PC 82-221~~
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RESOLUTION NO. PC82-221
F1 RESOLOTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIA1vCE NO. 3309 BE GRANTED
WHEREAS, the Anaheim City Planning Commission di.d receive a verified
Petition for Variance from ARTHUR E. STAHOVJCH, ET AL., g05 Ramblewood Drive,
Anaheim, California, owner of certain real property situated in the Cit•y of
Anaheim, County of Orange, State of California described as:
TH:9T PORTION OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER ~F SECTION 14, TOWNSHIp q SpUTH, gpNGE 11 WEST IN
TAE CITY OF ANAHEIM, RANCHO LOS COYOTES, AS SHOWN ON A Mpp
RECORDED IN BOOK 51, PAGE 11 ET SEQ., TOGETHER WITH THAT
PORTION OF PARCEL• 4 OF A PtAp I2ECORDED IN BOOK 34, PAGE 38
OF Pp~~, ~pg IN THE OL'FICE OF THE COUNTY RECORDER OF SAID
COfTNTy, DESCRIg~D AS FOLLOWS:
HEGINNING AT A POINT NORTH 89° 38' 40" EAST 152.81 FEET
FROM THE NORTHI9ESTERLY CORNER OF SAID PARCEL 4; THENCE
NORTH 89° 38' 40" EAST ALONG SAID NORTHERLy LINE OF PARCEL
4 AP1D THE EASTERLY PROLONGATION OF SAID NORTHERLY LINE 190
FEET; THENCE SOUTH 0° 15' 12" EAST PARALLEL WITH THE
EASTEFtI,y I,INE OF SAID PARCEL 4, 205.65 FEET TO A POINT ON
THE NORTHERLY LINE OF THE LAND CONV~YED TO THE ORANGE
COUNTy FLOOD CONTROL DISTRICT BY DEED RECORDED MARCH 5,
1959 IN BOOK 4614, PAGE 499, OFFICIAL RECORDS; THENCE ALONG
SAID NORTHERLY LINE SOUTH 89° 38' S5" 47EST, 228.05 FEET;
THENCE NORTH 10° 13' 24" EBST 209.20 FEET TO THE POINT OF
BEGINNING, ALL AS SHOWN ON THE LOT LINE ADJUSTMENT RECORDED
JUNE 9, 1982 AS INSTRUMENT NO. 82-196740.
TOGETIiER WITH THAT CERTAIN STRIP OF LAND 15 FEET IN hTDTH
ADJACENT TO THE NORTHERLY LINE OF THE ABpVE DESCRIBED
PROPERTY, LYING F7EgTERi,y OF ~E NORTHERLY PROLONGATION OF
THE EASTERLY LINE OF THE ABOVE DESCRIBED pROPERTY AA7p
EASTERLY OF THE NORTHEASTERLY PROLONGATION OF THE WESTERLY
LINE OF THE ABOVE DESCRIgED PROPERTY.
NOTE: BY CERTAIN RECORDED DOCUMENTS, SAID 15 FOOT STRIP OF
LAND SHALL HE DEDICATED FOR PUBLIC USE.
~E~3, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on December 13, 1982, at 1:30 p.~,,
notice of said public hearing having been 3uly qiven 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
~+iFIEREAS, 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 £ind and determine the
following facts:
#0377I
PC82-221
1. That the petitioner propoczs waivers of che following to
construct a 31-unit apartment complex:
(a) SECTION 18.34.062.012 - Maximum structural height
(1-stor.y permitted within 150 feet
of single-family residential zoning;
2-stories proposed)
(b) SECTION 18.34.062.032 - Mit~imum floor area per dwelling unit
(700 sq. ft. minimum required;
500 sq. ft. proposed)
2. That the above-mentioned waivers are hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that denial would
deprive subject property of a privilege being enjoyed by other properties in
the same zone and vicinity and on the basis of the location of the property;
and that only 19~ of the units are "bachelor" type units with floor areas of
500 square feet.
3• That there are exceptional or extraordinary circtunstances 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 tne 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.
5• That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 31-unit apartment aomplex
w;th waivers of maximum structural height and minimum floor area per dwelling
unit on an irregularly-shaped parcel of land consisting of approximately .98
acre, having a frontage of approximately 190 feet on the south side of Orange
Avenue, having a maximum depth of approximate"~y 205 feet, approximately 605
£eet west of the centerline of 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 deaignates the subject property for
medium-density residential land uses commensurate with the proposal; that that
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.
-2- PC82-221
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NOW, TF(EREFORE, BE IT RESOLV~D that the Anaheim City Planning
Commiasi.on does hereby qrant subject Petition for Variance, upon the followinq
conditions which are liereby found to be a necessary prereguisite 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 o.f
Reclassification No. 82-83-13, now pending.
2• That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2,
~• That Condition No. 2, above-mentioned, sha11 be complied with prior
to final buildin-r and zoning inspections.
BE IT FURTHER RESOLVk;D that the Anahei.m City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compl~ance with each and all of the conditiona
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 13th day of
December, 1982.
CHAIRMAN, ANpgg=M CITY PI,}1N1~7ING COMMISSION
ATTEST:
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SECRETARY pR0 TEMPORE
ANAHEIM CITy PLANNING COMMIg$jaN
STATE OF CAt,=FORNIA )
COUNTY OF 01iANGE ) ss,
CITY OF AN11FiEIM )
I, Pamela Starnes, 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 lield on December 13, 1982, by
the following vote of the members the.r.e of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERBST, KING, LA CLAIRE,
MC SURNEY
NOES: COMNRSSIONERS: NON~
ABSENT: COMMISSIONERS; NONE
IN SJITNESS WHEREOF, I have hereunto set my hand this 13th day of December,
1982.
`~G~~~'2~f / ;~~%~/1~8~
SE RETARY PRO TEMPORE
ANAHEIM CITY pI,ANN=NG COMMISSION
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PC82-221
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