PC 77-280RESOLUTION NO. PC 77 -280
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2993 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from HOWARD P. HOUSE, 1(45 Samar, Costa Mesa, California 92626,
owner, and PAUL B. CLAYTON, 7(41 Firestone Boulevard, Downey, California 92241,
agent, of certain real property situated in the City of Anaheim, County of Orange,
State of California described as follows:
PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED I N BOOK 19,
PAGE 44 OF PARCEL MAPS, I M THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 19, 1977, at 1:30 p.m., notice of said public
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 19.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to construct an
office building:
SECTION 13.44.063.040 - Minimum rear yard setback.
(10 feet required; none proposed)
2. That the above - mentioned waiver is hereby granted on the basis that the
petitioner demonstrated a hardship exists in that a ten (10) foot wide setback along
the east property line would create a "dead" space difficult to maintain because of
very restricted access caused by an existing six (6) foot high concrete block wall
separating subject property from the carports of an existing townhouse development to
the east; and that the existing adjoining commercial develooment to the north has a
"0" setback similar to the proposal; and subject to petitioner's stipulation that
there will be no openings whatsoever in the proposed building wall along the east
side.
4. That the requested variance 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 ouestion.
5. That the requested variance will not be materially detrimental to the
public welfare nor injurious to the Property or improvements in such vicinity and
zone in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition and that no correspondence was received in opposition to the subject
petitioner.
ENVIR0N iE!:TAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the subject project, consisting of a 4-unit office building with waiver of
minimum rear yard setback on approximately 0.2 acre having a frontage of
approximately 7« feet on the east side of Magnolia Avenue, having a maximum depth of
PC77 -280
approximately 135 feet, and being located approximately 17 feet north of the
centerline of Broadway; and does hereby approve the Negative Declaration from the
requirement to prepare an environmental impact report on the basis that there would
be no significant individual or cumulative adverse environmental impact due to the
approval of this Negative Declaration since the Anaheim General plan designates the
subject property for commercial professional land uses commensurate with the
proposal; that no sensitive environmental impacts are involved in the proposal; and
that the Initial Study submitted by the petitioner indicates no significant
individual or cumulative adverse environmental impacts; and that the Negative
Declaration substantiating the foregoing findings is on file in the City of Anaheim
Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
1. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of $3.50 per front foot along Magnolia Avenue for street lighting purposes.
2. That the owner(s) of subject property shall pay to the City of Anaheim
the sum of 60 cents per front foot along Magnolia Avenue for tree planting purposes.
3. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Director of Puhlic Works.
That subject property shall be served by underground utilities.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
6. That appropriate water assessment fees as determined by the Director of
Public Utilities shall he paid to the City of Anaheim prior to the issuance of a
building permit.
7. That subject property shall he developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
and 2; provided, however, that there shall he no openings whatsoever in the building
wall facing the easterly property line.
8. That Condition Nos. 1 and 2, above- mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or prior
to the time that the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as the Planning Commission
may grant.
°. That Condition Nos. 3, h, 5 and 7, above-mentioned, shall be complied
with prior to final building and zoning inspections.
THE FOREGOINE RESOLUTION is signed and approved by me this 1 9th day of
December, 1977.
ATTEST
.P
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2-
A
CHA I Rk^AN, ANAHEIM CITY PL A NN 1 1i; COMMISSION
PC77 -280
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on December 1 1977, at 1 :30 p.m., by the
following vote of the members thereof:
AYES:
NOES:
ABSENT:
1977.
COMMISSIONERS: BARNES, DAVID, HERBST, JOHNSON, KING, L I a!N, TOLAR
COMMISSIONERS: NONE
CC1M I SS I ONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1°th day of December,
SECRET" ^Y, ANAHEIM CITY PLANNING COMMISSION