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PC 81-223RESOLUTION NO. PC81 -223 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 3243 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Variance from DONALD G. HEYDENDAIIL, ET AL, 205 North Western Avenue, Anaheim, California 92301, owners, and SUN -CAL INVESTMENTS, ATTENTION: BRUCE ELIEFF, 2006 North Broadway, Suite 102, Santa Ana, California 92706, agent of certain real. property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THE SOUTH 76.1375 FEET OF THE NORTH 152.2750 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID SOUTHWEST QUARTER DISTANT THEREON NORTH 0 DEGREES 14 MINUTES 50 SECONDS WEST 360.23 FEET FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER, AND RUNNING THENCE NORTH 0 DEGREES 14 MINUTES 50 SECONDS HEST, ALONG SAID EAST LINE 304.55 FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO DAN J. HEALY RECORDED MAY 31, 1933, IN BOOK 616, PAGE 312, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 89 DEGREES 42 MINUTES 09 SECONDS WEST 596.55 FEET TO THE NORTHWEST CORNER OF SAID LAND CONVEYED TO HEALY; THENCE SOUTH 0 DEGREES 15 MINUTES 50 SECONDS EAST, ALONG THE WEST LINE OF SAID LAND CONVEYED TO HEALY, 304.59 FEET: THENCE NORTH 89 DEGREES 41 MINUTES 55 SECONDS EAST 596.46 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE WEST 300 FEET THEREOF. PARCEL 2: THE NORTH 76.1375 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, IN TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 111 THE EAST LINE OF SAID SOUTHWEST QUARTER DISTANT THEREON NORTH 0 DEGREES, 14 MINUTES, 50 SECONDS WEST 360.28 FEET FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER AND RUNNING THENCE NORTH 0 DEGREES, 14 MINUTES, 50 SECONDS WEST, ALONG SAID EAST LINE, 304.55 FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO DAN J. HEALY BY DEED RECORDED MAY 31, 1933, IN BOOK 616, PAGE 312, OFFICIAL RECORDS; THENCE SOUTH 89 DEGREES, 42 MINUTES, 09 SECONDS WEST, 596.55 FEET TO THE NORTHWEST CORNER OF SAID LAND CONVEYED TO HEALY; THENCE SOUTH 0 DEGREES, 15 MINUTES, 50 SECONDS ALONG TIIE WEST LINE OF SAID LAND CONVEYED TO HEALY, 304.59 FEET; THENCE NORTH 89 DEGREES, 41 MINUTES, 55 SECONDS EAST, 596.46 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WEST 50 FEET THEREOF. PARCEL 3: THE WEST 50 FEET OF THE NORTH 76.1375 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. &M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID SOUTHWEST QUARTER, DISTANT THEREON NORTH 0 DEGREES, 14 MINUTES, 50 PC31 -223 SECONDS WEST, 360.28 FEET FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 0 DEGREES, 14 MINUTES, 50 SECONDS WEST ALONG SAID EAST LINE, 304.55 FEET TO THE NORTHEAST CORNER OF THE LAND CONVEYED TO DAN J. HEALY BY DEED RECORDED MAY 31, 1933 IN BOOK 616, PAGE 312 OF OFFICIAL RECORDS; THENCE SOUTH 89 DEGREES, 42 MINUTES, 09 SECONDS WEST, 596.55 FEET TO THE NORTHWEST CORNER OF SAID LAND CONVEYED TO HEALY; THENCE SOUTH 0 DEGREES, 15 MINUTES, 50 SECONDS EAST ALONG THE WEST LINE OF SAID LAND CONVEYED TO HEALY, 304.59 FEET; THENCE NORTH 89 DEGREES, 41 MINUTES, 55 SECONDS EAST, 596.46 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 10, 1981, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 13,03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of November 2, 1981; and WHEREAS, said Commission, after 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 determine the following facts: 1. That the petitioner proposes a waiver of the following to establish a one -lot, 17 -unit condominum complex: SECTION 18.31.063.024 - Minimum landscaped setback. (20 feet required abutting single - family residential development; 13 and 0 feet proposed) 2. That the above - mentioned waiver is hereby granted on the basis that the petitioner demonstrated that a hardship exists due to the unusual shape of subject property and that a minimum of three (3) feet of landscaping shall be provided adjacent to the north side of the private driveway, as stipulated to by the petitioner at the public hearing. 3. That there are exceptional or extraordinay circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or calss of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation 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 will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That 15 persons indicated their presence at the November 2, 1981, public hearing in opposition; and 3 persons indicated their presence at the August 10, 1981, public hearing in opposition; and that a petition containing approximately 20 signatures was received in opposition to the subject petition. -2- PC81 -223 ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify subject property from the RS -A- 43,000 (RESIDENTIAL, AGRICULTURAL) ZONE to the RM -3000 (RESIDENTIAL, MULTIPLE- FAMILY) ZONE to establish a one -lot, 17 -unit condominium subdivision with waiver of minimum landscaped setback on an irregularly- shaped parcel of land consisting of approximately 1.4 acres, having a frontage of approximately 150 feet on the west side of Western Avenue (205 North Western Avenue); and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for medium- density residential land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this variance is granted subject to the completion of Reclassification No. 81 -82 -1, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 through 5; provided, however, that the trash storage area shown on the northern boundary line shall be relocated to the south side of the private driveway away from the single-family residential zoning to the north; that the pool shall be relocated 20 to 30 feet to the south away from the single - family residential zoning; and that the westerly 321 feet of the private street shall be reduced to 25 feet wide and a 3 -foot wide landscaped area shall be provided along the north side of said driveway, said landscaped area to be planted with Italian Cypress trees planted on 3-foot centers. 3. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit. 4. That Condition No. 2, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 2nd day of November, 1581. � 'j� g ATTEST: n 5 "° " ''°' CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION PC81 -223 7 SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 2, 1931, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 1981. IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, ittrz, ti3t/gA SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC81 -223