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PC 81-30RESOLUTiO'I 'J0. Pf_ ~~1-;~l E~ RESOLUTION OF Tf!E l111AHFIhi CITY PLF~IIIdI~)~ C0~1~115510'! THAT PETITIO" FOR V/1RIA~lCF ~JO. ;1~6 [3E G~'!1'ITF~ tdHER[A5, tlie Anaheim City Planninn !.'ommission dicf receive a verified ?etition for Variance from CHE"YL JO H/1TL~JC~;, 1"Z1 Derhy Drive, Santa Ana, Califarnia 92705, o~•mer, anJ SUND/1Y E C0~1PA~lY/TOM "1.~TL~C1;, 1?71 Derhy Drive, Santa itna, Califernia 927Q5, agent, of certain real property situated in the City of ll~aheim, County of Or~nge, 5tate of California descrihed as: Parcel 1: The northerly 95 feet of the tlortherlv ~ acres cf the foiloa~ing: The East half of the ~dortheast quarter of the Southeast quarter of Section 1~!, in To~•,nship 4 South, Rancte il b/esc, San Bernardino Qase and Fteridian; exerting from said East Half: The Northerly 67^.4' feet thereof; Excepting fron said Northerly 95 feet.: The Easterly ~+~ feet thereof as 9ranted to the State of Califorria, by deed recorded !tarch l, 7~51, in 30~1; 2151, Page 1414~~ Official Records in the r;ffice of the Countv Recorder of said Oranye County; ~lso excepting from said ?Jortherly ~5 feet: The !Jesterly 27~ fcet thereof; and Parcel 2: The Easterly 9.~ fcet of the lJesterly ^7~1." feet ~f the IJortherly 5 acres of the foilo~•riny: ?he East one-halr of the Mortneast quarter of the Southeast quarter of Ser_ti~n 1l~, Tot:~nship ~F South, Range 11 West, 5. B. ~. &!1.: Except~nq therefrom: The IJortherly G79.46 feet ~f said Fast one-hal`; Exceptin~ rrom said Ester)y ~.5 feet: The Northerly 95 fnet; and Parcel 3: The southerly 10 feet of the ^lortherly 105 feet of the C:as[erly i jJ ieec ui i:iie n~riiieriy > acres or [ne roi io~~~ing: Tne East one-half of the 'rlortheast quarter of the Southeast quarter oF Secti on 14, To~,msh i p h Soutfi, Range 11 ldes t, 5. E3. 3, b '1.: Excepting from said East one-half: The Northerly ~;79.~~~ feet thereof. Excepting from said Southerly 1(1 feet: The_ Easte;ly 40 feet thereof as granted to the State o` California, by deed recorded March 1, 1~51, in Book 2151, Pa~e t+l~s3, Official Records, in the office of the Co~nty Recorder of said Orange Coun*_y; and Parcel 4: The IJesterly 270 feet of the tJortherly 5 acres of ~he folloo-ring: The East one-half of the Northeast quarter of the Southeast quarter of Section 14, ~~ Ta~mshio 4 South, Range 11 West, San Dernardino 6ase and tteridian; Exceptinn therefror~: The Flortherly 679.~~6 feet or said East one-half, w'NEREAS, the City Planning Corm~ission did hold a puhlic hearing at the Civic Center in the City of Anaheim on Januiry 7.~, 1931, at 1:3~ p.m., notice of said pubiic hearinn having been dulv given as required hy 1a~•i and in ~ccordance ~vith thc provisions of the llnahcim Hunicip~l Code, Chaoter 13.^.3, tc~ hear and consider evidence for aiid against said proposed variance and te investir~ate and m~i;e findings and recommendations in connection there~:~ith; and PC8t~3J b11iE'E/15, said Comnission, after duc ins~ectien, inve>tiqation an:l study made uy itself and in its behalf, and after due r_~,nsideration of all evidf~nce an:l reports offereu at said hearinn, does find and d~,terr,ine the f~llowinn facts: 1. That T.he petitioner prnposes a~•raiv,r of the follrr:~ing t~ establ~sh a 49-lot, !+1}-unit condominium suhdivision: S[CTIOt! 1 ~.01 .1 3~ -'e ui red lot frortaq^_. Al1 lots requireci to front a oublic street or alley; private s[r~et frontage nronosed) ?_, That the requr_sted r~aiv~r is hereby nrante~! or tne basis that the developer has aoreed to enter into an agreement ~•~ith the CiY.y of Anaheim pursuant to Government Code Section 5591~ to pr~vide '?5; of the units as lo~•~ or moderate income housing ~~ith appropriate resale cantrols as approved hy the City nf Anaheim. 3. That there are exceptional or extraordinary circumstances or conditions applicable *o the oroperty involved or tc the intended use of the oroperty that do not apply generally to tne prooerty or class of use in the sane vicinity and zone. 1~. That the requ~sted variarce is necessary f~r :i~e preservation and enjoyment of a substantiil property right po,sessed by other nrnperty in the same vicinity and zone, and denied tc t'ie property in question. 5. That the rcquested varianc~ v~ill not `~e materiall,v detri~n~ntal to th~ publie ~~eifare or injurious ~o the property ~~r imnrovements in such vicinity and zone in ~~hich the property is located. G. That no one indicate~l their presenc~a at said puhlie hearing in opposition; and that no correspondencr.~;~as receivr-d in o~~~siti~n to the sitbjeet rc" ,,..,,. Er~VIROtlHENT~L Ih1P11CT FUdDl~ir,: That thc Anafieim Cit~ Planninct Commission has revie~~~ed tne proposal to estahlish a~+~-lot, 4~~-unit condomin(uT subdivision w~th ~•~aiver of required lot frontage on an irregulariy-sha~ed parcPl o` land consisting of approximately ?.~37 acres, having a frontaqe of aoprnximately i~S fcet on the west side of Beach Boulevard, having a maximwn depth of approximately G13 feet and being located approximately 670 feet south of Orange Avenue (G49 Sn~rth eeach Soulevard; and does hereby approve the Plegative Decl~ration fro~o the requirr_ment to prepare an environmentai impact report on t7e hasis that there would be no significant individuat or eumulative adverse environmental impact due to the approval of this hJegative Declaration since the Anaheim General Plan desiqnates the subject orop~rty for general commercial and/or medium .'ensity residential land uses ccmmensurate with the proposal; that no sensitive environme~tal imnicts are inv~tved in th~ proposal; that tl;e Initi~l Study suhmitted by the pr-_titioner indicates no siqnificant incJividual or cumulative adverse environment~l impacts; and that the ~le9ative Declaratio~ substantiating the fore9oing ftndings is on file in t'~e City o` /lnaheim Planning Department, (JO~J, THER[FORE, ~E IT 'tESOLVFD thar thF An~heim City Plannincl Cnr~~ission does hereby grant suhject Petition for l~ariance, unon the follrn~ring conditions whfch are fiereby foL~~d to ~e a nec~ssary ,~rerequi;ite tc~ the ~?roposed use of the subject -2- PC31-30 property in order to preserve the s~fety anci general ti~~elfar~~ nf the Citizenc of the City of Anaheim: 1. That this variance is ~arante~~ suhject to approva) ~f Revision ~!o, 1 of Tentative Tract tlap PJ. 11211. 2. That this Variance is c~ranteu s~hject to the cor~nletion of Reclassification No. 3'J-81-5, no~•~ pendir~g. 3. Tliat suhject property shall be develoned suhstantially in accordance a~ith plans and specifications on file ~•~ith the City of .~naheim marl:ed Exhibit tlos. 1 throuah 5. BE IT FURTHEP. P.ESOLVED that the Anaheim City Plannin~ Commission does hereby find and determine tfiat adoption of this tZesolution is expr~ssly pred~cated upon applicant's compliance ~~ith each ar~~i all of the conditions hereinabove set for~h. Should any such condition, or any part the~eof, be declared invalid or un~nfcrceable by the final judgment of any court of competent jurisdicti~n, then thiis Resolution, and any approvals herein con:ained, shall I>e deemed null ~nd void. 7HE FOP,EGOIWi, RESOLi1T10~1 is si9ne.d ano anprove<( hy me this ~Fth day of January, 1981. ~ ~ CFIA I P,!1/1t1, AF!AHE I ~± C I TY PLA~J'! I ~!G COM'1: SS I OPI ATTFST: `~ ~' ,~,,, ,~ SECRETARY, A~IAIfE It•1 C ITY PLAII~J I NG COMF! I SS 10"! ST~1TE OF CALIFORNIA ) COUtlTY OF oRANGE ) ss. CITY OF A~:AHEIM ) i, Edith L. Harris, Secretary of tne Anahe~m City Plannina Commission, ho hereby certify [hat the foregoing resolution ~~as passed and adopted a*_ a meeting of the Anaheim City Planning Commission held on January 2~, 1~F1, by the follo~.~ing vote uf *_he members thereof; F,YES: COt1t•11SSi~"dERS: BARNES, BOU.4S, FP.Y, H[R9ST, KI~1G, TOLAP. NOES: COMMISSIO"JERS: BUSHOR[ ABSE^!T: COHMISSIOtdtRS: NOPlE 1~&1. I~I IJIT~JESS UfICRFOF, f have her~untn set my hand this ?~~th day ~f .lanuary, ~~c,~~ ~ ,~:~,.~ 5EC.°,ETP,P.Y, A!~~H~I"! CITY °LA"!`!I"IG COMMISSIO~! -3- PC8~-3~