PC 80-3RESOLUTION NO. PC80 -3
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3129 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Variance from CHAPMAN ORANGETHOPRPE ASSOCIATES, c/o Frank Trani, 459.
West Seventh Street, San Pedro, California 90731, owner, and RONALD BURT, ASHWILL-
BURKE CO., 171 South Santa Anita Drive ;1100, Orange, California 92668, agent, of
certain real property situated in the City of Anaheim, County of Orange, State of
California, described as follows:
Parcel B - Beginning at a point in that certain course described
as North 9 12' 05" West, 417.58 feet in Director's Deed Di)
019093 -01 -01 recorded March 23, 1976 in Book 11680, Page 1228 of
Official Records, records of said County, distant thereon North 1rP
02' 16" West, 9.56 feet from the Southerly terminus of said
described course; thence North 87° 27' 10" East, 128.53 feet;
thence North 54 00' 19" East, 74.73 feet; thence North 0° 59' 54"
East, 85.59 feet to the beginning of a curve concave Westerly and
having a radius of 1927.00 feet; thence Northerly along said curve
through a central angle of 3° 19' 03" an arc distance of 111.53
feet; thence South 38 08' 05" West, 231.54 feet to the Easterly
line of said Director's Deed DD 019093- 01 -01; Thence along said
Easterly line South 10 02' 16" East 242.94 feet to the point of
beginning.
Parcel 0 - Beginning at the Southerly terminus of that certain
course described as North 9 12' 05" West, 417.58 feet in the
Easterly line of Director's Deed DD 019093 -01 -01 recorded March
23, 1976 in Book 11680, Page 1228 of Official Records, records of
said County; thence along said Easterly line North 10 02 16"
West, 252.50 feet; thence South 88 08' 05" West, 98.01 feet to a
point in a line parallel with and 60.00 feet Easterly of said
Westerly line of Director's Deed OD 019093-01 -01; thence along
said parallel line South 4° 54' 27" West, 250.00 feet to the
Northerly line of the land of the highway right - - way
relinquished to the County of Orange (REL-20) by resolution of the
California Highway Commission, a certified copy of which
resolution is recorded September 10, 1963 in Book 6709, Page 755
of said Official Records being a point on a non- tangent curve
concave Northerly having a radius of 950.00 feet and to which
point a radial line of said curve bears South 1° 32' 45" West;
thence Easterly along said Northerly line and said curve through a
central angle of 3 24' 40" an arc distance of 56.56 feet; thence
North 88° 08' 05" East, 106.86 feet to the point of beginning.
Containing 0.750 acre more or less.
PC80 -3
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on December 3, 1979, 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 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; said public hearing having been
continued to the Planning Commission meeting of January 14, 1980, 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 a
commercial shopping center:
SECTION 18.44.062.011 - Maximum structural height.
(5 feet permitted when located
10 feet from an RS- A- 43,000 boundary;
22 feet proposed)
2. That the above - mentioned waiver is hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that the adjacent property to the
west is designated on the Anaheim General Plan for medium - density residential land
use in which case the proposed waiver would not be necessary, and that said property
will be ultimately developed as a common access drive to be shared by a future
multiple family residential complex to the north of subject property and the shopping
center to be developed on subject property.
3. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
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 question.
5. That the requested variance will not be materially detrimental to the
public welfare or 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
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS- A- 43,000
(Residential, Agricultural) Zone to CL (Commercial, Limited) Zone in order to
construct a commercial shopping center with waiver of maximum structural height on an
irregularly- shaped parcel of land consisting of approximately 1.88 acres located at
the northwest corner of Orangethorpe Avenue and Imperial Highway and having frontages
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PC80 -3
of approximately 292 feet on the north side of Orangethorpe Avenue and 197 feet on
the west side of Imperial Highway; 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 medium density residential land uses commensurate
with the proposal; that no sensitive environmental impacts are involved in the
proposal; 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 this Variance is granted subject to the completion of
Reclassification No. 79- 80 -19, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhihit Nos. 1
through 4, provided, however, that a six (6) foot high block wall shall be
constructed along the north property line.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that the adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any condition or any part thereof, be declared invalid or unenforceable by the
final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 14th day of
January, 1980.
ATTEST:
tia
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ACTING CHAIRMAN
ANAHEIM CITY PLANNING COMMISSION
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PC80 -3
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM )
1, 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 January 14, 1930, at 1:30 p.m,,hy the
following vote of the members thereof:
AYES: COMMISSIONERS: DAVID, HERBST, KING
NOES: COMMISSIONERS: FRY, TOLAR
ABSENT: COMMISSIONERS: BARNES, BUSHORE
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of January, 1980.
I� cQ i
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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