PC 83-165~
RESOLUTION N0. PC83-165
RESOLUTION OF TNE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR JARIANCE N0. 3346 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition foc Variance from GFELLER DEVRLOPMENT COMPANY, INC „ 22g West Main
Street, Tustin, California 92680, ATTN; RALPH SPARGO, owner of certain real
property situated in the City of Anaheim, County of Orange, State of
California described as:
PARCEL 1:
THE SOUTii 815.00 FEET OF THE EAST HALF OF THE WEST HALF OF
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
12~ TOWNRHIP 4 SOUTH, RANGE 11 WEST~ IN THE RANCHO LOS
COYOTES~ AS SHO'AN ON A MAP RECORDED IN BOOK 51~ PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM. THE EAST 15.00 FEET THEREOF.
ALSO EXCEPTING THEREEROM THE SOUTH 40.00 r^EET, AS DESCRIBED
IN DEEU TO THE STATE OF CALIFORNIA RECORDED FIARC.H 5~ 1966 IN
BOOK 3424~ PAGE 186 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY.
PARCEL 2:
THFi PORTION OF THE SOUTH WEST ONE-QUARTEk OF THE SOUTHWEST
O!'~-QOARTER OF SECTION 12~ TOWNSHIP 12~ TOWNSHIP 4 SOUTH~
RANGE 11 WEST, AS PER MAP RECORDED IN BOOK 51~ PAGE 11 OF
MISCELLANEOUS MAPS, IN THE QFFICE OF TYE ~OUt:TY RECORDFR OF
SAIu CUUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION 12~
SAID POINT BEING LOCATED 648.71 FEET NORTk 89 DEG. 41 MIN.
10 SEC., EAST FROM THE SOUTHWEST CORNER OF SAID SECTION 12~
SAID POINT BEING ON THE WSST LINE OF THE EAST 15 FEET OF THE
EAST ONE-HALF OF THE WEST ONE-HALF OF THE SOUTHW~ST.
ONE-QUARTER OF THE SOUTHW~ST ONE-QUARTER OF SECTION 12;
THENCE NORTH 0 DEG. 10 FIIN. 49 SEC.~ WEST 815 FEET ALONG THE
SAID WEST LINE OF TdE EAST 15 FEET TO POINT IN A LINE
PARALLEL WITH AND 815 FEET NORTHERLY FROM T$E SOUI'H LINE OF
SAID SECTION 12; THENCE SOUTH 89 DEG. 41 MIN. 10 SEC.~ WEST
316.93 FEET ALONG SAID PARALLEL LINE TO A POINT IN THE WEST
LINE OF THE EAST ONE-HALF OF THE ~7EST ONE-HALF OF THE
SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID
SECTION 12; THENCE NORTH 0 DEG. 11 MIN. 10 SEC., WEST 513.23
FEET ALONG THE WEST LINE OF SAID EAST ONE-HALF OF THE WEST
ONE-HALF TO A POINT IN THE NORTH LINE OF THE SAID SOUTHi'7EST
ONE-QUARTER OF THE SOUTHWEST ONE-~UARTER OF SECTION 12;
THENCE NORTH 89 DEG. 41 MIN. 20 SEC., EAST 661.98 FEET ALONG
SAID NORTH LINE TO A POINT IN THE EAST LINE OF THE WEST 330
#0040r PC83-165
FEET OF THE EAST ONE-HALF OF 'PHE SOUTHWEST ONE-QUARTER OF
THE SOUTHWEST ONE-QUAP,TER OF SAID SECTION 12; THENCE SOUTH G
DEG. 10 MIN. 49 SEC., EAST 1328.23 FEET ALONG THE EASi LINE
OF THE SAID WEST 330 FEET ALONG THE EAST LINE OF THE SAID
WEST 330 EEET TO A POINT IN THE SOUTH LINE OE SAID SECTION
12; THENCE SOUTH 89 DEG. 41 MIN. 10 SEC., WEST 345 FEET
ALONG SOUTH LINE TO THE POINT OF BEGINNING.
EXCEPT THE SOUTH 40.00 FEET OF THE EAST 345.00 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public heacing at
the Civic Center in the City of Anaheim on September 7, 1983, at 1:30 p.m.,
nokice of said public hearing having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, ChaFter 18.03,
to hear and consider evidence for and against said proposed variance and to
investi9ate and make findings and recommendations in connection kherewith;
said public hearing having been continued to the Planning Commission meeting
of September 19, 1983; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and i.i its behalf, and after due consideratior. of all
evidence and reports offerad at said hearing, does find and determine the
following facts:
1. Petitioner requests waiver of the following to establish an
18-lot, 639-unit, RM-1000 (Residential, Multiple-Family) Zone sutdivision.
SECTION 18.01.130 - Reqrired lot frontage.
(all lots required to abut a public stceet or alley;
fourteen lots not abutting proposed)
2. That the above-mentioned waiver is hereby granted on the basis
that the petitioner demonstcate~ that a hardship exists in that there are
special circumstances applicabie to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically
zoned properties in the vicinity; and strict application of the Zoning Code
deprives the properky of privileges enjoyed by other properties in identical
zoning classification in the vicinity.
3. That the requested variance is hereby yranted subject to the
petitioner's stipulation at the public hearing that the 3-story structure on
the north property line shall be located a minimum of fifty-(50) feet from
said property line, and that revised plans shall be submitted to and approved
by the Planning Department staff prior to the issuance of building permits.
4. Thal there are exceptional or extraordinary circumstances or
conditions applicable to the p:operty i~volved or to the intended use of khe
property that do not apply generally to the property or class of use in the
same vicinity and zone.
5. That the requested var:ance is necessary for the Qreservation
and enjoyment of a substantial property right pos~essed by other property in
the same vicinity and zone, and denied to the property in question.
-2- PC93-165
6. That the requested variance will not be materially detrimental
to the public welfare or i.njurious to the property or improvements in such
vicinity and zone in which the property is located.
7. That one person indicated his presence at said public hearing
in opposition; and that one letter ~aas received in opposition to subject
petition.
EMVIkONMENTAL IMPACT FINDZN~: Enviconmental Impact Report No. 253
was p:eviou::ly certified in conjunction with subject property by the Planning
Commission on November 29, 1982,
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the follo~ing
condit•;ns which are hereby found to be a necessary prerequisite to the
proposed use of the subject pcoperty in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1• That subject property shall be developed substantially in accotdance
with plans and specifzcations on file with the City of Anaheim
marked ~::hibit Nos. 1 through 12 (Revision No, 3); provided,
however, that the three (3) story structure shall be located a
minimum of fifty (50) feet from the northerly property line, and
that revised plans shall be submitted to and approved by the
Plannin9 Department staff prior to issuance of building permits.
2• That approval of this variance is subject to approval of Tentative
Map of Tract No, 11830 (Revision No. 1),
3• That prior to final building and zoning ir.spections, Condition No.
1, above-mentioned, shall be complied with.
EE Z1' FU~THER k~SULVED that the Anaheim City Planning Comrnissiun
doec hereby find and determine that adoption of th~.s Resolution is expressly
predicated upon applicant's compliance with each and all oE the conditions
hereinabov~ set forth. Should any such condition, or any ~~rt theteof, be
declared invalid or unenforceable by the final judgment of any coutt of
c~mpetent ju•_isdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 19th day of
September, 1983.
.~%/Q~ ~_~
CHAIRMAN,~p,HEIM CITY PLANNING COMMISSION
ATTEST:
~,~~~ ~ ~~ ~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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PC83-165 ~
STATE OF CALIFORNIA )
COUNTY OF OxANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim Ciky Planning Commission, do
hereby cectify that the foregoing resolution was passed and adopted at a meeting
of the Anaheim City Planning Commission held on September 19, 1983, by the
following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY, NERBST~ KING~ LA CLAIRE,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my l~and this 19th day of September,
1983.
G, i~f ~ A ~ '
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4 PC83-165