PC 82-105RESOLUTIOP! I10. PC 32-1~5
RESOLUTI OhJ OF TI1E AFJAI•I[ I11 C I TY PLANIJ I MG COMM I SS 10?!
TI1AT PETITIOt4 FOR VARIANCE N0. 3263 tiE GRANTF~
Petitiun florRUarianceefromaHEJRY Li!tl•IESSELWInAND~mTHEL11An It~i ~JESSELN,a 1~~~f iW~
Lincoln Avr_nue, Anaheim, California 9'LtlQI, owners, of certain real property
situated in the City of Anaheim, County of Orange, State of California described
as:
TI1E PORTION OF TIIE NORTHFAST QUARTER OF THE NORTHIJEST QUARTER OF
SECTIO(J 13, iN TOIJWSFIIP 4 SOUTH, RAPlGE 11 WEST, !IJ THE RAPICHO LOS
COYOTES, IP~ TIiE CITY OF AtJAHEIM, COUNTY OF ORAPaGE, AS SRID SECTION
IS SHOtJN ON A MAP RECORDED IPJ l300K 51, PAGE 11, 111SCELLA~dFOUS
MAPS, RECORDS OF SAID ORAhJGE COUNTY, DESCP,IBED AS F~I_LOIJS:
COh1MENC I P~G AT THE NORTHEAST CORi~ER OF THE NORTH~JFST QUARTER OF
SAID SECTIOPJ 13, AtJD RUDI;JING THEtdCE SOUTH 8g~ 41' 1~" WEST AL~yG
THE NORTH LINE OF SAID NORTHWEST QUARTER, 727,91 FEET TO THE
IJORTHWEST C~R~JER OF TIIE LAtJD OF ORVILLE L. MATTESON A~D IJIFE, AS
DESCRIB[D IF1 THE FIRST DESCRIPTIQN OF TfiAT CERTAIN DECREE 2UIETIPJG
TITLE, A CERTIFIED COPY OF WIiICfi WAS RECORDED OCTOBER 15, 1963 IP!
8001: 6762, PAGE 263, OFFICIAL RECORDS OF SAID QRANGE COUNTY;
TI1EtJC[ SOUTN 0~ 13' 13" EAST ALONG THE IJEST LiNE OF SAIO LAND,
59a.57 FEET TO ThIE SOUTHIJEST CORNER OF SAID LAIlD; TIiEh1CE ALOPlG THE
SOUTN LINE OF SAID LAND Of MATTESON, AP~D ITS EASTERLY PROLONGATION
NORTii t3go lfi~ 1~~~ EAST 474.17 FEET TQ T!aE TRUE POIfJT OF BEGINNING
OF THE BOUNDARY OF THE LAfJD DESCRIDED N;:~i;;IN; TliEtdCF SOUTH 0 11'
45" EAST PARALLEL IJiTH THE EAST LIhJE OF SAID NORTtiIJEST QUARTER OF
SECTI01•~ 13, A DISTAIdCE OF 27 FEET; TFIEDICE NORTH 3g~ 41' 15" EAST
PARALLEL lJl TH THE EASTEP,LY PP,OL~"1GAT1 Q~1 QI' TI1E SOUTH L I P!E OF 5A I p
LAIJD OF MATTESOI4, 3B FEET; THEWCE NORTH 0~ 11' 45" 4lEST PARALLEL
WITH TI1E EAST LINE OF SAID NORTHWEST QUARTER OF SECTI0~1 13, q
DISTANCE OF 20 FEET; Tf1EfJCE NORTIi 390 41' 15" EAST PARALLEL l•ltTH
THE EASTERLY PROI.ONGATION OF ThIE SOUTH LINE OF SAID LAND OF
MATTESON, 37,83 FEET; TIIEIJCE SOUTH 0° I1' 45" EAST PARALLEL WITH
THE EAST LINE OF SAi~ NORTHWEST QUAP,TER OF SECTIOP~ 13, A DISTANCE
OP 39.7~ FEET; THENCE NORTIi 39°41' 15" EAST PARALLEL IJITH THE
EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LAIJD OF MATTESON,
127,64 FEET, MORE OR LESS, TO THE EAST LIPlE OF SAID NORTHWEST
QUARTER OF SECTIOPJ 13; THEiJCE ALO~dG SAID EAST L(NE, NORTH 0° 11~
45" WEST 96,73 FEET TO iTS INTERSECTIOh! iJlTii THE EASTERLY
PROLOtdGATIOtJ OF THE SOUTti LIPJE CF SAID LAFlD OF FiATT[SON; THENCE
ALONG SAID PROLOtJGED LINE, SOUTH 39° 41~ 15" i,IEST 253.47 FEET,
MORE 0!? LESS, TO THE TRUE PO I P!T OF BEi, I NPI I NG.
COt1~4EfiCING AT THE NORTHEAST CORM[R OF THE NORTHIJEST QUARTER OF
SAID SECTIO?1 13, AtlD ZUWNING THENCE SOUTIi 89° 41' 1i' ~~JEST ALOt!(;
TIiE NORTII LINE OF SAID PJORTIiIJEST QUAP,TER, 727,91 FFFT TO THE
NORTHWEST CORIJER OF THE LAtJD OF ORVILLE L. t4ATTESO~I AFID iJIFE, AS
D[SCRIBED IIJ THE FIRST DESCRIPTION OF YHAT CERTAIN I)FCREE QUIETIPlG
TITLE, A CERTIFIED COPY OF WHICN IJAS RECORDE~ OC1'CBER 15, 19b3 I~J
t300K 6762, PAGE 263, OFFICIAL R[CORDS OF SP'D ORAPlGE COUNTY;
Pr,g2-1o5
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TIIEIJCE SOUTH U° 13' 13" EAST ALOIJG TIiE 4/EST LIIJE OF SFlIO LAND,
59<3.55 FEET TO TfiE SOUTHWEST CORNER OF SAID LAND; THEiJCE ALOplG THE
SOUTH LI(JE OF SAID LAND OF h1ATTESON, AND ITS EASTERLY
PROLOPlGATIO(J, tJORTIi 39° ~1' 15" EFlST 4)l~,1] FEET; Tl1EPJCE SOUTH 0
11' 45" EAST PAR/aLLEL WITIi TIIE EAST LII~E OF SAID NORTHtJEST QUARTER
OF SECTIOPJ 13, A DISTl1NC[ OF 2% F[ET TO THE TRUE POINT OF
B[GIPlNIiJG OF TH~ 130UldDARY OF TIIE LAND DESCRIf3ED HEREIN; THENCE
PJORTIi 39° 41' 1~" EAST PARALLEL WITH SAID EFlSTERLY PROLONGAT~ON OF
THE SOUTfi LIfJE OF TfIE LAIJU OF MATTESON, 33 FEET; THEtlCE NORTH 0°
11' 45" WEST PARALLEL tJlTtf TIiE EAST LINE OF SAID P10RTHlJEST QUARTER
OF SECTIO~J 13, A DiSTANCE OF SECTIOIJ 13, A DISTAMCE OF 20 FEET;
TNE;JCE NORTH 89° ~E1' 15" EAST PARALLEL IJITH THE EASTERLY
PROLONGATION OF THE SOUTH LI~dG OF SAID LAh1D OF NATTESON, 87,~33
FEFT; THEP~CE SOUTIi 0° 11' 4~" EAST PARALLEL WITFI TIiF EAST LIP1E OF
SAID NORTIi1dEST QUARTER OF SECTION 13, A DISTANCE OF fig,7t3 FEET;
TfiENCE SOUTH 89° 41' 15" WEST PARALLEL IJITH THE EASTERLY
PROLOIJGATION OF THE 54UTH LINE OF SAID LAhID OF MATTESOM 125,83
FEET TfiENCE IdORTfI 0° 11' 45" IJEST PARALLEL IdITFI T~iE EAST LINE OF
SAID tJORTHI•lEST QUARTER OF SECTION 13, A DISTANCE OF G9.74 FEET TO
THE TRUE POIIJT OF DEGIN(J114G.
WNEREAS, the City Planning Commission did hold a p~blic hearing at the (:ity
liall in the City of Anaheim on April 5, tg82, at 1:30 p.m,, notice of said public
hearing having been duly given as ~ey~ired by law and in accordance with the
provisions of the Anaheim 14unicipal C<~de, Chapter 13.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therr.with; said public hearing having been
continu~d to the Planning Commission meetirig of June 2, 1932; and
WHER[AS, said Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence an~i
reports offered at said hearing, does find and determine the follo~ving facts:
1. That the petitioner proposes a waiver of the follavin9 to construct a
lo-unit apartment complex ~yith 25~ of the units being designated as "affordable".
(a) SECTION 13.34.061.010 - Minimum building site area er unit
1200 s t. required; 9 7 sq. ft.
proposed• -
(b) SECTION 13,34.062.012 - hlaximum structural height
1 story permitted within 150 feet of single-family
residential zoning; 2 stories proposed)
(c) SECTION 18.34.063,011 - 11inimum landscaped setback
20 feet required from an arterial highway;
15 and 17 feet proposed)
Z. That the above-mentioned waivers are hereby grant~d on the bas~s that
the petitioner demonstrated tl~at a hardship exists in that tlie petitioner has agreed
to enter into an agreement ~a1th tl~e City of Anaheim to provide four (4) "affordable"
units (25~) within the 16-unit project.
"2' PC32-105
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3. That there are exceptional or rxtraordinary circumstances or conditions
applicable to the property involved or to tlie 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 tiie property in question.
5. Ti~at tlie requested variance wit) 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.
~. That no one indicated their presence at said nublic liearing in
opposition; and that no correspandence was received in opposition to the subject
petition.
ENVIRONME~TAL It9PF1CT FIFlDING: That the Anaheim City Planning Commission has
revieo-~ed the proposa) to reclassify subject property from the RS-A-Jt3,000
(Residential/Agricultural) Zone to the RM-1200 (Residential, tlultiple-Family) Zone to
construct a 16-unit apartment complex (25~ "affordable") with waivers of minimum
building site area per unit, maximum structural height, and minimum landscaped
setback on a rectangularly-shaped parcel of land consisting of approximately 0.5
acre, having frontages of approximately 97 feet on the ~•~est side of Dale Avenue, and
being located approximately 600 feet south of the centerline of Lincoln 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 dur_ to the approval of this
Negative Declaration since the Anaheim General Pian designates the subject property
for medium-density residential land uses commensurate with the proposal; that no
sensttive environmental impacts are involved in the proposai; that the Initial Study
submitted by the petitioner indicates no significant individual or cumulative
adverse environmental impacts; and that the hJegative Declaration substantiating the
foregoing findings is on file in the City of AnaFieim Planning Department.
NOIJ, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does f~ereby yrant subject Petition for Variance, upon the following conditians which
are hereby found to be a necessary prerequisite to the pr~posed 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, 31-82-13, no~v pending.
2. That subject property shall be developed substantially in accordance tvi*_h
plans and specifications on file with ths City of Anaheim marked Exhibit
Nos. 1 through b.
3. That Condition No, 1, above-mentioned, shall be complied ~~ith prior to final
bullding and zoning inspections,
That prior to ti~e issuance of building permits, the owr~er/deveioper shall
execute and record an agreement with the City of Analieim providing that foitr
~4) units shall be so)d to and maintained in ownership by persons or
famities of lo~v or moderate income for a mi~imum of fivc years. The form of
said agreement shall be approved by the City Attorney's Office.
-3- PC82-1o5
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BE IT FURTI1Eft RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predtcated upon
applicant's compliance witti each and all of the conditions hereinabove set forth.
Siiould any condition or any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, tlien this Resolution, and any
approvals herein contained, shall bc deemed null and void.
TNE FOREGOING RESOLUTIOtd is signed and approved by me this 2nd day of June,
1932.
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C A RMAN PRO TEMPORE
ANAHEIM CITY PLANIJIPJG COht~ ISSION
Al'TEST:
`~~ .~° ~~
SECRETARY, ANAIIEIM CITY PLAhlfdlyG COMMISSION
STATE OF CALIFORt~IA )
COUIJTY OF ORAIJGE ) ss.
CITY OF APlAHEIM )
I, Edith L. Harris, Secretary of the Anahaim 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 June 2, 19~32, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARP~ES, BOUAS, FRY, ttERDST, KING, Mr. BURtJEY
NOES: COMMISSIONERS: iJOtJE
A[3SENT: COMMISSI~NERS: DUSHORE
IN WITNESS IJHEREOF, I liave hereunto set my hand this 2nd day of June, 1g82.
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SECRETARY, ANAHEIM CITY P~ANNIN~ COM111SSION
-4- PC32-to5
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