PC 74-177- ~ ~
RESOLUTION N0. Pr74 177
A RESOLUTIOHO F ETI (ON FOR VARIANC~E NO S 628 F BEEGRANTEDANN PART
NHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petit~ Owne );~a J ERRY STAN LEY ,
GEORGE PARRISH, 11322 Newport Avenue, Santa P,na, California 927o5, ~
329 North State College Boulevard, Anaheim, California 9z806 (Agent) of certain real
property situated in the City of Anaheim, County of Orange, State of California, describec'
as Lot 97 of Tract No. 1565, as shown on a map thereof recorded in Book 49, Pages 20
to 24 inclusive, Miscellaneous Maps, records of said Orange County; and
WHEREAS, the City Planning Commission did hold a public hcaring at the City Hall in the City of Anaheim on
August 19, 1974 at 2:00 o'clock p.m., notice of said public hcaring having been duly ~iven as required by law and
in accordance with the prov's:~ons of tlie Anaheim Municipal Code, Chapter 18.68, to hear and consider evidence for and against said
proposed variance and to invastisat: and make findings and recommendations in conner,tion thercwith; and
WHEREAS, said Commission, after duc inspection, investigation, and study madc by itself and in its bchalf, and aftcr dur,
consideration of all evidence and reports offered at said hearing, does find and determine the following faccs:
1. That the petitioner requests a variance from the Anaheim Municipal Code: to e5 tab 1 1 sh a eommet'e i a 1
offlce building:
'a; SECTION 18.40.070(2)(a)1 - Minimum buildin setback abuttin an arterlal hi hwa .
10 feet required; 0 feet and feet proposed)
'b. SECTION 18.40.070(2)(a)3 - Minimum setback area landsca in -(3 feet required;
2 feet.proposed
~;c; SECTION 16.40.070(9)(a) - Re uired artertal ht hwa dedication. (45-foot half-width
required; 0-foot half-width proposed)
2. That Waiver 1-a, above-mentioned, is hereby denied on the basts that less than a
10-foot setback from an arterial highway would obstruct the view for the traffic, and
particularly at the subJect intersection; and, further, that approval of said waiver would
set a dan9erous precedent.
3. That Walver 1-b, above-mentioned, is hereby denied on the basis that since Waiver
1-c (below) is granted, said watver cf the minimum setback area landscaping would no longer
be necessary.
4. That Waiver 1-c, above-menticred, is hereby granted on the basis that the
Engineering Division indicated that satd additional dedicatton on Broadway at the subject
}ocation was unnecessary.
5. That there are exceptional or extraordtnary circumstances or conditions appli-
cable to the property involved or to the intended use~ as granted~of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
6. That the requested variance, as granted, is necessary for the preservation and enjoy-
ment of a substantial property right possessed by other property tn the same vicinity and
zone, and denied to the property in question.
7. That the requested variance, as granted, will not be materially detrimental to
the pubtic welfare or inJurious to the property or improvements in such vicinity and
zone in which the property is located
V1- ~ -1 - RESOLUTION N0. PC74-177
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f3. That no one Indicated their presence at sald public hearing in opposition;
however, one letter, signed by four (4) persons in opposltlon to subject petition,
was receivod.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Director of Development Services has determined that the proposed activity
falls within the definttion of Section 3.~~. Class 5 of the City of Anaheim Guidelines
to the Requirements for an Environmental Impact Report and ls, therefore, categorically
exempt from the requirement to file a~ EIR.
NUW,THEREFORE, B~ IT RESOLVED that the Anaheim City Planning Commission does hereby
grant in part subject Petition for Variance, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subJect property
in order to preserve the safety and generai welfare of the Cttizens of the City of
Anaheim:
(i) That the owner(s) of subject property shall deed to the City of Anaheim a strip
of land 53 feet in width from the centerline of the street along State College Boulevard
for street widening purposes.
(2) That the owner(s) of svbJect property shatl pay to the City of Anaheim the sum
of $2.00 per front foot along Broadway ~nd State College Boulevard for street lighting
purposes.
(3) That the owner(s) of subject property shall pay to the City of Anaheim the sum
of 60C per front foot along Broadway and State College Boulevard for tree planting purposes.
(4) That trash storage areas shall ba provtded in accordance with approved plans
on file with the office of the Director of Public Works.
(5) That fire hydrants shall be installed and charged as required and determined to
be necessary by the Chief of the Fire Department prior to commencement of structural framing.
(6) That all air-conditioning facilities shall be properly shielded from view, and
the sound buffered from adjacent properties.
(7) That subject property shall be servecl by underground utilities.
(8) That drainage of subject property shall be disposed of in a manner sa+isfactory
to the f,ity Engineer.
(9) That this Variance is granted subJect to the completion of Reclassification No.
62-63-z9, now pending.
(10) That subject property shall be developed substantially in accordance with ptans
and specifications on ftle with the City of Anaheim marked Exhibit Nos. 1 and 2.
(11) That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with prfor
to the commencement of the activity authorized under this resolution, or prior to the time
that the buflding permit is issued, or wtthin a period of one year from date hereof,
whlchever occurs first, or such further time as the Planning Commission or City Council
may grant.
(12) That Condition Nos. 4, 6, 7, 8 and 10, above-mentioned, shall be complied with
prior to final building and zoning inspections.
THE FOREGOING RESOLUTION is signed and a' oved e his~h day of August 1974.
CH IRMAN NA CIT ANNING COMMISSiON
A T:
~~Li~~~~.
SECRETARY ANAHEIM CITY LANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
City Planning Commission of the City of Anaheim, held on August 19, 1974, at 2:00 o'clock
P.M., by the following vote of the members thereof:
AYES: COMMISSIONERS: GFUER, JOHNSON, KING, MORLEY, TOLAR, HER85T
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FARANO
IN WITNESS WHEREOF, I have hereunto set my hand this 1$th day of August 197~+•
~~~~ ~,~ ,~~~, ~~~
SECRETARY ANAHEIM CITY PLANNING COMMISSION
V2-6 _Z_ RESOLUTION N0. PC74-177