential zonin~;
2 stories propased)
(c) SECTI0~1 13.31.063.~31 - Minimum recreational-letsure area.
1000 square eet per unit re~uired;
7 t2 square eet propose~l)
2. That the above-mentioned tiiaivers are hereby granted on the hasis that
the petitioner demonstrated that a hardship exists due to the long and narrow shape
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of subject property, that denial s~ould deprive the property of privllenes enjoyed hy
ot~ier pro~erty under identical zonirg classification in t!~e vicinity, an~i that
, adjacent propcrties are desi~noterl fnr m~diu~ density reside,iti~l land uses by the
Anaheim General Plan,
~. That tliere are exceptional or er,traordinary cireumstances or eonditions
applicable to ttie property involved or to thr intended us~ of the property that do
not apply gencrally to the propc~rty or class of use in the same vicinity and zone.
1}, That thc requested variance is necessary fer the preservation and
enjoyment of a suhstantial property right possessed hy other property in the same
vicinity and zone, and denied to the property in question.
5. That tFie r~quested variance ~•~ill not be materially detrlmental to the
public welfare or lnjurious to tlie property or improvements in such vicinity and zone
in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence afas received in opposition to the subject
petition.
E6IVIROPJNENTAL IMPACT FINDIPlG: That the Anaheim Clty Planning Commission has
reviewed the proposal to reclassify sub~ect property from the RS-A-1~3,000
(Rasidential/Ayricuitural) Zone to the RF~-3000 (Residential, tlultiple-Family) 7.one to
construct a one iot, 12-unit residential condominium subdivision i•iith a~aivers of
minimun 1ot area per da~elling uni:, maximum structural hei~ht and minimum
recreational-leisure area on an irregularly-shaped parcel of land consisting of
approximately O,S acre,having a frontaae of approximately 74 fEet on the north side
of Ball Road, having a maximum depth of approximately 560 feet and being located
approximately 1120 feet o-rest of tlie ~enterline of Y.n~tt Street; and daes hereby
approve the Dlegative Declaration from the requirement to prepare an environmental
impact report on the basis that there ~tiould be no significant individual o~
cumulative adverse environmental im~act due to the approval of this IJegative
Declaration since th~ Anaheim Gencral Plan uesignates tfie sui~_ject property for medium
density residential land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial 5tuJy submitted
by the petitioner indicates no sigr.ificant individual or cumulative adverse
environmental impacts; and that the tlegative Declaration substantiating tlie foregoing
findings is on file in t,ie City of Anaheim Plannina Department.
NOl•/. THEREFORE, BE IT RESOLVED that :he Anaheim City Plann~ng Commission
does hereby grant subject Petition for Vartance, upon tfie folloUiing conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve tlie safety and general welfar^ of tl,e Citizens of the
City of Anahetm:
1. That this Variance is granted subject to the completion of
Reclassification No. 79-8~-tE2, no~•r pendin9.
2. That sut~ject property shall be developecl suhstantially in accordance
witli plans and specifications on file ~•~ith the City of AnahFir~ marked Exhtbit Nos. i
through 3.
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BE IT FURTHER R~SOLVED that the .4naheim City Planninn Commission does hereby
find and determine that adoption of this Resolution is ex~ressly predicate~ upon
appiicant's compliance t-rith eacli and all of tf~e conditions hrreinabove set forth.
Should any such condition, or any part thereof, he decl~red invalid or unenforceable
by the final judgment of any court of conpetent jurisdiction, then this Resolution~
and any approvals herein contained, shall be deemed null and void.
THE FOfiEG01h1G RESQLUTI0~1 is signed and approved by me this 3~th day of June,
19~0.
ATTEST:
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CNA I RIJOMAN, APlA4E I!1 C I TY PLAPIFI I MG C014t1 I SS I ON
~ _~~iD~
SECRETAP,Y, A(dAHE 1 N C ITY PLANM I ~IG COM"i l SS I OtJ
SiATE OF CALiFOPNIA
COUt17Y OF ORAtdGE ) ss.
C17Y OF ANAHEIFt )
I, Edith L. Harris, Secretary of the Anaheim City Planninq Cor~mission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting oi
the Anaheim City Planning Commission held on June 3~, 19?0, by the following vote of
the menbers thereof:
AYES: COMFIISSIOPlERS: BARtIES, BUSHORE, FRY, HERBST, I:IMG, TOLAR
PJOES: C011HISSIOtJERS: WQNE
ABSEPJT: C0~1?11SSIOtJERS: NUFlE
VACAHCY: 0!IE SEAT
It! WITtlESS k~FIEREOF, I have hereunto set my hand this 30th day of June, 1940.
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SECRETARY, AMAHEIM CITY PLA~JplIFI COMMISSIOM
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