PC 81-259WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Variance from TERRA FIRMA PROPERTIES INC., 438 E. Katella,
Suite 209, Orange, California 92667, owners, and INVESTORS DEVELOPMENT OF
ORANGE COUNTY INC., 1345 N. Grand Avenue, Santa Ana, California, 02701, agent,
of certain real property situated in the City of Anaheim, County of Orange,
State of California, described as follows:
The land referred to in this Report is situated in the State of
California, County of Orange, City of Anaheim, and is described as
follows:
PARCEL 1:
Parcel 2, as shown on a lot line adjustment plat no. 75, recorded
in book 13913, pages 1132 and 1133, official records, in the
office of the county recorder of said county.
PARCEL 2:
RESOLUTION NO. PC 81 -259
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3241 BE GRANTED
Parcel 2, as shown on a parcel map no. 81 -238 recorded in hook
145, pages 37 to 38, inclusive of parcel maps, in the office of
the county recorder of Orange County, State of California.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 14, 1081, 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; 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 waivers of the following to construct a
one -lot, 14 -unit residential condominium subdivision;
(a) SECTION 18.31.061.012 - Minimum lot area per dwelling unit.
(3000 sq. ft. required; 2804 sq. ft. proposed)
(b) SECTION 13.31.063.030 - Minimum recreational /leisure area per dwelling unit.
1000 sq. t, required; 20 sq. t, proposed
2, That the above - mentioned waivers are hereby granted on the basis that
the petitioner demonstrated that a hardship exists due to the Irregular shape of the
property and that the requests are minimal amounting to less than a 7% and 18%
deviance from code,
3. 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,
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 one person 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 reclassi y subject property from the CG (Commercial,
General) Zone to the RN-3000 (Residential, Multiple-Family) Zone to establish a one-
lot, 14-unit condominium subdivision with waivers of minimum lot area per unit and
minimum recreational /leisure area per unit on an irregularly-shaped parcel of land
consisting of approximately 0.9 acre, having a frontage of approximately 180 feet on
the south side of Wilken Way, approximately 430 feet east of the centerline of Harbor
Boulevard; 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 ®11, now pending.
2. That subject property shall he developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Revision
No. 1 of Exhibit Nos. 1 and 2.
BE IT FARTHER 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, he 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 14th day of
December, 1981.
ATTEST:
SECRETARY, ANAHEIM CITY •` ANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
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
1931.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of December,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION