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PC 81-151RFSOLIITIOPI PlO. PCSI-151 RFSOLUTI011 OF TIIF AIIAI~EI"i CITY PLAN~!IIIG C~~I~tISSIOF! THAT PFTITIO~! FnR vaRIAtICF ~10. 327.~ f~C .r,n.q~ITF~ WHERF.AS, thc Anaheim City Planning C~nmission ciid receive a verified petition for Variance from LFSNY DFVEL4PME'JT C~,, P, ~, g~;~ ,52(,~ ,^,~~~ ~.~~~shire 6oulevard, Beverly Hilis, California ~OZ10, oi•mer, and f;EOR,E Fl. L.ASKY, VICE PRF.SIDE~lT, COA'fS E L/ALLACE DfVELOP~IE~JT Cp,, trir,., 8~171 Slater /lvenue, Suite 2Gf1, Huntington Beach, California 92(47, agent, of certain rcal pro~erty s`~uated in the City of Anaheim, County of Oranye, State of Californ~a, descrihed as: The tJorth 164 feet of the South ;2~; feet of tne Plorthea,t quarter of the Northeast qu3rter of the Northeast quarter of Sect(on 7..4, Township 4 South, Range 11 blest, in the Rancho Los Coyotes, i~ the Clty of Anahetm, County of Orange, State o` Caltfornia, as per map recorded ;n Bool: 51, Page 11 of ~lisceilaneous Maps in the office of the County r~ecorder of said County. GXCEPT the llest 132 feet therFOf, l~lNEREAS, the City P)anning Commission d~d hol~l a public hearing at the Civic ~°nter in the City of Anahel~;~ on July i3, 1931; at 1;zn p,m.~ ~~tice of said public hearing havin~ been duly given as required hy ia~:~ and in accordance ~~ith the provisions of the Anaheim Municioal Code, Chapter i~.~?, tn hear and consider evidence for and agalnst said proposed variance and to investic~ate and mal:e findinas and recommendations in connection there~•iith; and ~ WHEREAS, satd Commission, after due inspection, investiqation and study made bY itself and in fts behalf, and after due consideration of alt evidencP and reports offered at said hearinn, does find and determine the fnllow(ng facts: i, Th?' ~`,c ,=etlt+cnrr ~,ro~oses ~;iaivers of the follo~•~fnn r.o construct a 2~-lot, ?~t-unit condominium suhaiviston in the R~1-;~Otl 7.one.: (a) SECTIO~J 1F,01,13~ - Required lot fr•ontaQe. a ots required to front on a oublic street or alley; private street ronta~e propnsed) (b) SECTION 18,31,p63.02~f - Mlnimum landscaped setback. 20 eet required adjacent to single- amtly zone boundarv; none proposed 2. That the ahove-mentioned a~aivers are herehy nr~nted on the basfs that t~~P petitioner demonstrated thal a h~ardship e>:IStS ir that although adjacent propertles tn the north and so~th are zoned for sinnle-family residential development, the property to the north is developed as an electrical substation and the property to the south is developed ~•:ith a~rivate sr.hool and deniai rn:~id deprive ~'C°i-i51 subject property of a privifegc heing enjoyed by other properties in the same zone and vtcinity. 3. That there are exceptional o; extraordinary circumstances or conditfons applicable to the property involved or to the intended use of the property that do not apply ge~erally to the property or class of use in the sane vicinity and zone. 4. That the requested variance is necessary for the preser~~ation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 5. That the requested variance ~~~ill not be rnaterially detr(mental to the public welfare or injurioils to the pro~erty or im~rovements i~ such vicinity and zone in which the prope rty is located, 6, That no one indicated their presence at said public hearing in opoosition; and that no correspondence was recelved in oppos~tion to the subject petition. EIJVIRONMEFl7FlL 1~1PACT FIF1DIt;G: That the Anaheim City Planning Commissien has reviewed t e propcsa to rec assify subject property from thE RS-?: 43,0')0 (RESIDEMTIAL/AGRICULTURAL) ZONE to the P,ht-3000 (RESIDE^!1'IAL, MULTIPLF-FN~11LY) ZOME to construct a 25-lot, 2~t-unit condominium subdivision ~;~ith waivers of required lot frontage and minimum landscaped sethack on a rectangulariy-shaped parcel of land consisting of approximately 1.3 acres, having a frontane of appror,imateiy 1G1i feet on the west side of Magnolla Avenue, appror,imately 34~ feet south of the center line of Bail Road; and does hereby approve the PJegative Declaration from the requirement to prepare an environmental impact report on the basis that th~re a~ould be no significant individual or cumulative adverse environmental ir~pact due to the approval of this PJegative Declaration since the Anaheim General Plan designates the subject property for general commercial and medium density l~nd i.ises commersurate with the nronosal; thar nci annciti~~,, ~n"Pf,..,,,.,,~~~~ ~~..~~"~ u~~ ~~iVUiveu Ifl ttl0 proposal; that the Initial Study submitted by the ~etitioner indicates no significant individual or cumulative adverse envir~nrnental impacts; and that the Negative Declaration substantiating tlie for~going fi~dings is on file in the City o` Anaheim Plann(ng ~epartment. NOIJ, THEREFORE, QE IT RESOL'JED that the Anaheim City P)anning Commission does herehy grant suhject Petition for Variance, upon the foilov~ing conditions which are hereby found Co be a necessary prerequisite *o the proposed use of the subject propPrty in order to preserve tlie safety and yeneral o-ielfare of the Citfzens of the City of Anaheim: 1. That this Varianc~ is granted subject to the completion of Reclasslfication tJo, 8D-81-!i~, no~.i pending, 2. Tliat subject property s!iall l;e developed suhstantially in dccordance ~Nith plans and specificati~ns on fi~e ~iith the City of Anaheim mar{;ed Exhibit FJos. 1 through 5. -z- PC81-151 EE IT FURTHER RESOLVED that the Anaheim City Planning C:mmission does hereby find and determine tliat adoption of this Resolution is expres,ly predicated upon applicant's compliance with each and all of the conJitions hereinabove set forth. Shou~d any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of com~etent jurisdicti~n, then thls Resolution, and any approvals herein contained, shall he deemed null and void. THE FOREGOIPlG RESOLUTIO`I is signed and approved by me this 13th day of July, 1981. ~r~~.a' R ~~~- CFI IRf1Ar1, A~JAHEIM CITY PLAN~JI~1G COMMISSION ATTES7: ~~. ,z° ~~,,.~ SECRETARY, ANAHEIM CITY PLAMMING COMMISSIOFI STATE OF CAL I FORtJ I A j COUNTY OF ORACJGE ) ss. CITY OF ANAHE111 ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, ~10 hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission helu on July 13, 1Q81, by the follot~iing vote of the members thereof: AYES: COf1MiSSiONERS: nARPaES, BOUAS, BUSHOP.E, FRY, HEREiST, IUt!R NOES: COMMISSIONERS: NOP1E ABSE~dT: COMMISSIOrJEP.S: TOLAR ~" ~„}T;1CSS :,';~C"~0~, i ~~ava I~~r~uni:u sCL iuy nanu ~iiis iiL'n uay oi" Juiy, ~yci. ~~. ~ ~,~ SECRETAP.Y, AMAHEIPI CITY PLA~JNING COHMISSION ••3- PC81-151