PC 76-232~ ~
RESOlUTION N0. PC76-232
A RESOLUTIOM OF YHE A~~AHEIM CITY PLANNING COMMIS510~1
THAT PETITION FOR VARIANCE N0. 2869 BE GRANTED, IP! PART.
WH'cREAS~ the Anaheim City Planning Co~nission did receive a verified Petition
for Variance from WILLIAM AND JUDITH BROOKER~ 1441 Red Gum Street, Anaheim, California
92806 (Owners); STEVE CURCIE, 597t E. Marsha Circle, Anaheim, California 92806 (Agent)
of certain real property situated in the Ctty of Anaheim, County of Orange, State of
California described as:
That portion of Lot 42 of Hazard's Subdtvision, tn the City of Anaheim, as shown on
licensed surveyor's map flled in book i, page 26 of Record of Surveys. in the
office of the Recorder of said county, described as:
Lyin9 south and east of the southeasterly line of the right of way conveyed to the
Southern California Railway Company by deed recorded August 12, irq3 in book al,
page 346 of Deeds.
Exepting from the above-described land that po~tlon thereof lying Southerly of the
Nertherly side of 11ira Loma Avenue as described in deed recorded March 21, 1962, in
book 6046, page 295 of Official Records of said County of Orange,
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in tne Ctty of Anaheim on November 8, 1976, at 1:30 p.m., notice of said pubiic
hearing having been duly given as required by laa! and in accordance with the provislons
ofi 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 connectioia therewith; and
WHEREAS, said Cammission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all e~~idence and reports
offered at said hearing, does find and determine the following facts:
1. That the petltloner proposes the following waivers fran the Anaheim
Municipal Code~ to cons~ruct an industrial building:
a. SECTION t$,61.063.01i - Minimum Front Setback. (50 feet
requ red; 25 eet propose~-
b. SECTION 18.61,063.011 - Minimum Landsca~in~c. (10 feet requtred;
none proposed
2. That Watver 1-a, above-mentio~ed~ is hereby granted to permit a rninimurn
25~foot buildtng setback on the basis that a hardship exists due to the irregular shape
and size uf the s~~bJect property and, furthermore, nearby pro~erties on Miraloma Avenue
ar~ developed with slmilar setbacks.
3. That Walver 1-b, abov~-mentioned, is hereby granted in part on the basts
that the petitloner stipulated to providing 5-feet of landscaping adJacent to Miraloma
Avenue tn addition to the proposed landscaping within the perking area.
4. That the petitloner stipulated that any outdaor storage on the subJect
property would be completely screened from public view and located outside the required
setback areas, and woutd be in complete compliance wiCh Code standards.
5, That there are exceptional or extraordinary circumstanees or cor,ditlons
applicable to the property involved or to the intended use, as granted, of the property
that do noe apply generally to the property or elass of use in t{se same vTcinity and
zone.
b. 7iiat the requested variance, as granted, is necessary for the
preservation and enJoyment of a substantial property right possessed by other property
in the same vicinity and zone, and denied to the property in quPStion.
7, That the requested varlance~ as granted, wlll not be materi~.lly
detrimenta'I to the public welfare or inJurious to the property ~~r improvements in such
vict~ity end zone tn which the property is located. '
r
~3. That no one lndieated the~r presence at sald public hesrTng tn
opposlt?oh; and that no correspondence was received in oprosttton to subJect petition.
RESOL4ITION N0. PC76-232
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ENVIRONMENTAL IMPACT REPOFT FINDING; That the Anahelm City Pianning
Commisston does hereby recommend to the City Council of the City of AnaheTm that a
negative declaration from the requlremant to prepare an environmental impact report be
approved for the subJect proJect~ pursuant to the provisions of the California
Environmental Quality Act.
NOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commisston does
h~reby grant~ in part, subJect Petl:lon for Variance, upon the following conditions
which are hereby found to be a necessary prerequisite to the proposed use of the
subJect property ln order to preserve the safety and general welfare of the Cttizens of
the Ctty of Anahelm:
1. That the owner(s) of subJect property shall deed to the Ctty of Anaheim a
strip of land 45 feet in width from the centerline of the street along Jefferson
Street for street widening purposes.
2. That all engineering requlrements of the City of Anaheim along Jefferson
Street and Miralana Avenue~ Tncluding preparation of improvement plans and
l~stallatlon of all improvements~ such as curbs and gutters, sidewatks, street grading
and paving, drainage facilitles or other appurtenant work, shall be complled wTth as
requlred by the City Engineer and in accordance with standard plans and speclficatlons
on file in the Office of the City Engineer; that street lighting facTlTties along
Jefferson Street and Miralama Avenue sha~l be installed as required by the Dlrector of
Public Utilitles, and in accordance with standard specifications on flle i~~ the Offtce
of the Dlrector of Public Utilltles; and/or that a bond, certificate of depostt~ letter
of credit~ or cash~ in an amount and form satisfactory to the City of Anahelm shatl be
posted wTth the City to guarantee the installatlon of the above-mentloned requtrements.
3, That the vehlcular access rignts, except at street and/or alley openings,
to Miraloma Avenue shali be dedlcated to the City of Anahetm.
4. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Public Works.
5. That subJect property shall be served by underground utllitles.
6. '1'hat drainage of suhJect property shall be disposed of in a manner
satisfacCory to the City Engineer.
7. In the event that subJece property is to be divided for the purpose of
sale~ lease, or financi~tg~ a parcel map, to record the approved division of subject
property shiall bP submitted to and approved by the City of Anaheim and then be recorded
in the offlce of the Orange County Recorder.
8, That approprlate water assessment fees as determined by the Dtrector of
Public Utilit.ies shall ba pald to the City of Anahetm prior to the issuance of a
buildinry pt~mit.
9. That this Varlance is granted subJect to t~~e ~ompletion of
Rer,iasslflcatlon No. 61-62-69, now pendtng.
70. That subJect property shall be developed substantlally ln aca~rdance with
plans and specl'Ficatlons on file wTth the City of Anaheim marked Exhiblt No~. 1 and 2;
provided~ however, that 5-feet of landscepirsg shall be provided adJacent to Miralorna
Avenue; as stipulated to by the petitioncr.
11. That Condition Nos. 1~ 2. 3, 7 and 9~ above-mentioned~ shall be comp1led
with prior to the commencement of the activity authorized under thls resolutlon~ or
prlor to the time tf~a4 the bullding permit is issued, or within a perlod o` one year
from date hereof, wfilchever occurs ftrst, or such further time as the Planning
Cam+Issit,n a~dlor Ctty Councll may g~ant,
12. Tha*_ ~~riditton Nos. 4~ 5~ 6 and 1(1~ above-mentioned~ shall be complled
!~!!:~ prior to fina) buliding and zoning inspections.
13. That any outdoor storage shalt be completely screened from public view
and out of requlred set5ack areas in strict ca~+pllance with Code standards, as
stipulated to by the petitioner.
_Z. RESOLUTION N0. PC76-232
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THE FOREGOING RESOLUTION is stgned and approved ~ me his $th day of
November, 1976.
~
CHAIRMAt~~ AtJAHEI CITY PLANNINr, COMMISSION
A17EST:
~ , _,~~'c,/
SECRETARY, ANAHEIM CITY PLANNING COMMISSfUtV
STATE OF CALIF~JRNIA )
COUNTY OF ORANGE )ss.
~ITY OF ANAHEIM )
I. Patricia B. Scanlan, Secretary of the Anahetm City Planning CommissTon, do
hereby certify that the foregoing resolution was passed and adoF~ted at a meeting of th~
Anahelm City Planning Comm;sslon, held on November 8, 1976. at 1:3Q p.m„ by the
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES~ FARANO, HERBST~ KING, MORLEY, JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLAR
!N WITNESS WFIEREOF, I have hereunto set my hand thls 8th day of November
1976.
• ~ . ~ Gz~c-ot-r~c~
SECRE ARY, ANAHE~M CITY PLANNING COMPIISSION
-3- RESOLUTION N0. PC.76-232