Resolution-PC 94-144RES LUTION N . PC~,Q4,144
A RESOLUTION QF THE ANAHEIM CITY PIJ~NNING COMMISSIQN
THAT PETITiUN FOR VARIANCE NO. 4265 B~ GRAN7ED
WHEREl1S, tho Anaheim City Planning Commisslon did receive a veritied Petitfon tor
~ariance for certain real property situateci in tlie Cfty of P.naheim, County nf Orange, State of Calltornia
described as:
PAfiCEL 1: A STRIF~ OF LAND IN THE SOUTHEAST CORNER OF TFIE SOU7H
14.A8 ACRCS OF THE NOR'iH 29.14 ACRES OF THE WES7 ONE-HAI_F OF THE
NORTHWEST ~UARTER OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN QN A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELlANEQUS MAPS, RECGRDS OF ORANGE
COUN7Y, CALIFORNIA, MORE PARTICULARLY DESCRIB~D BY THE FOLLOWING
BOUNDARY LINfS:
BEGINNING AT THE SOUTHEAST CORNF.R OF SAID LAND AND EXTENDING
WE~T A8.U0 FEET; THENCE NORTH 147.00 FEET; THENCE EAST 48.00 FEET;
THENCE SOUTH 147.00 FEET TO THE POINT OF BEGINNING.
PARCEL 2: 7HE NORTHERLY 95.00 FEET OF THA7 PGRTION OF THF 1NEST
HI1LF Or THE NOR7iiWcST OUARTER OF SECTION 20, TOWNSHIP 4 SOUTH,
RANGE 10 WE.S7, IN Th1E RANCHO LOS C.OYOTFO, no SHOWN ON A MP,P
RECORDED IN BOOK 51, PhGF 10 OF M~',.:.ELl~NEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIP•, OES~RIBED AS FOLLOWS:
BECINNING AT A POINT ON THE WEST LINE OF T4E NORTHWEST OUARTER
OF SAIO SEC7IUN 20 A DISTANCE OF 952.6 F~E7 50UTH OF THE NORTNWEST
CORNER ~HEREOF, SAIO F'OINT OF B~GINNING BEINV THE SOUTHI'VEST
CGRNER OF THAT CERTAIN 14.A6 ACRE PpRCtL OF L4NJ GCNVEYEb TO
LUCY FRaNCES BALL 6Y OEED RECORDED IN BOOK ~2, PAGE 68 OF DE~US,
IN TFiE OFFICE OF THE COUNTY fiECORDEFl OF ORANGE CUUNTY,
CALIFOANI4, AND THENCF EASI' ALONG TNE SOZ1Tli LINE OF SAID 14.46AC~iE
PARCEL A 0lSTANCE OF 780.66 FEET TO THE TRU~ POINT OF BEGINNING,
TFIENCE NORThf Pl,RALLEL TO THE EAST i.iNE OF THE W~ST HALF OF TME
NORTHWEST OUARTER OF SAIU SEC710~J 20 A DISTAh1CE OF '~50 00 FEE?;
TFlENCE EAST PARALLEL TO TF1t 5UU7H LINE OF THE SAID 1A.46 ACRE
PARCEI A UI5TANCE OF 550.y4 ~~~T TO A POINT ON THE EAST LINE OF THE
WEST h1ALF OF THE NOf~ThIWEST C~UAR7~R OF SAID SECTI ~N 20; 7HENCE
SOUfH A!_UNG SAlD EAST IINE 103.Q0 FE~T:'fHENCE SNGST PARALLEL TO THE
SOUTH LINE OF .~`iA:~ 14.4G ACRE PARCEL A ~fSTANC~ OF 40.W FEET;
THENCE SOUTH PAHALLEL TO THE EAST LINE OF THt WES7 IiALF OF THE
NOFt7HWEST ~]UARTER OF SAID SECTIQN 20 A DISI'+4NCE OF 147.00 FEET TO
A F~OINT ON 7HE SOUTH LINE OF SAIO t4.46 ACRE PARC~L; THENCE WE3T
ALnNCi 5A10 ~OUTH UNE TU TME TRUE POINT ~F EiEGINNING.
PANCEI 3: THA'~ PORTION OF 7hlE WEST HALF OF TNE NORYHWEST
QUARTER OF SEC7tON '..~0, 70WNSHtP d SOUTti; RANGE 10 VYEST, 1(~ THE
RANCHO LOS CO!'GTES, AS SHOWN ON A MAP RECORDED it~ BOOK 51, PAGE
10 OF MISC~I.LANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNI4,
OESCR18E0 AS FOLLO`NS:
CH?230N 3.w{: • 1 • F'C94•144
BEGINNING AT A POI~1T ON TNE WEST LINE OF THE NnRTHWESf OUARTER
OF SAIO S~CTION 20 A DISTANCE OF 952.6 FEET SOUTH OF THE NOfiTHWEST
CnRNER 7HEREOF, SAID POINT OF f3EGINNING BE:ING THE SOUTNWEST
CORNFR OF THAT GERTAIN ~a.as ACRE PARCEL OF LAND CONVEYED TO
LUCY FRANCtS BALL BY DEED RECnRDED IN BOOK 32, PAGE 68 OF DEEDS,
IN THE OFGICE OF THE COUNTY RECOR~ER OF ORANGE COUNfY,
CALIFORNIA, AND TfiENCE EAST ALONG TNE SAUTH LINE OF SAID 14.46 ACRE
PARCEL A DISTANCE OF 760.66 FEET TO THE TRUE POINT OF BEGINNING,
THENCE NQRTH PAFiALLEL TO THE EAST LINE OF THE N1EST HALF OF THE
NORTHWEST UUARTER OF SAID SECTION 20 A DISTANCE OF 250.00 FEET;
THENCE EAS7 PARALLEL TO 7HE 50U7H LIiVE OF 7HE SAID 14.d6 ACRE
PARCEL A DISTAfVCE OF 550.94 FEET TO A POIN7 ON THE EAST LINE OF'TH~
V1'EST HALF OF THE NORTHWkST I~UARTER OF 5AIQ SECTION 20; THENCE
SOUTH ALOfVG SAID EAST LINE 103.00 FEET; THENCE WEST PARAI.LEL TO THE
SOUTfI LINE OF SAID 14.A6 ACRE PARCEL A DISTANCE OF 48.00 FEET;
THENCE SOUTH PAHALLEL TO THE EAST LINE OF THE WFST HALF OF THE
NORl'HWEST QUARTER OF SAID SECTION 20 A DISTANCE 0° 1A7.00 FEC7 7U
A F'OINT ON THE SOUTH LINE OF SAID 1~i.48 ACRE PAHCEL; THENCE WEST
ALONG SP,ID SOUfH LINE TO THE TNUE F'OINT OF HEGINNING.
EXCE('TING THE f3QRTHERLY 95.00 FEE7 THEREOF.
WHEREAS, tho Cfty Planninp Commissiun did hold n public hearing st tha Civic Center In
the City ut Anaheim on October 31, 1994, at 1:30 p.m., notice o( sa(d public hearing having beon duly glven
as required by law and in accordance with the {~rovisions of the Anahelm Munfcipal Code, Chapter 18.03,
to hear arid consider evidence I~r and agalnst said proposed var(an~o and to invostigate and make Ilndings
and recommendations in cannecti~n therewith; and
WHEREAS, said Comrtiission, after aue ins~ct(on, investigation ~and study mada by itself
and in its bohali, and after due consfd~r~tfon of all evldenco and reports o(fered at said hearinp, doe~ lfnd
and dQtermina the (ollowin~ facts:
t. That the petitioner pr~poses waivers of the followin~ to establlsh a 20-lot RS-51100
"Fiosidentfal, Single F~-mily" Zone subcJivision:
(a) ~.4~tlan t6.01.~Q - F~auir I t r~ (~~~n a~.Slblic street.
(Ail lots requlred to ~¢~, a nubliC street;
t0 lot~ prr~pnsed to~hi~t a nrivatQ strgeU
(b? ;~~114L~.~~~.~.Q@~ QZl - inl 'SlL~.~~~•
l
(45 feet -equlrucf for cul-~fn s:;~c lots, m2asurec
at the minirrium buildiny setbacl<;
291eet and 3.Lj~[ Pmposad (or d lotrs)
(~) ~~~~`~~~4 ' ~ fe m~ it~ t~eci~~pooposed lor 2 lots)
(d) eCtfon ~.~.?,~Q~Z:.4.~! -r oQRn sl2ace•lot stza r uired
(Min(mum ~ 8~50 sa,R. eq
for ~•bedroom homes; ~,OC~ to S"U59 s9.ll.
propased fur 141ots)
,2, NC94•1 A4
2. That waiv3r (a) is hereby appro~'od on tl~a basis that there are special circumstanc~s
applic~ble to the property consisting of size and shape which do not apply to other idontically xonad
proportles fn the vicinity and that adaquate access to the proposed lots will be provided by a private stre~t
whfch conlurrns to ttie applicable city standards;
3. That waivers (h), (c) and (d) are hereby approved on the basis that there are special
circumstanc~s applicablo to tho property consisting oF its locatlon and surroundings which do not apply to
other Icientically zoned propertios in the vicinity bocause tha proposal is a reductlon of 20 units (5096 less
density) cornpared to what was oriflinally approved und~r Roclassiticatlon No. J3-94-£3;
~t. That waivers (b), (c), and (d) are grantod on the basis that strfct epplicatfon af tho Zonfnp
Co~o clFprfves the property of priv!!epes en~oyecf by othor propert(es undor idontical zoning classiNcation
in the vfcinity becausa the existing RS-5000 tract to the south oi subJect property was built with dt~velopment
standards sim{lar tu the proposal; and, (urther, that subiect property is located ~cross the street from
t,Aojeska Park whtch provfdes an abundanc9 of opon spact~;
5. That the proposed detached sfngle family dwellings conlorm to the surrounding area and
noighborhocd, and to tlie General Plan land use dosignatlon; and
6. That no one Indicated their presence ~t sald publ(c hear(ng in opposition; and ttiat no
corrospondence was roceived in opposition to subJect petition.
~IFURNIA ENVIRONMFj~T~L OUALITY l~~j FIN N~: That the Anaheim City Planning
Comrrission has reviewed tho propo~a~ tor waivers of minirrium building site width, max(mum lut covorage,
roquired open space and requlred lot (rontage on a pub~ic street to construc:t 20 detachec! sl~igle tamily ~nils
and to establish a 20•lot, RS-5000 subdivisfon on a rectangularly-shaped parr,et of land consisting of
Appror.imatoly 2.97 acres havin~ o(rontage of approximately 240 feet on the west side of Empire Street,
having ~ max;mum depth of approxfmatoly 52Q feQi, befng located approxfmptely 700 feet scuth nf the
centerline of Ball Hoad anci further doscribed as 1301 Scuth EmplrQ Street; and daas fieroby approve the
Neqatfve Declaration upon (indin~ that the deciaration reflec;ts Yhe independent judgement of the lead agoncy
and that It has considered tho Nogative Declarstion togQther with any comments received during the public
revfew process and turther find(ng on t~ie basis of the fnitiat study and any comments recoived that tliere
is no Yubstantfal evidonce that the pro~ect will h~ve a sf~nificant eHect on the environment.
~JOW, THEREFORE, 6E IT RESOLVED that the Anafiefm City Planning Cornmisslon doas
heraby grant subjoct Petition tor Variance, upon ihe follow(ng conditlons which are hereby tound to be a
necossary prerE~ulsite to tlio proposod u~e of the subjoct property in ord~r to prosorve tho safety and
goneral ~••3lfare ~t the Citlzens of tha C(ty ot Anaheim:
1. That the appropriata tees due tor primary water mafns and secondary water rtiafns shall be paid to the
Water Engineering Divisl~n, in ~cco-d~nce wlth Rulas 15A end 20 r~f tha Water Utilfty RAtes, Rulea and
Reyul~tions.
2. 7hot trash storafle ar~as shal~ be provided and maint~ined in a location ncceptablo to the Doportment
of Mnintonanco and in accordance with approved plans on fils wish sakl Department. 5uch
informailon shaU bo s~ocificaity shown on the plans submitted (or buil0ing perrnits.
3. That subject property shatl ba develorecl substantially tn accordonce with pians and ~pecfllcatians
submftted tc, the Cily of 1i~sheim by tho petftfoner arx! which plans are on lile with the Planning
Oepartmont marked Exhibit Nos. 1 through 3.
.3. f'Cfl4-144
4. That prior to issuanc~ of a building pormit or withln a period of one (t) yoar from the date of this
resolution, whichover occurs first, Condition Nos. t and 2, above-montfoned, ~hall be complled wlth.
Extonslons for turlher time to complote sald conditions may be granted In accordance wfth Sectlon
18.03.090 of tho Anaheim Munlcipal Code.
5. That prior to fina! building and zoning inspections, Conditlon No. 3, above-mentioned, shall L-e
complied with.
6. That approval of this application constitutos approval of tfie proposed request anly to the extent that
it complies with the Anaheim Munlcipal Zoning Code and any other applfcable Cfty, Stato and Fe~+eral
regulations. Approval does not Include any action or flndings as to oompl(~nce or approval of the
request regardinc~ any otlier applicable ordfnance, regulotion or requlrement.
F!E IT ~URTHER RESOLVED that tho Anahefm City Plnnning Cummission does hereby tind
and determine that adop!fon of thls Resolution is expressly predicated upon applicant's compl(ence with
oach and all of the conditions herolnaboee set forth. Should any such condition, or any part thereof, be
declared InvaHd ~r unenforceable by tho tinal judgment of any court of competern Jurisdictlon, thon this
Resolution, and any approvals herein contained, ehall be dQemod nuif and v~id,
THE FOHEGOING RESOLUTION w~s adopted at the Planning Cammission moeting of
Octobor ;i1, 1994.
.,~' ,Q~= _,~~ ~-~-~
C AIRWOb1AN, ANAHEIM CITY PLItNNiNG COMMISSION
ATTEST• ~
~ ~ ~~~T ~~~~1=:
SECRETAR`!, ANAHEIM CITY PLANNING COMMIS.~iION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City P~enning Comm(ssfan, do hereby cc+rtity that
ihe toreflofng resolution was ~Sassed and adopted at a meeting t~f the Anahefm City °lannfng Commission
held on Octobor 31, t9J4 by :he tollowin~ voto of tho members thereof:
AYES: COMMISSIONERS: BOYDSTUN, CALDWELL, HENNINGER, MAY~R, MESSE, PERAZA, TAIT
fJOES: COMMISSIONER.~,: NOIJE
AEiSENT: COMMISSIONERS: NONE
IN WI1'NESS WH~REOF, I have herPUnt~ set my hand thfs ~( _ daY o( ~'~ `'~-• • C' '-;
t994
`~ ~~ ~~ , ~~/,,~
-- ( c"~ ~~-~'~- .
SECRETARY, ANAHEIM CITY PLANPJING COMMISSION
,~- PC~a-14a