PC 79-74P,ESOlUTION N0. PC 79-74
A RESOLUTIQN Of THE A4AHEIM CITY PLANNING COMNISSION
TfU1T PETITION FOR VARIAI~CE N0. 3~~7 BE GRAtITED, It1 PART
WfIEREAS, the Anahelm Lity Plannln9 Cortmisslon did receive a verlfTed
Petitfon for Variance from GULF OIL CORPORATION, 1tS01 Avenue of the Stars, los
Angeles. Californta 90067, owner, and NGRTIi AMERILAN INVESTHENTS. 1~G0 North Tustin
Avenue ~1rT0, Orange, Lalifornia 92665, agent, of certain real property situated in
the City of Anaheim, County of Orange, 5tate ef Lalifornia described as:
The East 202.00 fcet of the Southeast quarter of the Southeast
quarter of the Northeast quarter of Sec[lon 15 in To~+nship 4
South~ Ran9e il West, partly in the City of Anaheim, in the Rancho
Los Coyotes, as shown on a Map thereof recorded in Book 51. oagc
11 of 1liscellaneous Mavs, records of Oranoe County, Californla.
bMEREAS, the Clty Plannin9 Commission did hold a puhlic hearing at the City
Hall in the Ci[y of A~aheim on Aprtl ?, 1979, at 1:30 p.m.. notice of said public
hearing havtng been duly given as required by laH and in accordance with the
provisions of the Anaheim Muntcipal Caie, Chapter 18.03~ to fiear and consider
evidence for and against safd proposed variance and to investigate and make findings
and recommendations in connection therewlth; and
WHEREAS. said Commfssion, after due inspectlon, investigatton and study made
by itself and i~ its behalf, and after due consideratlon of all evtdence and reports
offered at said hearing, does find and determine the follorrtng fact~:
1, That the petitioner proposes waivers of the folloaing to cons[ruct a
commerci~) buiidi~g:
(a) SECTION lE'..44.063.010 - Minimum structural setback.
eet rom an arter a i M+a re uired;
5 eet proposed
(b) SECTION 18.44.OG3.040 - Minimum lands~ca ~ed se~tback.
1D eet requ reT d;
inches. 2 and 3 feet proposed)
Z. That the requested waiver (a) is here6y denied on the ta~sls that the
pet(tioner stipulated to revise the submltted plans to provide the minimurn s[ructual
setback of 10 feet adJacent to Orange Avenue.
3, That the proposed waiver (b) Is hereby 9ranted on the basis that
subject property abuts carports on the west property 1lne and landscaping along that
:tide w(11 ~ot provide additional and useful buffering betrree~ [he apa~tments and the
{iroposal; and that subJect property abuts the opcn yard areas of apartments to the
nor[h,
PC79-74
4. That the proposal Is hereby granted, (n par[. sub)ect to the
petittoner's stipulatlon to close the driveaay on Orange Street and to Nlden the
driveway on Knott Street to permit an adequate turning radlus for entering and
exiting vehicles.
3, That there are excepilo~al or extraordtnary circumstances or condttions
applicable to thc property involved or to the in[ended use, as granted, of the
property that do not apply generally to the property ar class of use tn the same
vicinity and zone.
4, That the requested variance, as granted. is necessary for the
preservation and enjoyment of a substantial propcrty right possessed by other
property in [he same vicinity and zone, and denied to tfie property in question.
5. That the requested variance, as granted, Hili not be materially
detrimental to the pubiic welfare or injurious to the property or improvements tn
such victnity and zone in which the property is loca[ed.
6. That R~ one indicated their presence at said public hearing in
opposicion; and that no correspondence was received in oppositlon to che subject
pe[ition.
ENVIF.ONMENTAL INPACT FI~~~INr,; The Pianninn Director or his authorized
representative has dctermined ChaL the proposed project falls within thc defin(tion
of Categorical Exemptlons, Ciass S. as defined in Paragraph 2 of th~ City of Anaheim
Envi~onmental Impact Report Guldelines and is. therefore. ca[egorically exempt from
[hc requiremen[ to prepare an EIR.
t10W, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commisslon
docs hercby grant. in part. subJect Petition for Variance. upon thc following
conditions which are herehy found to be a ne:essary prereaulsite to the proposed use
of the subject property in order to preserve the safety and general aelfare of the
CTttzens of the City of Anahetn:
t. That [he a+ner(x) of subject property shall pay th~ trafflc signal
assessment fee (Ordinence No. 3396) In an amount as determined by the City Counctl~
for commercial buildings prlor to the issuance of a buildtng permit.
2. That trash storage areas shall be prov(ded in accordance with approved
plans on file wi[h the Offlce of the Director of Pubtic Works.
3. That subJect proptrty shali be Jeveloped substant(ally in accordance
Ntth plans and speciftcatlons on file with the CT[y of Anahelm marked Exhibit Nos. 1
and 2; provldcd~ hotvever, that the drlveway on Oran9c Avenue shall be closed and
replaced Nith standard curb. gutter, sidewalk and landscaped planter. and that the
driveway c~ Knott Street may be widened subJect to approvai of the City Traffic
Engineer.
4. That Condition Nos. 2 and 3. above-mentto~eJ, shall be camplled With
prlor to final bullding and zoning Inspections.
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BE IT FURTHER RESOLVEO that the Anaheim CTty Plann(ng Canmission does hereby
flnd and detcrmine [hat adoption of this Resolutton ts expressly predicated upon
applicant's compliance with each and all of the condTtions hereinabove set forth.
Shouid any such condition, or any part [hereof, be declared invalid or unenforceable
by the ftna) judgment of any court of competent jurlsdfction. then this ResolutTon.
and any aoorovals hercin contained. shall be deemed null and vo(d.
TIiE FOREGOIIIf RESOLUTI01~ is stgned and approved by me this 9th day of April.
1979.
G, IRNAN, A E CI Y LA~INING COMMISSIOH
ATTEST:
~~ ~• ~
SECRETARY, ANAHEIM CIYY LANNING COMMISSION
STATE QF GALIFQRMlA )
CGUtiTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!~ Edifh L. Harris, Secretary of the Anaheim City Planning Caimiission, do
hereby c~rtify that the forcgoing resolutton Mas passed and adopted at a meeting of
the Ananeim City Planning Commission h~ld on Apri) 9. ~97°. by the follrnving vote of
thc mem~crs thereof:
AYES: COM!IISSIUNERS: BUSHQRE. DAVID. NERBST~ JOHNSON. K11~G
MOfS: G4"'!!SSlnr{cqs. N~r1f
ABSENT: CO!1MISSI~NERS: eARNES. TOLAR
IN W17NE55 YHEREOF. 1 have hereunio set my hand this 9tF. day of April, 1979•
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