Resolution-PC 98-154RESOLUTION NO. PC98-154
A RESOLUTION OF THE AMAHEIM CITY PLANNING COMMISSIQN
THAT PETITION FOR VARIANCE NO. 4347 BE GRANTED, IN PAR7
WHEREAS, the Anaheim City Planni~g Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 4
SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN IN THE
RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, A8 SHOWN O~ A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECVRDS OF ORANGE
COUNTY, CALIFORNIA, DESGRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SOUTHWEST
QUARTER DISTANT THEREON SOUTH 89° 42' 15" WEST 310.00 FGET
FROM THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER, SAID
POINT ALSO BEING THE SOUTHWEST CORNER OF "NOT A~ART OF THIS
SUBDIVISION' AS SHOWN ON THE MAP OF TRACT NO. 2426, FILED IN
BOOK 72, PAGES 30 AND 31 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA, THENCE ALONG THE BOUNDARIES OF
SAID "NOT A PART' THE FOLLOWING CURSES: NORTH 0° 17' 45" WEST
164.64 FEET TO A POINT ON A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE THROUGH SAID POINT
BEARS SOUTH 26° 15' 59" EAST; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 38° 57' 57" AN ARC DISTANCE
OF 98.61 FEET; THENCE NORTH 89° 59' S5" EA5T 1 i3.35 FEET TO A POINT
IN A LINE PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST
QUARTER AND DIS'i ANT WESTERLY THEREFROM, MEASURED AT RIGHT
ANGLES, 130.0~ FEET; THENCE SOUTH 0° 0" 05" EAST ALONG SAID
PAR,4LLEL LINE 233.00 FEET TO THE SOUTti LINE OF SAID SOUTHWEST
QUARTER OF SAID SECTION; THENCE SOUTH 89° 42' 15" WEST ALONG
SAID SOUTH LINE 180.00 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 31, 1998, at 1:30 p.m., notice of said public hearing having been duly c~iven
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 that the hearing was continued to the
meetings of September 14 and September 28, 1998; and
WHEREAS, said Commission, after due inspection, investigation an~3 study made by
itself and in its behalf, and after due consideration of all evidence and reports offere~i at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waivers of the followiny to estabiish a lwo lot RS-7200
subdivision:
(a) Section 1826.065.010 - Reauired orientation of sinqle-fa•nily residential :,tructures.
(b) Section 18.26.061.020 - Minimum lot width.
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(c) Sections 18.04.020.023 - Minimum lot depth adjace~t t^ arteriai niohways
and 18.26.060 120 feet required adjacent to 8all Road; .
75 feet proposed for Lot No. 2)
2. That waivers (a) and (b), required orientation of single-family residential structures and
minimum lot width, are hereby den;;a on the basis that the project was redesigned foliowing pubiic
notification, thereby eliminating the need for said waivprs.
3. That waiver (c), minimum lot depth adjacent to arterial highways, is hereby granted on the
basis that there are speciai circumstances applicabie to the property consisting of size, shape, location
and surroundings which do not apply to other identically zoned properly in the vicinity and that strict
applicaticn of the Zoning Code deprives this property of privileges enjoyed by other RS-7200 zoned
properties in the vicinity because the shape and size of Lot No. 2 differs from the typical shape and size of
other RS-7200 zoned lots in the area in that it is more than twice as large (13,500 sq.ft.) and nearly three
times wider (and therefore shallower in depth) than surrounding RS-7200-zoned lots which are only 100
feet deep and 63 feet wide (6,300 sq.ft.) and are, therefore, smaller than required by the RS-7200 Zone
development standards.
4. That there are exceptional or extraordinary circumstances or conditions applicable to the
property involved th~,t do not apply generally to other properties in the same zone and vicinity.
5. That the requested variance, as approved, is necessary for the preservation and
enjoyment of a substantial property right possess~.i by other property in the same vicinity and zone, and
denied to the property in question.
6. That the requested variance, as approved, will not be materially detrimental to the public
weliare nor injurious to the property or improvements in such vicinity and zone in which the property is
located.
7. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of required orientation of single-family
residential structures, minimum ~ot width and minimum lot depth adjacent to arteriai highways to establish
a 2-lot, RS-7200-zoned subdivision on a 0.72-acre, irregularly-shaped property having a frontage of 180
feet on the north side of Ball Road, a maximum depth of 183 feet and being located 128 feet west of the
centerline of Nutwood Street (1915 Wesf Sall Road); and does hereby approve the Negative Declaration
upon finding that the declaration reFlects the independent judgment of the Iead agency and that it has
considered the Negative Declaration together with any comments received during the public review
process and furlher finding on the basis of the initiai study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, in part, upon the following conditions which are hereby
faund 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:
That this Variance is granted subject to adoption of a zoning ordinance in connection with
Reclassification No. 98-99-03, now pending.
That in the event that (i) Ball Road is widened to its ultimate ~vidth or (ii) access to this property from
either existing driveway on Ball Road is eliminated or (iii) the existing circular driveway is
eliminated, access to this property shall be provided via a twenty (20) foot wide access easement
along the west property line of Lot No. 1 from Emerald Street.
CR3442PK.DOC -2- PC98-154
3. That subject property shall be developed substantially in accordance with plans and specifications
submit#ed to the City of Anaheim by the petitioner and which plans are on file with the Pianning
Department marked Revision No. 1 of Exhibit No. 1, and as conditioned herein.
4. Tha; prior to commencement of the activity authorized by this resolution, or prior to issuance of a
buiiding permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition No. 1 and 2, above-menYioned, shal! be complied with. Extensions for further time
to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code. Further, if an extension of time is requested for the alcohol sales portion of this
request, it shall be considered at a noticed public hearing.
5. That approval of this application constitutes approval of the proposed requesf only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions 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 nd void.
THE FOREGOING RESOLUTION ~siadl pted at th Planning Commission meeting of
September 28, 1998. V r (
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CHAIRPE SUN, AN . EIM'CITY PLANNING COMMISSION
ATTEST:
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SECRETARY NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that ihe foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held an September 28, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTNi1CK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WILLfAMS
~~51 ~ r, „ IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~I~QbQ,{C.~ , 1998.
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SECRETAR ANAHEIM CITY PLANNING COMMISSION
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