PC 76-261~ ~
RESOLUTIQN N0, PC76-2G1
RESOLUTIOM OF THE ANAHEIH CITY PLAMMIPJG C~MNiS510N
TfIA7 PETITION FOR VARIANCE N0. 2£i$3 BE RRII~ITED.
WHEREAS, the Anaheim City Planning Commission did receive a vwrifir_d
Petition for Variance from [3ROOKHURST SfIOPPINf, CENTER, 2293 ~1. Ball Road, Anaheim,
Californ~a 9280~i (Owner); H. RALPI~ LOVETT, 22~3 W. Ball Road, Anaheim, California
92804 (~gent) of certain real property situated in the City of Analieim, County of
Orange, State of Callfornia described as:
The south 25 acres of the southeast quarter of the southeast quarter of Sectfon
lB in To~anship ~t South, Range 10 West, San Bernardino Hase and Heridian, ln the
Ranchc Los Coyotes, County of Orange, State of California, as shown on a map
thereof r~r,orded in Book 51, paqe 10, Miscellan~ous Ma~s, RecoreJs of said Orange
County;
EXCEPT TNERF.FRON the southerly 200 feet of the easterly 20~ feet of said 25
acres.
lJffEREAS, the City Planning Comm(ssion did hold a public hearing at the City
Hall in the City of Anaheim on December 20, 1976, at 1:30 p.m., notice of said puhlic
hearing having been duly given as required by ia~a and in accorciance ~oith the
provisions of the Anaheim Munici~~al Lode, Chapter 1II.03, t~ hear and consider
evidence for and against said proposed variance and to investigate and make findinrys
and recommendations in connection therewith; and
WfIEREAS, said Commission, after due inspection, investigation and study made
by ttself and in its behalf, and after due consideration of all evidence and reports
affered at said hearing, does find and determine tha following facts:
1. That the petitioner requests tlie following ~aaiver from the llnaheir~
Municipal Code. for an existing shopping center:
S'cCTION 18.44,0(ib.050 - Minimum number of arking spaces.
1,093 spaces required; 42q spaces proposed)
2. That the above-mentioned waiver ts hereby granted on the basis that
unique circumstances exist, since the shopping center at this location has heen in
existence for approximately ttaenty (20) years and the prnposal for a 15$ reduction of
the parking space requirements for the commercial uses is based on the potenttal
maximum usage of the commercial buildings; and, furthermore, the petitioner
stipuiated that any addltional construction and/or development in tiie shoppinn center
will be in compliance with the parking space requirements as set forth in the Code.
3. That the Plarning Commission does hereby rr_cor.imend to the City Courtcil
of the City of Anahelm that the deed restriction requirements, as set forth in Che
conditions of approval of Reclassification No. 54-55-4~ on the subJect property, be
deleted,
4. That there are exceptional or e:ctraordinary circumstances or conditions
appl%cable to the property involved or to the tntended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
5. That the reque~ted variance is necessary for the preservation and
enjoym~nt of a substantial property right possessed by other ~roperty in the same
vicinfty and zone, and denied to the property in question.
6. That the requested variance will not be materially detrimental to the
public welfare or injurious to the property or imnrovements in such vicinity and zone
in which the property is located.
7. That no nne indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT REPORT FINDIhR; That the Director of the Planning
Department has determined that the proposed activity falls ~althin the 6c,finition of
Section 3.01, Class 11, o` the City of Anaheim Guide~ines to the Requireme~ts for an
Environmental Impact Report and is, therefore, categorically exempt from the
requirema;,t to file an EIR.
RESOLUTION t±0. PC76-7.61
~ ~
NOW, THEREFOkE, BE IT RESOLVF.D that the Anaheim City Planning Commisslon
does hereby grant subject Petition for Variance. upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use c~f the subject
property in order t~ preserve the safety and general welfare of the Citl'zen~; of the
City of Anaheim:
1. That this variance is granted subjec+: to the completion of
Reclassification No. 54-55-40; provided~ however, that the property owner(s) shall
apply for deletion of tlie condition of approval of said reclassification pertaining
to deed restrictions.
2. In the event that subJect property is to be divided for the purpose of
sale, lease or financtng, a parcel map, to record the approved division of subJect
property, shall be submitted to and approved by the City of Anahelm and then he
recorded in the Office of the Orange County Recnrder.
3. That subject property shall he developed suhstantlally in accordance
with plans and specifications on file with the City of Anaheim marked Exhihit Ne. 1.
h. That Candi*.ton No. 1, ahove-mentioned, shall be ~~mplied arith prior to
the commencement of the activity authorized under this resolution, or prior to the
ti~;~ that the building permit is issued, or v~ithin a period of one year from date
hereof, w.ntchever occurs first, or such Turther time as the Pianninq Commission
and/or Gity Counctl may gra~t.
5. That Condition No. 3, above-mentioned, shall be complied with prior to
final buiiding and zoning inspectlons.
THE FOREGOIPIC, RESOLUTION is signed and appro~~ b~ me tht ~ 20th day of
Decembcr, 1976. ~~ j ~
ATTEST:
~~~~~~~.~
SECRETARY, ANAHEIM C~7Y PLAtJNING COHMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patrtcia B. Sca~l"n, Secretary of the Anaheim City Planning Commissian,
do hereby certify that the forec;ving resolutior, was passed and adopted at a meeting
of the Anaheim City Planning Commission, held on December 20, 197fi, at 1:3~ P.m.~ by
the following vote of the members ~hereof:
AYES: CONMISSIONERS: BARNES, HERBST~ KIIJG, MORLEY, T~LAR, JOkPISON
tJ0E5: COHMISSIONERS: FARANO
ABSENT: COMMISSIONERS: NONE
1476,
IN WI7NE55 WHEREOF, I have hereunto set my hand this 2bth dayc~f December
~u,~J~t~~a.,~•.~~-,.~~
SECRETARY. ANAHEIM CI'dY PLANNlNG COMMISSION
,.Z_ RESOLti I I ON N0. PC76-261