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PC 74-131~ , RESOLUT~ N0. PC74-131 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITI~JN FOR VARIANCE N0. 2613 BE GRANT~D IN PART WHEREAS, the City Planning Commissien oC the City of Anaheim did receive a verified Fetition for Variance f'rom DUNN PROPERTIES, INC., 2009 East Edinger Avenue, Santa Ana, California 92702, Owner, of certain real property situated in the City of Anaheim, l'ounty of Orange, State of California, a.s described in Exhibit "A" attached hereto and referred to herein as though set forth in full WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anahcim on June 24, 1974, at 2:00 o'clock p.m., notice of said public hearing h.aving bcen duly ~iven us required by law and in accordance witli the provisions ot thc Mahcim Municipal Code, Chapter 18.68, to hear and consider evidence for and against said proposed variance and to investigate and makc Gndings and recommendaUons in connection therewilh; and WHEREAS, snid Commission, akcr due inspection, investigation, and study madc by itsclf and in its bchalf, and aftcr duc consideration of all evidence and reports offered at said hearing, does find and d~~ermine the foflowing facts: 1. That the petitianer rcquests the following ~.variances from tlie Anaheim Municipal Code, to construct an of.fice building to serve the genera~ publi.c: (a) Section 18.04.090(1-Q) - Maximum heiRht of block wall. (2 feeL permitted; 6 feet proposed) (b) Section 18.52.020 - Permitted use4 in the M-1 zone. (Offices with service to the general public not permitted) (c) Section 18.52.060 2-a)1 - Minimum buildinK aetback from arterial highway. ' (50 feel• required; 18 feet pr~posed) (d) Section 18.62.090B(1) - Minimum diatance between free-stand3nR siqns_, (300 feet required; 216 feet proposed) (e) Section 18.62.090B(1) - Meximum number of free-standing si~ns. (one aiRn pennitted; two signs proposed) (f) Section 18.62.09~B(5) - Location of free-atandinq siAn. (107 feet to adjacent parcel required; 83 feet proposed) 2. That Waiver 1=a, above-mentioned, is hereby granted on the baeis that said wall wouid aerve to protect and/or bufEer the M-1 zoned property to the north since the herein requested use was generally a commercial use. 3. That Waivers 1-b and 1-c, above-mentioned, are hereby granted on the basis that the parcel to the south of subject property was recommended for C-1 zoning by the Planning Commisaion and, therefore, the reque:;ted use and setback would be compatible, and would provide a transition between the exieting M-1 property Co the north and the approved C-1 development to the oouth. 4. That the petitioner stipuluted to withdrawal of Waivers 1-d, 1-e and 1-f, above- mentioned, and to complying with the sign ordinance. 5. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use as grar.ted of the property that do not apply generally L•o the property or class of use in the same vicinity and zone. 6. That the requested varianc~a as granted is necessary for the prea~ervation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied Co rhe property in question. 7. That the requested variance as granted will not be materially detrimental to the public welfare or injuriouu to the property or improvements in such vicinity and zone in w:ticn the property is iocated. V1-G -1- RESOLVfION N0. PC74-131 • ~ . . ~ ' ~ . +,. ~ ~ ' ' WILLIAMSON and SCHMID ~ i'~ avacNCiNCUs . ~~ ~~' 1535 EAST FIRST STREET . SANTA ANA. CALIFORNIA 92701 ' L. ' ~ . ~ ~~M:. PNOnc 547-3986 t' . t`; . ~ t~ . ~;~~~~~i~ "~» ' ~asoo .. `'' 4-23-74 Revised . ..5-1-74 T~NTATIVE LEGAL DESCRIPTTON LOT 3, TENTATIVE TRACT 8660 • , ~~.--«*.-:< ~'. . ~ . . That portion of Parcel 2 in the City of Anaheim, County of Orange, State of California, per map filed in Boo:c 50, Page 21 of Parcel ~ Maps in the of£ice of the County Recorder oi said County, des- ' cribed as follows: Beginning at the Southeasterly corner o~ the land shown as Parcel 1~n said map; thence South 9° 1~' 36" East 268.13 feet along the Easterly line of said Parcel 2 to °r.he beginning of a tangent curve concave Northwesterly and having a radius of 25.C0 feet; thence • Southwesterly 38.47 feet along said curve through a central angle ~ of 88° 09' 52" to a reverse curve concave 5outherly and having a radius of 457.00 feet; thence Westerly 191.20 feet along said • curve thsough a Eentral angle of 23° 58' 16"; thence North 44° ~.~' 30~~ Y7e.~~k ~3.di feet; thence North 0° 1~1' 36" West 208.91 feet; l~~mce ~orth ~9° ~l5' 24" East 31.50 feet; thence North 0° 14' 36" ~~egr.;,1~~.00 ~e~'t tE the Southerly iine of said Parcel 1; thence NOrtt~ ~39° 43' 24" saast 193.00 feet along said Southerly,line to ~ th~ ~8~';n~ ~£ b~~ji~i~'~L~ • • , ~++m.,-°'"..,~-~.' ~ontai~:jin~ an ~Lea of 1.506 acres, more or less. ~ ~~j;•^•71•72~ .. ~~, ~ ~QS . ,~° MAY 1974 ~ ~; RECEiVED ° ~• zor~~~+c c- nrva~orv . ~? ci y;~ r°~e~ai n9~`/ ~ ~~n,!~lA~!rF h!Q. ?C., ~ "~ STRUCTURES • HYDRAULiCS • SURVEYItlG • LANO PL~NPII~IG • HIGHWAY CONSULT~~:~S r • ENVIROFMENTAL IMPACT REPORT FINDING: C~ That on May 13, 1974, the Planning Co~isaion recommended Environmentai Impact Rerort No. 123 to the City Council for certification, said EIR having heen submitted in conj~mcttcm with Reciasaification No. 73-74-55 which included the subject property. NOW, TIiEREFORE~ BE IT RESOLVED that the Anaheim City Planning Coaanisoion doert hereUp grant subject Petition for Variance, upon the following conditions which are hereby fouitd to be a necessary prerequisite to the proposed usE of the subject property in order to preserve the safety and general welfare of the Citizene of the City of Anaheim: 1. That aidewalks ahall be installed along Magnolia Avenue ae required by the City Engineer and in accordance with standard plans and apeciiicationa on file in the Office oi the City Engineer. 2. That appropriate water aesessment fees ae determined by the Director of Fublic Utilities ahall be paid to the City of Anaheim prior to the issuance of a building permit. 3. In the event that subject property ia to be divided for the purpnse of sale, lease, or financing, a parcel map or tract map to record the approved diviefon of. subject property shall be submitted Co and approved by the City of Anaheim and then be recorded in the Office of t~~e Orange CounCy Recorder. 4. That a~ibject property ehall be aerved by underground utilities. 5. That fire hydrante ehall be inetalled and charged as required and determined to be necessary by the Chief of the Fire Depertment prior to commencement of s[ructurel iraming. 6. That street lighting facilities along Magnolia Avenue and the new street shall be installed as required by the Director of Public Utilities end in accordancr. vith stendard plans and specifications on file in the Office of the Director of Public Utili:ies; and that a bond in an amount and form satiafactory to r.he City of Aneheim shall be posted with the City to guarantee the installation of the above-mentionEd requlreme~ta. 7. That trash storage areae ahall be provided in accordance with approved plans on file with the OEfice of rhe Director of Public Works. 8. That all air-conditioning facilities shall be properly ahielded from view, and the sound buffer.ed from adjacent propertiea. 9. That subject property shall be davelaped eubetantially in accordance with plane and specificationa on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4, end 5. 10. That the vehicular access rxghte, except at approved acceae points, to Magnolia Avenue shall be dedicated to the City of Anaheim. 11. That Condition Nos. 6 end 10, above-menCioned, ahell be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit ie isaued, or vithin a period of one year from the date hereof, whichever occurs firat, or such further time ea the Plenning Commiseion or City Council may grant. 12. That Condition Nos. 1, 4, 7, 8 and 9, above-mentioned, shall be complied with prior to final building and zoning inepectione. THE FOREGOING RESOLUTION is aigned and approved by me thie 24th day of June 1974. ~~~ CHA'LRMAN ANAHEIM CITY PLAN ING COML~tISSI AT T: ~~..~w ~. . ~ ~~ ~ SECRETARY AIY4HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Plonning Commiaeion of the City of Anaheim, do hereby certify that the foregoing resolution was passed nnd adopted at a meeting of the City Planning Commisaion of ttie City of Anaheim, held on June 24, 1974, at 2:00 o'clock p.m., by the following vote of the membera thereof: AYES: COMMISSIONERS: COMPTON, FAItANO, JOHNSON, MORLEY, GAUER NOES; COMPSISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST, KING IN WITNESS WHEREOF, I have hereunto set han~d thie 24th day of June, 1974. ~~;:~ ~ ~-~..~~ SECRETA~R't ANAHEIM CITY PLANNLNG COMMISSION V2-G -2- RESOLUTION N0. YC74-131