PC 77-275RESOLUTIO;i N0. PCi7-27y
A RESOLUTIOII OF TNE A'fAliElrl CITY PLAt~t~It~G ~ONI1ISSIOtI
TIIAT PETITI011 FOR VAP,IAtJCE T~O. 257G EiE GRANTEU, IPl PART
WNEREAS, the AnaheiM City Planniny Commission did receive a verif~ed
Petition for Variance from DET11 ADA115, LTD., 1>t~5 uilshire Boulevard, Los Angeles,
California 90017, owner, and PAI~1TIt~GS OF THE 1JORLU, 5625 Nest Century Boulevard, Los
Angeles, California 90043, agent, of ccrtain real property situated in the City of
Anaheim, County of Orangc, State of California, described as:
TNE WEST 200.00 FEET OF TtiF,. F.AST 4ta0.00 FEET OF TfIE SOU7HEAS7
QUARTER OF TiiE SOUTtIEAST QUAR7ER OF TIiE SOUTHEAST QUARTER OF
SECTIOt~ 22, TUWt~SIiIP 4 SOUTII, RN~GE 10 WEST, IN Tt1E RANCHO SAN
JUAN LAJON DE SN~TA ANA, AS PER MAP RE•COP,DEU Itl BUOK 51 PAGE 10 OF
Ml~CELLAt~E0U5 MAPS, It~ 71iE OFFICE OF TNE COU~JTY RECORDEF Of SAIU
LOUNTY. EXCEPT THE NORTH 410 FEET THEREOF; and
WHEREAS, the City Planniny Conunission did hold a public hearing at the City
Hall in the City of Anaheim on December 5, 1977, at 1:30 p.m., notice of said public
hearing having becn duly given as required by law and in accordance wi[h the
provisions of the Anaheirn Municipal Code, Chapter 18.03, [o hear and consider
evidence for and against said proposed variance and to investie,ate and make flndings
and recomrtwwndations in connection therc.wi [h; and
411iEREAS, saici Connission, after due i~spection, investigar.ion and study made
by itself and in its behalf, and afeer du~ considera[ion of all •~•~dence and reports
offered at said heariny, does find and deCerminc the f~llowing •en [s:
1. Tha[ the petltioner proposes a waiver o! ehe foll+~r,ring to esY~blisNi an
art saies f~~ility in the HI. (Industrial, Limited) Z~nc:
(a) SECTI011 1E.05.06~i.0~0 - Prohibi[cd siGns.
ne ~rte~e s~gn proposed;
(b) SECTIOtlS 13.0;.093.045 and 1P.05.098 - Maximur,; walt si n coverage.
Oc permitted; 100b ex st ng
(c) SCLTIOf~ 18.OG.060.U22 - Minimum num6er of arkin s aces.
75 spaces requ red; 35 spaces existing)
2. That [he proposed Haivers (a} and (b) are hereby denicd on the basis
that tt~e signs were illeyally constructed and are in flagrant and extreme violation
of the Sign Ordinancc.
3, That waiver (c), to allow only 50 parking spaces, is hereby granted, in
part, on the basis chat the use does not generate the necd for the required number of
parking spaces and subject to petitioner's stipulation to provlde the aforementioned
SO parkiny spacr.i.
4. That there are exceptional or extraordinary circumstances or condit(ons
applicable to the property iniolveJ or to [fic inCended use, as gran[ed, of t~e
Qraperty that do not apply gencrally to the property or class of use in the same
vicin!ty and zonc.
PC77-z75
5. That the reques[ed variance, as granted, is necessary for the
preservation and enjoyment of a substan[ial proper[y right possessed by other
property in the same vicinity and zone, and denied [o the property in question.
6. That the requcsted variancc, as granted, will not be materially
detrimental to the public welfare or injurious to the proper;y or improvements in
such vicinity and zone in which the property is loca[ed.
7. That no one indica[ed their presence at said public hearing in
oppositton; and that no carrespondence was received in opposi[ion to the subject
petition.
E;~VIROtaMEt~T~L IMPACT FIII~It7G: That the Director of the Planni~g DeparCment
has determined tha[ the proposed activity falls w+thin the definition of Section
3.01, Classes i, ; and 11 of tlie City of Anaheim Guidelincs to the Requirements for
an Environmental Impaci Report and is, therefore, categorically erempt from che
requirement to file an EIR.
tJOW, TtiEREFOf.[~ DE IT RESOLVED thaf the Anaheim Citv Planning Commission
does hereby grant, in part, subject Petition fer Variance, upon the following
conditions whicli are hereby found [o be a necessary prerequisite Co the proposed use
of the subject property in orJcr to preserve thc safety and gencral welfarc of the
Citizens of thc City of Anahcirn:
1. That [he aancr(s) of subject property shall deed to the City of Anahein
a fiftcen (15) foot radius propcrty line return a[ Zey~ St~•cet and f;atella Avenuc.
2. Tha[ sidewalks shall be ins[alled along Zeyn Strect as required by the
City Engineer and in accc~rdance with standard plans and specifications on file in the
office of [he City [nyinecr.
3. That strcet ligntiny facilitics along Y.a[i:lla Avenue and Zeyn Strect
shall be installed as required by the Director of Public Utilities and in accordance
wi[h standard specifications on file in the office of the Director ~f Public
Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in
an amount and forn satisfactory tu the City of Anaheim, shall be posted with the City
to guarantee the installa[ion of the above-mentioned requirements.
4. 7hat the o~rner(s) of subject proper[y sf~all pay thc siynal assessment
fee difference between industrit~l and commercial use at 5333.00 per 100G square feet
of buildfny or fractlon thereof.
5. That trasti storaye areas shall be provided in accordance with approved
plans on file witfi the office of the Director of Public Works.
6, That subject property shall be d~veloped substantially in accordance
with plans and specifications on file with thc City of Anaheim marked Exhibit ~lo. 1;
provideJ, howevcr, that a ten (10) foot wide. landscaped planter stiall be provided
along the s~uth property line abutting Y.atella Avenue an~ that fifty (50) parking
spaces shall be provided.
7. That Condition Nos. 1, 3, ~i and 6~ above meneioned, shall be complied
with prtor to the commencement of the activity authorized under this resolution, or
prior to the time that thr, building permit is issued, or w(thtn a period of one year
from date hereof~ whichever occurs first~ or such further time as tlie Planning
Commission nay yrant.
-2- NC77-275
5. Tha[ the requested varia~ce, as granted, is necessary for the
prescrvation and enjoyment of a substancial property rigfit possesse~ by other
property in the same vicinity and zone, and denicd [o ihe property in question.
6. That the requested variance, as 9ranicd, will not bt matcrialiy
detrimental to the public wcifare or injurious to the propercy or improvements in
such vicinity and zone in which tne property is located.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
El~VIROtiHENTkL IMPACT fItI01tIG: That thc Dircctor of the Planning Departmen[
has de[ermined that [he proposed activity falis within the definition of S~ction
3.01, Classes 1, ; and 11 of tiie City of Anaheim Guidelines to the Requirements for
an Environmental Impact Report and is, therefore, ca[egorically exempt from the
requirement to file an EIR.
NOW, TiiEREFOP.E, 4E IT RESOLVED [hat thc Anaheim City Planning Lommission
does hereby grant, in part, subject Petiti~~n for Variance, upon the following
conditions whicti are tiereby found to be a necessary prerequisite to ihe proposed use
of the subject property in order [o preservc thc safe[y anJ gencral welfarc of the
Citlzens of the Lity of Anahciio:
1. That [hc aancr(sj of subject property shall dced t~ the Lity of Anahein
a fiftcen (15) foot r~dius propcr[y line return a[ Zeyn Street and h:a[ella Avenue.
2. That sidewalFs shall be jn5[a11eJ alCanq Zeyn Street as required by the
City Engineer and in accordancc ~~'sch scar,dar:i p4ans and specifications o~ file in the
office of the Ci rv Er.~li~~er,.
j, ihare str'e~~=t. ii:y, tii~,~ ia~lli[ics al~~ng ~:atella Avenue and Zeyn Street
shall be 7ngt~llc~;i as re'yuir~t/ 6,- ~I1~ "Jlri'~.tcr of P~tif;;~ Uti lities and in aeeordanee
with stai~~.:~ard spr_cific-~iions om Tilc in Che ~fftcc ''~- the Director of Public
Utilities; and/o~ [h~C a t;"~~+ « r~IfiCdt,~~ of Jc'~:osic, letter of credit, or cash, in
an amou~t ~~nd forc~ bai~is ~ actor+' "~~ th~~ C_i cp OP Ahiair?'-~Gl~ shat l be posted wi th the Li ty
to guarant ~e 'hc installat ",;'^,' 'tic .a6~c~~,;-~enrt~nea rcquirenents.
4, That Lhe UYIf1r:~L.4,~ uf S•!~~~~~FLL propcrty shal) pay thc signal assessmcnt
fee difference 'netHC~`n industr~.ial an~ commercial use a[ S333.00 pcr 1000 square fcet
of bui Idiny or ffT': tion thcrcor.
5. Thac hrash .:~r.3ge dr~~§ shall be provided in accordance with approved
plans on file with tht office of tfie Director of Public Works.
6, Tiiat subject property shall be developed substantially in accordance
with plans and speciflcatEons on file with the City of Anaheim markeJ Exhibit tlo. 1;
provideJ, however, that a ten (10) foot wide~ landsca~ed planter shall be provided
along the soutfi propcrty linc abutting Y.atclla Avenue and that fifcy (50) parking
spaces shall be provlded.
7. That Condi[ion NoS. 1, 3, ~i and 5, above mentioned, shall be complied
with prior to ihe corunencement of the activity authorized under this resoluCion, or
prior to thc tirie that thc building permit fs issued, or wlthin a per(od of one year
from date hereof, wtiichever occurs first, or such further tine as tfie Planning
Commission may grant.
-Z- Pc77-~75
TNE FOREGOItdG RESOL~TiON is <_igned and approved by me this 5th day of
December. 1977.
/~~:~~' ~- ~-~
GIIAIRNAt~~ AtlAli IM CITY PLA~~NING COMMISSION
A7TEST:
~~~-~-~ .~ ~,lu~.,~
SECP.ETARY~ ANAHEIM CITY PLAI~NII~G COMMISSIOt~
STATE OF CALIFORt~Ip )
COUNTY OF ORANGE ) ss.
CITY OF ANANEIM )
I, Edith L. Harris, Secretary of the Anaheim Ci[y Planning Commission, do
hereby certify [hat the foregoing resolu[ion was nassed and adopted at a meeting of
[he Anaheim Ci[y Planning Commission held on December 5. 1~77, at 1:30 p.m., by thc
following v~te of Lhe members ihereof:
AYES: LOH111SSIOtJEP,S: DAVID, HERBST, KING, LI~~N, TOLAR
40E5: COIIMI SS IONERS: BARt~ES
AEfSENT: LONMISSIONLRS: JOHtlS01~
~977
IN W17t~L5S W1IEREOF, I i~avc; hcrcu~to set my hanJ [his 5ch day of Dacember,
•C ~c~ c.G-{~ ~1 ~Vr 2-[~~ ~_
SECRETARY, At1AHEIM ClTY PLk1N1~~G COMMISSIOtI
-3- PC17-275