PC 76-254~ ' ' ~
RESQLUTION NJ. PC76-254
A RESOLUTIOPI OF TIfE ANhHEItt CITY PLANNIPIG LOMMISSION
THP.T PETITIQN FOR VARIANCE ~~0. 2874 BE GRANTED, I~~ PART
WIIEREAS, the Anaheim City Planning Commission • did receive a verified
Petition for Variance from BERIJARDO M. A"!D NARGARET L. YUR9A, 125 South Claudina
SCreet, Anaheim, Califorr.ia 92&05 ~a+ners) and RON ALL.E1~, 5556 Eas[ Santa Ana Canyon
Road, Anaheim, Cal?fornia 92807, fiIRAM A. DEFRIES, 26486 Veracruz Lane, Mission
Viejo~ California 92fi75, and TiiOMAS L. WOODRUFF, 1055 North Main Street, rN1020, Sa~ta
Ana, California 927~1 (A9ents) of certain real property situated in the City of
Anaheim~ County of Orange, State of Cai.iforni~ described as: .
Parcel 3, as slioo-Jn on a map filed in book 50, page 36 of ~arcel Maps,
records of said Orange County.
WIIEREAS, the Cfty Plannin9 Corimission did schedule a public hearing at cne
City tfall in the City of Anaheim on November f3, 1976, at 1:30 p.m., notice of said
public hearing havin9 been 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 findbeen
and recommendations in connection therewith; said public hear,ing hav(ng
conti~ued to the ?lanni~g Commission meeting of December 6, 1976;~and
W{IEREAS, said Commission, after due inspection, investigatton and study made
by itself and in its behalf, and after due corzsideration of all evidence and repor[s
offered at said hearin9, does fi~d and d~tennine the following facts:
1. 7hat thA petitionzr proposes the following waivers from the Anaheim
Munlcipal ~ode, to construct se!f-service gasoline pumps and two o°'rice buildings:
(a) SECTION 18.~~4.062.011 - Maximum building hei ht. (0 feet permitted;
13 •eet an eet propose~d}-
(b) SECTION 1£i.S4.OG1.Q4Q - Permitted uses.
(c) SECTION 1(3.£l~~.OG2.011 ' M~~OO~feet'requlredtb25kfeet propose~lesswa
(d) S[CTION 13.811,pG2.012 - tllnimum butldtng setback from an arterial
hiqhwa . 50 ect required; 2D eet and
1 feet proposed
(e) SECTI011 18.84.Q62.bl~i - Minimum la~dsca ed setback from an arterial
i9hwaY•
(f) SLCTIOIJ lA.A4.D62.(ll~a2 - Minimum landsca ed setbaek from a resiciential
zonc. 0 ect requlre ; 0 eet proposed
(g) SECTION 18.34.OG2.0~~0 - Prohibit_ed signin9. (1 free-standing slgn_
proposed;~ree-standir~g siqns nnt pcrmitted
in the Scenic Corridor)
2. That Waiver 1-a, above-mentioncd, is hereby granted on the basis that,
although the adJacent property to the east is zoned residentially= said property is
devetope'd with a public school in the RS-A-43,000(SC} Zone.
3, That Waiver 1-b, above-mentioned, is no longer necessary since reviscd
plans were submitted deleting the service station from the proposed development.
4, That Waivers 1-c and 1-d, above-menttaneJ, are hereby granted on the
basis that tne petitioner demonstrat=d that a hardship a~ould be created if said
waivers were noL' granted, duie to the size and shape of the sub)ec•, property; and,
furthermore, another development: in the tnmed"+ate area was granted a simi{ar setback
adJacent to Santa Ana Canyon Roeid.
RESOLUTION M0. PC76-254
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5, That Waiver 1-e, above-mentioned, ds no 7onger necessary on the basis
that revised plans were submitted indicating landscaped setbacks adjacent to public
streets, in compliance with said Code requirement.
6. That Waiver 1-f. above-mentioned~ is hereby granted on the basis that,
although the adJacenC property to the east is zoned residentially, said property is
developed with a public school in the RS-A-43,000(SC) Zone.
7, That Naiver 1-g, above-r.:entioned, was withdrawn by the petitloner with
the stipulation to comp!y with all signing requirements of the Scenic forridor Zone-
Overlay.
8, That the petitioner stipalated to perpetually malntalning che
landscaping in the rlght-of-way adJacent to Santa Ana Ca~yon Road and Imperlal
Nighway.
9, That the petitioner stipulated that the use of the pnoposed structures
will be solety for b~siness offices and will exclude any medical uffices, medical
laboraCories, or related uses, and also shall exclude any commer~ial-retaii uses, or
other commercial uses having parking requirements exceeding the number of spaces
provided fo- ths proposed offica buildings.
~ 10. That the petitloner stipulated to modifying the median cut located in
~~^-.~ria1 Highway near the southern boundary of the subJect prop~rry znd Co
constructing a new median cut shown on the submitted alans to align with the proposed
driveaiay on subject property and the existing driveway on the westerly side of
Ir.;perial Ifighway, the cost of which is to be borne entircly by Che petitioner, and
~aid modtftcations to be reviewed and approved by the City Traffic Engineer.
11, That tr~e petitioner stipulated to submitting ~recise landscaping plans
for Plannfng Commission review and approval.
12, That there are exceptional or extraordinary circumstances or condittons
applicable to the property in:rolved or to the intended use, as granted, of the
property that do not apply 9enerally to the property or ciass of use in the same
victnity and zone. '
13, That the requested variance~ as granted, is necessary for the
preservation and er.Joyment of a substantial property right possessed by other
property fn the same vicinity and zone, and denied to the property in que~tion.
14, That the reques~ed variance~ as granted, will not be materlally
deYrimental to the. public welfarc: or inJurtous to the •property or improvements in
such vtcinity and zone in which the property is located,
?5, That the Anaheim Clty Pl~nn3ng Cortmisston dues hereby recommend to the
Lity Courc!': ::" the City of Anaheim that Lity Council Policy No, 201 be walved for
the preposed development l'o permit accESS within 33~ feet of the centerltne of tlie
nearest traffic lanc on Santa Ana Canyon Road, on the basis that a hardship would be
crea!ed if satd waiver were not gran*.ed, due to the slze and sfiape of the sub]ect
propercy.
16. Thai two (2) pcrsons apNeared at said publlc hearing in oppositior+; and
that no correspondence was received in opposition to the subjcct petition.
FNVIRONIIENTAL IMPACT REPOR7 F11~DING: That the Anaheim City P~anning
Cortaisission does iereby recommend to the City Council of the City of Anaheim that a
negative declaration 4;on: tPe ;equfreuents to preparePfovisionsnmoftathemPCalifornia
be ap~~roved for the sub ect ro ect, p rsuant to he
Environn~ental Qualtty Act.
NOW, 71iERFFORE, BE IT RESOLUED thnt the Anaheim City Planning Commisslon
doES hereby grant subJect Petition for Variance, in part, upon the following
conditions which are hereby founJ to be a necessary prerequisite to the proposed use
of ¢he subJect property in order to preserve the safety and gencral welfare of the
Citizens of the City of Anaheim:
1, That this varia~ce is granted subJect to the completi~n of
Rec:tassificatiun Nos. 64-65-4 and 71-7z-7~ now pending.
_y_ RESOLUTICt~ 1~0. PC76-254
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2. That all engineering requirements of the,Ci~ty of Anaheim along Santa
Ana Canyon Road and Impe~ial Ilighway, including preparation of improvement plans and
installation of all improvements such as curbs and gutters, sidewalks, street grading
and paving, drainage facilities, or other appurtenant work, shall be comptied with as
required by the City Engineer and (n accordance with standard specifications on file
in the Of`ice of the City Engineer; that street lighting facilities alon9 Santa Ana
Canyon Road and Imperial H(ghway shall be installed as required by the Director of
Public Works and in accordance with standard plans and specifications on file in the
Office of the.Dtrectar of Public Utilities; and that a bond, certiffcate.of deposit,
letter of credit. or cash, in zn amount and `orm satisfactory to Che City of Anaheim,
shall be posted with the City to guarantee the i,nstallation of the above-mentioned
requirements. •
3, Thet trash storage areas shail be provided in accordance with approved
plans.on file with the Office of the Director of Public lJorks.
4, That appropriate water assessmenY fees, as determined by the Director
of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a
building permit.
5. That the existing integrated tract sian shall be removed,
6. That the proposed development shall comply with all signing
requirements of the Scenic Corridor Zone-Overlay, as.stipulated to by the petitioner.
7, That the median cut locatet in Imperial Hlghway near the southern
boundary of the subJect property shall be modtfied, and a new median cut, as shown on
the submitted plans and approved by the Traffic Engineer, shall be constructed to
allgn with the proposed driveway on subject property and the existiny driveway ~n the
westerly side of Imperial Highway, the cost of which is to be borne entirely by the
petitioner~ as stipulated to by the petitioner. ,
8, That precise landscaping plans shall be submitted for P1anning
Commission review and approval, as stipulated to by the petitioner.
9, That the landscaping in the right-of-way ~dJacent to Santa Ana Canyon
Road and Imperial Highway shall be maintained in perpetvity by the property ~Nner(s),
as stlpulated to by the petitioner; and that a written agreement for said perpetual
matnCenance shall be submitted to the City Attorney's Offtce for review and approval
and then filed and recorded in the Office of the Orange County Recorder prior to the
issuance of a building permit. '
10, That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anahelm marked Revision No. .1,
of Exhibit Nos, i, 2 and 3.
11, That Condition t~os. 1, 2, 5 and f3, above-menttoned, shall be complied
with prior to the commencement of the activity authorized under this resolution, or
prior to the time [hat the butld.ing permit is issued, er within a period of one year
from date hereof, whichever occurs first, or such further time as, the Planning
Commission or City Council may grant,
12. That Condition Nos.. 3, 6, 7 and 10, above-mentioned, shall be complied
with prior to final buildin9 and zon(ng inspections.,
13. That no medical offices, medical laboratories or related uses, or any
commercial-r~tail usos or other cpmmercial uses having parking requirements exceeding
the number of spaces provided for the proposed office buildings, shall be permitted as
tenants of the proposed offiae structures, as stipulated to by the petitioner.
TNE FOREGOIP7G RESOLUYION is signed a ap roved by me this 6th day of
December, 1976. ~ ~
CHAIRMAN, ANAHE111 TY PLAWPiING COMMMfSS10N
ATTEST: .
~~;.~,~~,~..~
SECRETARY, ANAHEIM CITY PLANrviNG COMMISSION
_3- RESQLUTIOt~ N0. PC76-254
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIH )
I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resolution ~aas passed and adopted at a meeting
of.the Anaheim City Planning Comm3ssio~ held on December 6r 1976, at 1:30 p.m.~, by
the followin9 vote of the members ~hereof:
AYES: COMMISSIOIIERS: HERBST, KING, MORLEY, JQHNSON
tJOES: COMMISSIONERS: E3ARtJES, FARANO. TOLAR '
ABSENT: COF411SS104ERS: NONE
IN.WITNESS WIiEREOF, I have her.~unto'set my hand this 6th day of December,
1976.
~~"r.~~ GsL~ ~
SECRETARY, ANAHE I•1 CITY PLANNING COMMISSION .
-k- RESOLUTiON N0. PC76-254