PC 80-37RESOLUTION NO. PC80 -37
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3139 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for Reclassification from LINCOLN SCHOOL PROPERTY, 320 Pine Avenue, Suite
610, Long Beach, California 90802, owner, and JAMES R. UNDERWOOD, P. 0. Box 1011,
Reseda, California 91335, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as follows:
That portion of the Northwest quarter of the Northeast quarter of
Section 17, Township 4 South, Range 10 West, in the Rancho Los
Coyotes, in the City of Anaheim, County of Orange, State of
California, as said Northeast quarter is indicated on a map of
Tract No. 647 recorded in Book 20 Page 34 of Miscellaneous Maps,
in the Office of the County Recorder of said County, described as
follows: Beginning at a point in the North line of the Northwest
quarter of the Northeast quarter of said Section, Westerly 98.00
feet from the Northeast corner thereof; thence West 100 feet along
the North line of said Northwest quarter of the Northeast quarter;
thence South 300.00 feet; thence East 100.00 feet; thence North
300.00 feet to the point of beginning. Except the North 66.00
feet as described in a deed to the state of California recorded
August 7, 1957 in Book 3998 Page 11 of Official Records.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on February 25, 1980, 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; 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
barber school:
(a) SECTION 18.06.060.0261
and 18.44.066.050 - Minimum number of parking spaces.
(45 spaces required;
42 spaces proposed)
(b) SECTION 18.44.062.011 - Maximum structural height.
(13 feet permitted at 26 -foot setback
from RS- A- 43,000 zone boundary;
18 feet proposed)
PC80 -37
(c) SECTION 18.44.063.040 - Minimum landscaped setback.
(10 feet required from
residential zone boundary;
none proposed)
(d) SECTION 18.44.068 - Required site screening.
(6 -foot high masonry wall required along the
westerly residential zone boundary;
none proposed)
2. That the above - mentioned waivers are hereby granted on the basis that
the petitioner demonstrated that a hardship exists in that although adjacent property
to the west is zoned for residential uses (RS- A- 43,000), it is developed with a
commercial medical building; and that the requested parking waiver is minimal.
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 barber school with waivers of minimum number of parking spaces, maximum
structural height, minimum landscaped setback and required site screening on a
rectangularly- shaped parcel of land consisting of approximately 0.54 acre, having a
frontage of approximately 100 feet on the south side of Lincoln Avenue, having a
maximum depth of approximately 234 feet and being located approximately 230 feet east
of the centerline of Crescent Way; 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; 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.
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PC80 -37
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 -30, now pending.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such 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 25th day of
February, 1980.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1980.
n t
CHAIRWOMAN, ANA EIM CITY PLANNING COMMISSION
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 February 25, 1980, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of February,
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
PC80 -37