PC 81-257RESOLUTION N0. PC 81 -257
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3246 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from FRED L. STEVENS, ET AL, 3180 Frontera Street,
Anaheim, California 92806, owner, and ANACAL ENGINEERING COMPANY, P.O. Box
3663, Anaheim, California 92803, agent, of certain real property situated in
the City of Anaheim, County of Orange, State of California described as:
The land referred to in this report is situated in the State of
California, County of Orange and is described as follows:
Tentative Tract 10624, being a subdivision of the following
described land:
PARCEL A: Parcel 4 as shown on a map recorded in Book 75, Pages 1
and 2 of Parcel Maps, records of Orange County.
PARCEL B: Those portions of lots 8, 13, 14 and 15 of Tract No.
117, as per map recorded in Book II, Page 15, Miscellaneous Maps,
records of said Orange County, described as follows:
Beginning at the Northwest corner of Lot 4 of said Tract No. 117;
thence South 0 degrees 33° 00" East 324.97 feet along the Easterly
line of said Lot 14 to an angle point; thence South 23 degrees
00'00" East 289.55 feet along the said Easterly line to an angle
point; thence South 59 degrees 22' 30" East 107.00 feet along said
Easterly line and its Southeasterly extension to the Southerly
corner of said Lot 4, being also the most Easterly corner of said
Lot 8; thence following the Southwesterly line of the land
described in Parcel 1 of the deed to Maxam Farms, recorded July 2,
1947, in Book 1535, Page 117, Official Records, the following
courses and distances; South 60 degrees 39 30" West 23.0q feet,
South 87 degrees 53'20" West 106.12 feet, North 69 degrees 55' 30"
West 313.46 feet to the Southeast corner of said Lot 13, North 6
degrees 40' 50" East 120.63 feet to a 1 1/2" iron pipe, North 47
degrees 40' 40" West 76.17 feet to a 2" x 2" redwood stake; thence
North 61 degrees 43 00" West 191.44 feet along the next course of
said line of Maxam Farms and its Northwesterly extension to a 2"
iron pipe at the intersection of the said Northwesterly extension
with that course of the said deed described as "North 1 degree 43°
West 199.37 feet "; thence along last said course North 1 degree
43' 00" West 114.82 feet to an iron pipe marking and Easterly
terminus of the course described as "North 87 degrees 43° West 68
feet" in said deed; thence leaving said Maxam Farms lie North 67
degrees 27' 52" East 461.33 feet to the point of beginning.
Said land is included within the area shown on a map recorded in
Book 17, Page 3, Record of Surveys, in the office of the County
Recorder of said Orange County.
PARCEL C: Those portions of Lot 13, 14, 15, and 16 of Tract No.
117, in the County of Orange, State of California, as per map
recorded in Book 19, Page 15 of Miscellaneous Maps, in the office
of the County Recorder of said County, described as follows:
Beginning at a point on the Southwesterly line of the land
described as Parcel 1 in the deed to Maxam Farms, recorded July 2,
1947, in Book 1535, Page 117 Official Records, North 87 degrees
43' West 31.05 feet from an iron pipe marking the Easterly
terminus of that certain course cited as "North 87 degrees 43'
West 68.00 feet" in said deed; thence along said Southwesterly
line of Maxam Farms the following course: South 87 degrees 43'
East 31.05 feet to said iron pipe, South 1 degree 43" East 114.82
feet to a 2 inch iron pipe set at its intersection with the
Northwesterly prolongation of that course described in said deed
as "North 61 degrees 43' west 138.93 feet "; thence along said
Northwesterly prolongation and course South 61 degrees 43' East
191.44 feet to a 2" x 2" redwood stake, South 47 degrees 40' 40"
East 76.17 feet to an iron pipe, South 6 degrees 40' 50" West
120.63 feet to the Southeast corner of said Lot 13' thence leaving
said Southwesterly line of Maxam Farms and along the Southerly
line of said Lot 13, the following courses; South 69 degrees
10'30" West 164.24 feet, South 4 degrees 09' 20" West 20.00 feet,
South 58 degrees 28' West 133.32 feet, North 77 degrees 45' 30"
West 276.43 feet, North 52 degrees 09' West 253.91 feet, North 25
degrees 56' West 75.40 feet; thence leaving said Southerly line of
Lot 13, North 71 degrees 42' East 379.06 feet; thence North 53
degrees 15' 06" East 208.39 feet to the point of beginning.
Except that portion thereof described as follows: Beginning at an
iron pipe in the Southwesterly line of the land described in
Parcel 1 of the deed to Maxam Farms, recorded July 2, 1947, in
Book 1535, Page 117 Official Records, said pipe marking the
Easterly terminus of the course described in said deed as "North
87 degrees 43' West 68.00 feet "; thence along the said
Southwesterly line South 1 degree 34" East 114.82 feet to a 2 inch
iron pipe which is the true point of beginning; thence continuing
along said South esterly line South 1 degree 43' East 84.55 feet
to an angle point, North 36 degrees 17' East 73.94 feet to the
Northwesterly terminus of the course described in said deed as
"North 61 degrees 43' West 138.93 feet "; thence North 61 degrees
43' West along the Northwesterly prolongation of last said course
to the true point of beginning.
Also except that portion thereof lying Westerly of the following
described line:
Beginning at a point on the Southwesterly line of the land
described as Parcel 1 in the deed to Maxam Farms recorded July 2,
1947, in Book 1535, Page 117, Official Records, North 87 degrees
43' 00" West 31.05 feet from an iron pipe marking the Easterly
terminus of that certain course cited as "North 87 degrees 43'
West 68.00 feet" in said deed, being also the most Northerly angle
point of the land described in Parcel 1 of a deed of trust
recorded May 28, 1959, in Book 4733, Page III, Official Records;
thence South 53 degrees 15' 06" West 78.39 feet along the
Northerly line of said land so described, to the true point of
beginning; thence South 1 degrees 43' East 311.30 feet; thence
South 61 degrees 43' East 165.01 feet to angle point in the
Southerly line of said Lot 13.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 14, 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 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; 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
13 -lot, RS- HS- 22,000(SC) (Residential, Single- Family, Hillside - Scenic Corridor
Overlay Zone subdivision:
SECTION 18.23.061.010 - Minimum lot area.
(19,000 sq. ft. net area required; 2 lots of
16,016 sq. ft. and 17, sq. ft. proposed)
2. That the above - mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that there are special
circumstances applicable to the property such as size, shape, topography, location or
surroundings, which do not apply to other identically zoned properties in the
vicinity; and that strict application of the Toning Code deprives the property of
privileges enjoyed by other properties under identical zoning classification in the
vicinity; that a secondary access is required by the City of Anaheim Sanitation and
Fire Departments to provide services to the existing and proposed residences, and
that the gross lot area meets code.
3. That there are special circumstances applicable to this project,
including size, shape and location, which do not apply to other property under
identical zoning classifications in the vicinity. Lot Nos. 0 and 10 will be reduced
in size by a private road allowing fire and sanitation collection for the benefit of
all surrounding properties.
4. Because of these special circumstances, fully described in the record,
a strict application of the Zoning Code would deprive the property of privileges
enjoyed by other property in the immediate vicinity under identical zoning
classifications (RS- HS- 22,000(SC)).
5. The variance action does not significantly affect the project's
consistency with the general land uses described in the general plan, and the
Planning Commission's interpretation of that policy guide. The general plan findings
for the tentative tract are incorporated herein by this reference.
6. That the granting of this variance does not authorize a use in conflict
with the use or uses authorized in the area. The variance will permit a use
consistent with surrounding land uses to the west, north and east, and undeveloped
property to the south.
7. That there are exceptional or extraordinary 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 class of use in the same vicinity and zone.
8. 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.
9. 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.
10. That four persons indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to establish a 13 -lot, RS- HS- 22,000(SC) (Residential, Single -
Family, Hillside - Scenic Corridor Overlay) Zone subdivision with waiver of minimum
lot area on an irregularly- shaped parcel of land consisting of approximately 7.3
acres, having a frontage of approximately 127 feet on the north side of Martella
Lane, approximately 850 feet east of the centerline of Martin Road; 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
hillside estate density 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 subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No.l.
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.
-4- PC81 -257
THE FOREGOING RESOLUTION is signed and approved by me this 1 day of
December, 1981.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE O F C A L I F O R N I A )
COUNTY OF ORANGE ) sse
CITY OF ANAHEIM )
CHAI•MAN, ANAHEIM CITY PLANNING COMMISSION
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 December 14, 1981, 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 14th day of December,
Ae_d.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION