Resolution-PC 92-88RESQLUTION N0. PC92•88
A FiESOLU710N OF THE ANA{-IEIM CITY PLANNING COMMISSION
7HA7 PETI7101J FUR VARIANCE N0. 4181 BE DENIED
WHEREAS, the Anaheim City Planning Cammis~lon did receivo a vorifled Potition for
Varianco for certaln real properry sftuntad In tho Ciry of Anahoim, Counry of Orange, Stgte of California
described as:
PARCEL 1 OF PARCEL MAP 89-332 ~4S FIL~D IN BOOK 258, PAGE 31 OF
PARCEL. MAPS OF SAID ~OUNTY,
WHEREAS, the City Planning Commission did hold a publlc hoarin~ at the Cfvlc Center
in the Ciry of Anehsim on May 4, 1992 at 1:30 p.m., notice of said public hearing havfng been duly given
as requlrod by law and In accordance with tha provisions oF the Anahelm Municlpal CAde, Chapt9r 18.03,
to hear and consider evidence for and agalnst said proposod vnriance and to Investigate and make
findings and recommendations in connection therewith; and thAt said publir, hear(ng was continued to the
May 18, June 15, July 13 and July 27, 1992 Planning Commisslon meetings; and
1NHEREA5, said Commission, after due Inspectlon, fnvestigation and siudy made by Itselt
and in its behalf, and aftar due considoratfon of all evfdence and reports offerecf at sald hearfnfl, does ifnd
and detormine the following facts:
t. That the ~.~etitloner proposos walvers of the fol{owing to establlsh a 36-lot
(prevlously 40-I~t) RS•5000(~C? zoned single famfly residontial subdivision:
(a) SEGTION 1~1.130 - R~~~ired !ot irontAae.
(V~ta requirod to front on a.p.{~~11aht-of-wav,; lots
prop~sed to iront un nrivate atroetsl
(b) $~(710N 18,27,06$,Q10 - Req~J,red locetion and orientation of buildinas.
(dwellings required to rear onto artar(~tl hicthwav~;
2!ots proposed to side onro S~nta Ana Canyqn Roadl
2. That the above•mentioned waivers are hereby denied on the basfs that ti~ere are
n~ special clrcumstances applfcable ta the property such as size, shape, topography, location and
surroundings which do not apply to othdr ldentically zonod properry In the same viclnity; and that strict
application of tho Zoning Code does not deprNe tho property o( privileges enjoyed by other prepertles in
the (dent(cat zone and classitfcation in fhe vicinfty because the sd~oining residential tracts ~re zaned oither
RS-7200(SC) or RS-HS-10,000(SC);
3. That there are no excoptional or extranrdinary circumstAnces or candltions
applicab!e to the propAry irnotved or to tho intendai use of the property that do not apply gonerally to
the property or class of use In the same vicinfty and zone because adJacent res(dential zoning Is not the
samo as proposed for subJect sutxiivislon;
4. That the requested variance ts not necessary for the proservatfon and enjoyment
oi a substanttel property right possossecl by othor property in the same v!cinity and zone, and denled to
the property In questlon;
5. TFiat the requested variance will bo materially detrlment~l to the publ(c welfare or
in~urious to the prope~, or fmprpvements in auch victnity erxi zone In wh(ch the property Is Ixeted; and
CR1563~dS.wp 't' PC92-88
ti, That twenty (20) people Indicated their presence at s~td public hearing In
appositi~n; and that a patitlon co~talning approxfmately ono hundrod and twenty (120) signatures was
recuived in oppoaftlon to subject petition;
S,ALIF NIA E VIRONM~NTAL UALJIY,gCT FINDING: 7hat the Anaheim City Planning
Commission has revlowed tho proposal to reclassity A portian of the subject property from the
RS-A-4~,000(SC) (Resldential/Agricuftural•Scenic Corridor Qverlay) Zone to the RS-5000(SC) (Residdntisl,
Single-FamllyScenic Corridor Overlay) xone to establish a 36-Iot, sfn~le famliy residentfal sulxiivlsion with
waivers of requirod lot irontage, and required location and oriontation of build(ngs, and to remove 51
hoalthy spocimen trees on an Irreguia~fy shapod pa~cel of Iend conslsting of approxim&tely 12.38 acres,
having approxlmate frontages of 710 feot on the south $Ide of Santa Ana Canyon Road and 240 feet on
the north side of Avenida M~rgarita, having a maximum depth of appraxim&tely 700 foat, being located
approxtmate~y 1,211 foet east of the conte~line of ~oyal Oak Road and (urthar doscrlbed as 5540 East
Santa Ana Canyon Road; and doea hereby approve a rnitlgated Negative Declaration on the basis that the
declaration rellects the Indepondent Judgement oi the lead agency and that the Planning Commisslon has
considered the proposal with tho mitigated Negative Decla~atfon, toget~er with any comments receNed
during the publlu revfew procoss and further finding, on the basis of ihie Initial Study, that there Is no
substantlal evidence that the pro~bct wlll have a significant effect on the environment.
NOW, THEREFORE, BE iT FiESOLVED that the Anaheim Gity Planning Cammissiran does
hereby deny subject Petition tor Vari~~ce on the ba~is of the a(orementfoned tindfrifls.
TFiE FOREGOlf~G FIESOLUTION was adopted at the P~nnning Cornmisslon meetin~ ot
July 2'l, 1992. •~ ~.G
' ~ ~1=~~~~~~~-.
RMAN, ANAFIEIM CITY P NING C ISSI N
ATTES7:
/ CRETARY, fV EIM CITY PLANNING COPdMISSION
~~
STATE OF CAUFORNIA )
COUNTY OF ORANG~ ) ss.
CITY QF ANAHEIM )
I, Janet L. Jonsen, Secretary o~ the Anaheim ~iry Planning Commisalon, do heroby certiFy
that the fore~oing resolutlon was passed and adopted at e meeting c~t the Anphetm City Plannl~g
Commission held on July ?7, 1992, by the idlowinp v~te of :he members there~f:
AYES: COMMISSIONERB: BHISTOL, HENNINaER, PERAZA, ZEMEI
NOES: COMWIISSION~RS: BOUAS, HELLYER
ABSENT: COMMISSIONERS: MESSE
IN WITNESS WHE~iEOF, I have hereunto set my hand this ,~,~,/i day of
, 1 ~J.~12.
,
CPETARY,rAI){ EI~ PLANNING COMMISSION
.2. PC92-88