PC 80-220RESOLUTIOM N0, PC IIO-220
A RESOLU7 i ON OF THE APJ/1NE I M C I TY PLANN i NG C0~1M I55 I Opl
THAT PETITIOP! FOR VARIA~ICE N0. 317g BE GRANTED
WHEREAS~ the Anaheim City Planning Commission did receive a verified
Petition for Variance from MONGYOLY.IT CORPORATIOPI, tii20 South 4Jest Streei, Anaheim,
California ~2802, owner, and VA~d DORPE E ASSOCIATES, 1820 Oranger~ood qvenue N107~
Orange, California 92668~ agent, of certatn real property situated in the City of
Anaheim~ County of Orange, State of California described as:
THE EAST 150.00 FEET OF THE WEST 190.00 FEET OF TNE NORTHWEST
QUARTER OF THE NORTH4IEST QUARTER OF TVIE NORTHlJEST QUARTER OF
SECTION 27~ TOi.INSHIP 4, SOUTH~ RANGE 10 WEST, IN THE RAtlCHO 5AM
JUAN CAJOPJ DE SAtJTA ANF,, IN THE CITY OF ANAHEIM~ CQU~ITY OF ORANGE~
STATE OF CALIFORNIA, AS PER MAP RECORDED !tJ BAOK 5~. PAGE 10.
PilSCELlANE0U5 P1APS~ IN THE OFFICE OF THE COU~lTY REC~RDER OF SAtD
COUNTY. EXCEPT THE NORTH 210.00 fEET THEREOF.
wHEREAS. the City Pl~nning Commission did hold a public hearing at the Civic
~enter in the City of Anaheim on December 1~ ~oIIp~ at 1:30 P•m•, notice of sa#d
public hesrsng having been duly given as required by law and 1n accordance with the
provisions of the Anaheim Municipal Code~ Chapter 18,03, to hear and consider
evtdence for and against sald praposed variance and to investigate and make findings
and recommendatians in connection therewith; and
iJHEREAS, said Commtssion~ after due inspection, investigatiors and study made
by itself and in its behalf~ and af,:er due consideration of all ev(de~ce and reports
affered at said hearing, does find and determtne the follawing facts:
i. Tf~at the petitioner proposes a aiaiver of the foilowing to expand an
existing motei:
(a) SECTION 18.06,060.0243 - Mfnimum number of arkin spaces.
2 spaces required;
21 spac~s proposed)
(b) SECTION 18.48.063.010 - Minlmum landsca ed setback.
1_0 eet re~uired;
none existing)
Z. That the above-mentfonea waivers are hereby granted on the basis that
the [~etitioner demonstrated that a hardship exists in that denial would deprive
subject property of a privilege enjoyed by other pranerties tn the same zone and
victnity (comme~cial-recreattonal area).
3. That there are exceptional or extraordinary circumstances or condttions
applicable to the property involved or to the intended use of the pr~pPrty that do
not app1Y 9enerally to the property or class of use fn the same vic~inity and zone.
PC80-220
4. That the requested variancP is necessary for the oreservation and
enjoyment of a substantial prooerty right possessed by other property in the same
vicTnity and zone~ and denied to thc ar~Perty in ~uestion.
5. That the reques[ed variance rrill n~t be materially detrtmental to the
public welfare or injurious to the property or improvements in such vlcinity and zone
in which the p~operty ts located.
6. That no one indicated cheir prPsence at satd public hearing in
oppositfon; and [hat no correspondence was received in opposi[ton to the subject
petition.
ENVIROt~MENTAL IMPACT FINDING: That the Anaheim City Planntno Commisston has
reviewed the p~oposa to expan an existing rrbte~ with waiversof miniT~
m~ number of
parking spaces a~d minimum landscaped setback o~ a rectangularly-shaped parcel of
land consisting of approximately 0.51 acre having a fror,tage of ~nproximately 150
feet on the east side of West Street~ having a maximum depth of approxima[ely i50
feet and being )ocated approximately 210 feet south of the centerline of Katella
Avenue; and does hereby ap~rovc the Neqative Declaration fran the reQuirement to
prepare an environmental impact report on the hasis that thert u~yuSd be no
significanE individuai or cumulative adverse environmental impact due to the approval
of this Negative Detlaration sincr_ the Anaheim General Plan designates the subJect
property far commercial recreational land uses com~ensurate with the proposai; that
no sensi[ive environmental impacts are involved in the proposal; that the Initial
Study submltted by the petitioncr Tndicates no significant tndtvidu~l or cumulative
adverse environmental impacts; and that the Negative Oeclaration substantiattng the
foregofng findings is on file in the City of q~aheim Planning Deoartment,
NOW. THEREFORE~ BE IT RESOLVED that the Anaheim City Plannt~~ ~~i~stan
d~as hn~~hy qrani su~~ecL Fccitio~~ Fur Jariance, upon the followino conditions which
are hereby found to be a necessa ry prerequisite to the pre~osed use of the subject
property fn order t~ preservc [he safety and general welfarc of the Citlzens of the
Clty of Anaheim:
1, That subject property shall be developed substantla))y in accordance
with plans and speciftcation, on iile with the Lity of Anaheim rtwrked Exhtbit Nos. 1.
2. That this variance is granted subject to the completion ef
Reclassification No. 66-67-61~ ~a,., pe~ding,
BE 1T FURTHER RESOLVED that the Anaheim City Plannino Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant s compliance with each and alt of the conditions hereinabp~e set forth.
Should any such condition~ or any oart thereof, he declared invalid or unenforceable
by the final judgment of any court of comoetent jurisdic[lon. then this Resol~tton.
and any approv~ils hercin contained~ shall be deemed null and vold.
TFIE FOREGOII~G RESOLUTIO~! is signed and approved by me this lst day of
December~ 1QF30.
CN ,N ~ !/" !''sit
ATTEST: M N~ ' tiM 5 1
~w- ~
c~.~ ~1~,~~~_~
3 ~ , A IM C~ P~qryN~ryg ~pMMiSSION
-2- PCAO-220
STATE OF CALIFORHIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIN )
~~ Edith L. Harris, Secretary of the Anaheim Ci[y P~~~ning Commission~ do
hereby certify that the foregoing resolutlon a,as passed and adopted at a meeting of
the Anaheim City Planntng Cormmmission held on December 1. 1980, bY the following vote
of the ~be~s thereof:
AYES: COMMISSIONERS: BARIJES, BOUAS, BUSHORE, FRY, KING, TOLAR
NOES: COMMISSIONERS: NONE
A65ENT: COMHISSIONERS: NERBSi
~980.
IN WITNE55 WHEREOF, I havc hereunto set my hand this lst day of December,
.0~ ~"1 . ~, ' ~
ECR~TARY, At1AHEIM CITY LANNING COMMISSION
-3- PC30-220