PC 82-65~.
RFSOLUTIOFI I~10. PC 32-6~
RESOLUTIO~d OF TIIE AMAIiEIM CITY PLAt,RII~JG COMMISSION
THAT P[TITION FOR VARIFltJCE hl0. 32u2 BE GRANTf_D
WHEREAS, tlie Anaheim City Planning Commission di~~ receive a verified
Petition for Variance from RANCHO D[L RIO STAf3LE, LTO,, A'1'TN: JACY. KAUFMAPI,
KAUFhIAN ~ LORBER, Attorneys at Law, Giendale Federal Plaza, 113?_$ Bernardo,
Court, Ste. 201-A, Rancho (3ernardo, San Diego, California g2128, owner, and
FIALTA PROPERTIES, INC., 671 Firea Canyon Road, Suite y, ~,Jalnut, California 91789,
agent, of certain real property situated in the City of Anaheim, County of
Orange, State of California described as:
PARCEL 1: PARCEL 2, I'r~ THE COUWTY OF ORAh;GE, STATE 0~ CALIFORNIA,
AS PER 1•1AP RECORDED IN BOOIC 107, PAGES 1 APID 2 OF PAP,CEL MAPS, IP!
TfiE OFFICc OF THE COUNTY RECORDER OF SAID COUNTY; TOGETHER WITH
TI1AT PORTION OF PARCEL 1 AS SI10lJN OIJ SAID PARCEL MP,P, DESCRI(3ED AS
FOLLO!JS:
BEGINNIPlG AT THE ItJTERSECT~OtJ OF TIfE WESTERLY LINE OF SAID PARCEL
1 WITH THE NORTH LIME OF THE EDISOtJ C0~1PA^lY EAS~I•tENT PER BOOK 60,
PAGES 46 TO 51 INCLUSIVE, OF RECORDS OF SURVEYS OF SAID COUtdTY, AS
SAID INTERSECTIOtJ IS SIIOI•!~d OW SAID PARCEL MAP; THEMCE ALONG SAID
WESTERLY LIIJE SOUTH 1ii 20' 24" IJEST, 51.12 FFET TO THE SOUTHERLY
LItJE OF SAID PARCEL 1; TIIENCE ALONG SAID SOUTHERIY LINE SOl1TH 89
29' 4~" EAST, 136.Ou FEET TO APJ A~GLE POINT IN SAID SOUTHERLY
LI~JE; THENCE COPJTIIdUitJG ALOtJG SAID SOUTFIERLY LIPdE tdORTI~ 15 30'
20" EAST, Gg.02 FEET TO A POIP•1T Otd A CURVC IIJ SAI!) NORTIi LINE OF
THE EDISON COMPA1lY EASEMEhJT; SAID CURVE BEINf CONCAVE SOUTHERLY
AtJD IIAVIP~G A RADIUS OF 1t3G9.D5 FEET, A RADIAL LINF OF SAID CURVE
TO SA I D PO ! ~JT BEARS NORTH 3 30' 23" WEST; THEPICE IJESTERLY ALOPJG
SAID CURVE AND tJORTH LINE THRQUGH A CFNTRAL ANr~ c pc o ,~~ ~Qii A~~
ARC DISTANCE OF 190,$'I FEET TO THE POINT OF BEGIIvNIFlG, AS
DESCRIBED BY A LOT LIIJ[ ADJUSTf1EhlT r9LL77-31, RECORDCD JAPJUARY 5,
~37~.
WHEREAS, the City Planning Commission did hold a pi.blic hearing at the City
Hal) in the City of Analieim on April 5, 1932, at 1:30 p.m., notice of said public
hearing having been duly given as required by la~v and in accordance with the
provisions of the Anaheim t•tunicipal Code, Chapter 13.03, to hear and consider
e~idence for and against said proposed variance and to investigate and make finding~
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 liearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the follo~aing to establish a
t~ao-lot subdivision:
SECTIO~J 13.01.130 - Re uired lot frontaqe
all lots required to abut a public street or
alley; 1 lot not abutting)
PC82-G5
~.
2. That the above-mentioned waiv~r is hereby granted on the basis that the
petitioner demonstrated that a hardship exists due to the unusual shape of subject
property and subject to the petitioner's stipulation at the public hearing that an
access easement agreement o-+ilt be submitted to the City guaranteein~ access to both
parceis.
3. That there are exceptional or extraordinary ci^cumsta~ces or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to tlie property or class of use in tlie 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 wil) not be materially dAtrimental to the
public tivelfare or injurious to the property or improvements in such vicinity and zone
in wnich tlie property is located.
G. Tha*_ no one indicate:l th?ir presence at said public hearing in
opposition; and that no correspondence was receiv~d in opposition to the subject
petition.
EiJUIR0IIMEPlTAL I1~iPACT FI~JDIDlG: That the Anaheim City Planning Commission has
reviewed the proposal to establish a two-lot subdivision tVitll waiver of required lot
frontage on an irregularly-shaped parcel of land consisting of approximately 10.5
acres, bounded on the west by the Orange Freeway, on the south by the Southern
Pacific Railroad, on tlie east by tne Santa Ana River, approximately 620 feet south of
the centerline of Taft 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 IJegative Declaration since tlie Analieim General Plan designates
tlie subject p~operty for general industrial land uses commensurate with the proposal;
that no sensitive environmental impacts are involved in the proposal; that the
lnitial $tudy submit[e~ by the petitioner indicates no significant individual or
cumulative adverse environmental impacts; and that t!ie Negative Declaration
substantiating tlie foregoing finciings is on file in tlie Ci*yo uf Anahein Planning
Uepartment.
NOIJ, TNEREFORE, E3E IT RESOLVED that the Analieim City P)anning Commission
does hereLy grant subject Petition for Variance, upon the follo~•iing 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 appropriate vrater assessment fees as determined by the Offtce of
Utilities General Manager shall be paid to the City of Anahetm prior to the
issuance of a building permit.
In the event that subject property is to be divided `or the purpose of sale,
lease, or financing, a parcel map, to record thr_ approvc:d division of
subject property sfiall be submitted to and approverl hy the City of Anaheim
and then be recor~led in the Office of the Orange County Recorder.
That this Variance is granted suhject to completion of annexation of subject
property to the City of Anaheim.
-2- PCii2-65
~ ,
4. That tliis Variance is granted subject to th~ completion of either
Reclassification No. 74-75-20 or Plo. 74-75-21, now pending~
5. That prior to approval of the final parcel map, an access easement agreement
to guarantee access to both parcels shall be suhmitted to the Planning
Department for transmittal to the City Attnrne~'s Office for review and
approval. Said agreement shall then be filed and recorded in the Office of
the Orange County Recorder in conjunction ~•rith or prior to the final parcel
map.
f3E IT FURTHER RESOLVED that the Analieim City Pla ~,g 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.
Shoul~ 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 RESOLUTIOi! is signed and approved by me this 5th day of April,
19£32.
iT~...~.~ 1` •~wo~.~,.~..
CHA I RMAN, A~IAHE I M C I TY PLA~IN I P1G COMM I SS I ON
ATTEST:
~~ ~ ~~~
SECRETARY, APJAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORIQIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIf1 )
I, Edith L. liarris~ Secretary of the Anaheim City Plartning Commission, da
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission heid on April 5, 1982, by the follnwing vote of
the members thereof:
AY[S: COMMISSIOtJERS: BARNES~ BOUAS, BUStIORE, FRY, HERBST~ KING
~dOES: COMt11SSI0NERS: NONE
AEiSENT: C011t11SSI0tJERS: MC BURtJEY
IPJ WITPlESS WfiEREOF, I have hereunto set my hand this 5th day of April, 1982.
- l/I /~l~ ~ /~Y~~
SECRETARY, ArIAHEIM CITY PLANNING COMMISSION
-3- PC82-65