Loading...
PC 77-101RESOLUTIOIi ti0. PC77-1~~ A Rt50LUTI0;i OF TilE ANAHEIM CITY PLAr!llltir, CQMNISSIDhI THAT PETITIO~i F0~ VARlAIlCE t~0. 2932 8C GRAt~T[D, IN PART WHEREAS, tfie Anaheim Li[y Planning Canmission diJ receive a verified Petition for Variance from J. G. SN,4fl0UH, 610 Newoort Cen[er Drive, Newport ~3each, California 9266Q (Gwner) and RrJtJALU G. MC t3A~10N ARCfiITECT b ASSOCIATES, 615 East Chapman Avenue, Oran_ye, California ~326uG and 809 CAt1POCLL, 1559 'dest Erbassy, /lnaheim, California 92E0't (,lgents) of certa~n reai propcrty situated in the City of Anaheirn, County of Oran~e, State of California, cYescribed as: PARCCL - The West y0.n^ feet of thaC portion of Lot 1 of Helen and Lynch's Subdivision of tlie Uest half af Sec[ion 16, Township ~+ South, Range 90 West, in ti~c Ranc~io San Juan Cajon de San[a Ana, as per map recorded in I~ooG; 442, Page 1;~ of Deeds, records of Los ~1ngeles County, California, describe~ as beGinninc~ at the tdorthwest corner of said Lo[ 1, Lhence Sou[h 19°.32 feet to the Northwesterly prolongat.ion of thc nost Nor[heasteriy line of Che lanJ of the Southern Pacific Railroad C~npany as said land lines in [he said Lot 1; thencc South ~G° 30' 00" East 2Z~.72 feet along said prolongation of and along thc t~ortheastcrly line of said railroad land; thcnc~c ~lorth 32~;.Ou feet to the Worth line of said Lot i; thence ~lest 188.10 feet [o thc point of bcginning. EXC[PT the North ;0.0~ feet [fiereof. Pl1RL[l 2- That portion of Helen and Lynch's Subdivision of the 41est half of Sec[ion 1h, TownShip tt South, Ranye 10 Nest, in the Rancho San Juan Cajon de Santa Ana, as per map recorded in Dook 442, Page 1>& of DeeJs, records af Los hnneles County, California, described as beginnin; at a point on thc Westerly line of said Lot 1, South 199.11 fee[ from ih~_ Northwest corner of said lot, being the Soutf~a~esterly corncr of the land canvcyed to Russeil Evans by ~eed recorded in Eiook 475, Pac~c 157 of DeeJs, records of said Orange County, and on tlic Nor[ho~r~s[erly prolongation of tlie most Northeasterly line of the Southern Pacific Railroad Canpa~y land; thenc~ Southcastcrly 33•~~ feet alony sai~ prolongacian of said Northeasterly line; tlience at right anglcs Southwesterly 50.00 feet to a point on t~he Westcrly line of said lot, saiJ point being Ilortheasterly ~0.00 feet measured at righ[ angles from the center line of the main tract of said Southern ?acific Railroad Company's Santa Ana Dranci~; thence I~or[h 59•9n fee[ to tlie point of beginning. PARCEL 3- That portior. of Lot 2 of Hclen and Lynch's Subdivision of thc West half of ~ection 1G, Township 4 South, Ra~ge 10 West, in the fiancho San Juan Cajon de Santa Ana, as per flap recorded in Book 1~~+2, Page 15~' of Deeds, records of I_os Angeles f,ounty, California, describ::d as bcginniny at the Northeast corner of said Lot 2; [hence South 0° 22' QO" West 2G6.33 feet along the East line of said Iot to the tlortheasterly line of the land of the Southern Pacific Company land; Chence lJorth 5Go 3$' 00" 4lest 482.20 feet along said Mortheas;erly line to the tl~rth line of RE~OLUTION d0. PC77'1~1 said Lot 2; thence East h03.o5 Peet along said qor[h line to the point of beginning. EXCLPT TIicREFROH that portion dcscribed as cor,menCing at the in[ersection of [he Nor[heasterly line of the land of the So~[hern Pacific P.ailroad Company and the ilortherly line of cnc t+arthwest quar[cr of Sec[ion 16, Tvwnship 4 South, Rangc 10 West; thencc S~uth 57~ OII' 3~" Eas[ along the said t~ortheastcrly line G2.OL feet to ti~a true point of bcginniny; tlience South 3g° $2' 21" Eas: alon9 a line parallcl to and 53.OU feet Southerly, meas.~red at rignt angles of the center line of co~~struction of Lincoln 4venue, 60.00 feet; thence Ilorth 0° 40' 23" bl~est ~.12 fcet to a line parallel wi[h and 30.0:1 fcet Southerly, as measured at r~yht .angles, o` the uorth line of the Nor~hwest quar:cr of Section 16, Township 4 South, Range 10 West; tihence North }39° 1~' 37" East ~tony last men:io~ed parallel li~e 15.00 rect; then::c at right ang!~s 5ou[h 0~ 40' 23" East `,i.3; fect; [hence South b•.)° 52' 21" East alony a line parallel [o and !i3.U0 fce[ Seuthcrly, measured at riyht anyles, of ihc center line of cons[ruction of Lincoin Avenue 11~~.°1 fee:; t.hence Soutti 0° 1G" 37" East, parallel to [hc East linr_ of Lot 2 of said Hclen and Lynch's SubJivision, 122.t,~+ fect [c> a point on the said Nor~heaster9y line of the land cf the Southcrn Pacific Railroad Companv; thence North ~7° Of,' ;0" 41est alon9 said Ilortheas[erly Ifne 2~6.79 feet to tF~ truc p~~int of beginnin~. Said Penels 1, 2:,nd 3 are shrnrn ~+ith other land on a map filed in Book i,2, Pagc 4 0` !'arccl Haps, rccor~s of said Orangc County; and 1lNEP,EIaS, thn City Plannin9 Commission did Hall in the City of Anahcir~ on ttay ?, 1977, ai 1:3~ hearing havina bcen July give~ as required by provisions of th~ Anahcim Municipal LoJc, Chaptcr eviJence for and aqainst said propos~u vari~ncc and and recomrn~ndations in connection [iierewith; anci iold a public hearing ,t thc City p.m,, notice of said pu'viic law and in accordancc wi[h the 1~.~13, to hcar and considcr to invcs[i<Iate and makc finJings UHEREAS, s~id CUmrni55iOn, af'ter duc inspection, investigation and s[udy made by itself and in its behalf, and af[er du~ considcration of all evidencc and reports offered at said heaririy, does find and cSetermine [he followiny facts: 1, ihac the petit~oner pre~poses [hc followiny ~aivcrs from the Anaheim 14unicipal Lc~de, to construc[ an industrial builJing in thc NL Zonc o-rith accessory rctail sales: a. SEGTIOt~ 1u.Gi.O;C.OL~ - Fe naitted accessory uses. (Re[ail cJistribution of products produced on thc premises where the rimar re[aii outlet for saia orouucts not permitted) b. SECTI01~ 1'..i,i.Oh3.011 - Mini~um landsca in!~. ~0 e~et r'equireJ; 3 fee[ proposed) 2. That uaiver 1-a, above mentioned, is hereby ~ran[ed on ttie basis tliat other nearby industrial proper[ies have been Jeveloped with similar commercial uses; tha[ the subject property, alttiou9h zoncd industrially, is designated for general commercial uses by the llnaheim General Plan; and that similar waivers of permitted accessory uses i~ the industrial zone l~-sve previousiy been granted by the Planning Commission. -Z- RESOLUTI011 t~0. PC77-101 3. That Waiver 1-L, above mentioned, is hereLy denied on the basis that xhe petiLioner did no[ Jenonstrate that a hardsfiip would be create:d since Ihc subject property can be developed in accordance with !he ML Zone si[e rlevelo~ment ~tandards. 4. That there are exceptional or extraordinary circumstances or conditions applicable to Lfie property involved or to tfie intended use, as yranted, of [lie property tliat do not apply yenerally to tfic propcriy or class of use in the same vieinity and zone. 5. Thai tlie requested var3ance, as 9ranteJ, is necessary for the preservation and enjoyment of a substantial property riyht possessed by other property in the same vicini[y and zone, and denied to thc pruperty in qucs[ion. 6. That thc requested variancc, as yranted, will no[ be materially detrimen[al to thc public wclfarc or injurir~us to the prop~~rty or improveme~ts in sueh vieinity and zone in which thc proper[y is loca[cd. 7. That no one indieated their prescnce at said public hearing in opposition; and tMat no correspondence was received in opposition [o the subject petition. E1lVIROtU1~I1TAL 111Pl~CT FINUI,~G: That the Anahein City Planning Commission hss reviewed the subject proposal, consisting of a proposed incius[rial builcling in [he ML Zone with waivers of pcrmit[eJ acc~ssory uses and minirnun landscapin~, on approximately O.y acre of lan~ fro~i[ing on the sou[h side of Lincoln Avenue, approxinatcly 5;5 fcet east of chc cen[criine of Loara S[rect, and does hereby recomnend tc the City Council of the City of Anahein [ha[ a;1er,at.ive Declaracion from the requiremcnt to prepare an environmen~al irapact report bc ap~roved on the basis tfiat there would b~ no si~nificant inriiviJual or cumulative adversc environmental impact due to the approval of this Negative Declaration since the Anaheim General i'lan designates the subject property for ~er+eral corr~erciol lan~ uses commensurate with the proposal; t~iat nearby propcrties are developed with simiiar uses; tha[ no sensitive environmental elene.nts are invoived in thc proposal and tfie Initial Study subrnitted by the applicant indicates no siynificant individual or cumulative adverse environmental impacts; and tha[ the Negative Declaration substan[iating the foregoing findings is on file in the officc of thc Planning Oapartr~~en[ at City Hall. NOW, TNEREFORE, DE IT R[SOLVLD that the Anahcin City Plannin9 Commisston does hereby grant, in part, subjec[ Petition for Var(ance upon the following conditions which are tiereby founJ to be ~ necessary prere~uisitc to the proposed use of the subject propcrty in order to preservc the safety and gc:neral welfare of the Citizens nf the City of Anaheim: 1. That sicfewalks shall be ins[alled along Lincoln Avenue as required by [he City Engineer and in accorJance with standarJ plans and specifications on file in the Office of the City Eny(nccr. 2. lhat trash storage areas shall be provided in accordance with approved plans on file with the Office Uf the Director of Public Llorks. 3. That subject property shall be served by underground utilities. 4. That drainagc of subjcct property shall be disposed of in a manner sa[isfaetory [o the City [ngineer. -3- RESOLUTION N0. PC77-101 5. That appropriate water assessnent fees, as dctermined 'oy the Oirector of Public Utilities. stiall be paid to the Ci[y of Anaheim prior to the issuance of a buildiny pcrmit. 6. That the ownerCs) of subject propcrty sltiall pay to thc City o` F,nahcim the sum of 52.00 per front foot alo~g Lincoln Avenue for stree[ lighting purp25es. 7. That the developer stibmit [o the City Enyinee: for approval soil compaction reports signed by a registered soil en9ineer to veriFy adequate compaction of the required site grading. 8. That subject ~roperty shall be developEd substantially in accordance with plans and specifications on file with tfie Lity of Anaheim marked Exhibit Nos. 1 through 3. 9. That Condition tJos. 6 and 7, abovc men[ioned, shall bc complied ~~ith prior to the commencer~~ent of the activiLy authorized under this r~esolution, or prior Xo the timc that thc buildin, pcrni[ is issucd, or within a pcriod of one year frar. date hereof, whicliever occurs first, or sucfi furttier time as the Planning Commission and/or City Louncil may grant. 10. That Condition Nos. 1, 2, 3, 4 and L', above mentioned, shall be cornplied with prior to final buildiny an~ zoniny inirections. THE FOREGOI~JG RESOLU7lOt~ is siyneJ and approved by mv [his 9th day of May, 1977. CItA1RMAN, II HEIH T L tINIpG OMMISSIOt~ ATTEST: ;; , ~~ i -~. ;~~;, ~ J :~r ~ ~l~.l.~~/ ,~_ . ~r ~~. r .v SE RETARY PRO TCMPORE AI~AHEIM CITY PLAt~I11I1G COHMiSS10H STATE OF LALIfOP,t~IA ) COUNTY OF ORANGE ) ss. C I TY OF AtIAIiE I 11 ) I, Parnela N. Santala, SecreCary Pro Temporc of the Anaheim ti[y Planning Commission, do hcreby certify that the foregoing resolution was passe~! ertd adopLed af a meeting of the M aheim City Planning Comriission held on May 9, i977, at 1:30 p.m., by the followiny vote of the members thcrcof: AY£5: C011H!SSIONERS: 4ARIIES, HERE35T, KINf, TOLAR, JOHNSOtI 410E5: COMNISSIONERS: NOIIE J1d5EN7: COM1115510NER5: DAVI~ VACAt~CY; ONE SEAT III NITIJESS uIlEREOF, I have hereunto set my hand this 9th day of May, 1977. , , J~ ~~ ~~ • .../ ;'-'lv:>i l/1 / ~ . __..T'\!/>7(~~2~rL/ SECRETARY PRO TEMFORE ANAIIEIH CITY PLANNING COMHIS510~1 -4- RESOLUTION N0. PL77-101