PC 75-78~I ' ~ ~
RESOLUTION N0. PC75-78
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETlTION FOR VARIANCE N0. 2691 BE GRANTED.
WNEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from R. S. AND JAN W. MINNICK, 12269 Sky Lane,
Los Angelas, California 90049 (O~~er); K. TIMOTHY 0'BRIEN, 17981 Sky Park Circle,
Suite J, Irvine, California 92707 (Agent) of certain real property situated in
the City of Anaheim, County of Orange, State of California, described as:
The North 200 feet of the West 200 feet of the Northwest quarter of the Northwest
quarter of Section 19, Township 4 South, Range IA West, in the Rancho Los Coyotes,
as shown on a Map recorded in Book 51, Page 10 of Miscellaneous Maps, Records of
said Orange County; and
WHEREAS, th~: City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on April 14, 1975, at 1:30 p.m., notice of said
public hearing having bee~ duly given 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
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and
reports offered at said hearing, does find and determine the following facts:
l. That the petitioner requests the following waivers from the Anaheim
Municipal Code, to establish an automotive diagnostic and service center:
a. SECTICN 18.44.020 - Permitted uses. (Automobile diagnostic and
service center rot permitted in "CL" Zone)
b. SECTI6N 18.44.064.020 - Maximum access drive width. (30 feet
permitted; 35 feet existing)
?. That Waiver 1-a, above-mentioned, is hereby granted on the basis that
the proposal will upgrade the site.
3. That Waiver J-b, above-mentioned, is hereby granted to retain two of the
four existing driveoiays which are 35 feet in width, on the basis that said driveways
are existing and the petitioner stipulated to closing off the two driveways closest
to the intersection, one being on Magnolia Avenue and one being on Ball Road, said
driveways to be replaced with full height curb and gutCer and sidewalk.
4. That the petitioner stipulated to providing continuous landscaping from
the westerly side of the permitted driveway on Ball Road to the northerly side of
the permitted driveway an Magnolia Avenue.
5. That the petitioner stipulated to providing trash storage areas in accord-
ance with approved plans on file with the office of the Director of Public Works.
h. That there are exceptional or extraordinary circumsta~ces or conditions
applicable to the property involved or tn the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
7. That the requested variance is necessary for the preservation and enjoy-
ment of a substantial property right pussessed by other property in the same vicinity
and zone, and denied to the property in question.
8. That the requested variance wili not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in
which the property is located.
9. That no one indicated their presence at said public hearing in oppositior
and no correspondence was received in opposition to subject petition.
RESOLUTION N0. PC75-78
~I~JIRONMENTAL IMPACT REPC~ FINDING: ~
~
That the Director of Deve!opment Services has determined that the p~op
activity falls within the defin~tion of Section 3.01, Class 1 of the City o. heim
Guidelines to the Requirements for an Environmental Impact Report and is, th 'ore,
categorically exempt from the requirement to file an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissio~ ioes
hereby grant subject Petition for Variance, upon the following condltions wh~ h are
hereby found to be a necessary prerequisite to the proposid use of the subjec:
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That the owner(s) oF subject property shall deed to the City of Anaheim a
strip of land 53 feet in width from the ce~terline of the street along Ball Road and
Magnolia Avenue for street widening purposes.
2. That the owner(s) of subject proper[y sha11 pay ta the City of Anaheim the
sum of $7..00 per front foot alon9 Magnolia Avenue for street lighting purpose=..
3. That any signing shall be in accordance with Code requirements.
4. That trash storage areas shall be provided ir. accordance with a?proved plans
on file with the office of the Director of Public Works, as stipulated to by the
petitioner.
5. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and
2, provided, however, that the two (2) driveways closest to the intersection, one
being on Magnolia Avenue and one being on Ball Road, shall be removed and replaced
with full height curb and gutter and sidewalk, as stipulated L•o by the petitioner;
and further, lhat continuous iandscaping shall be provided from the westerly side of
the permitted driveway on Ball Road to the northerly side of the permitted driveo-ray
on Magnolia Avenue, as stipulated to by the petitioner.
6. That Conditio~ Nos. 1 and 2, above-mentioned, shal~ be complied with prior
to the commencement of the activity authorized under this resolution, or prior to
the time that the building permit is i.ssued, or within a period of one year from
date Nereof, whi~hever occurs first, or such further time as the Planning Commission
and/or City Council may grant.
7. That Condition Nos. 3, ~ and 5f above-mentioned, shall be complied with
prior to final building and zoning inspections.
THE FOREGOING RESOLUTION is signed and approved by me this 14th day of April,
1975•
N, AN i LANNING COMMISSION
ATTEST:
(~~~,~ ~ ~~- -~~.../
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY Of ANANEIM )
I, Patricia 9. Scanlan, S~ecr~:tery of the City Planning Commis~ton of the City
of Anaheim, do hereby certify tlvat 'the;foregoing resolutian wa,s aaSSeC and adopted
at a meeting of the City Planning Comrnission of the City of ~naheTrn held on April 14,
1975, et 1:30 ;~ o by the following vAte of the members thereof:
AYES: COM.'~ISSICINERS: GAUER, JaNt~SON, KING, MORLEY, TOLAR, HERBST
NOES: COMMISSI~)NERS: NONE
ADSENT: COMHISSIONERS~: FAFtANO
IN WITNESS ~dHEREOF, I have hereunto set my hand this 1Wthiday of April, 1975.
~--~~~~u~
SECRETARY, ANAHEIM C1TY'PLANkIN6 COMMISSION
-2- RESC!.!iTION 'r10. PC75-78