PC 81-256RESOLUTION NO. PC 81 -256
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3244 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from PETER F. STRAND, ET AL, 1314 South Euclid Street Suite 3,
Anaheim, California 92802, owner, WHITNEY R. SMITH, 1517 Fair Oaks Avenue, South
Pasadena, California 91030, agent of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
THAT PORTION OF LOT 27 OF THE ANAHEIM INVESTMENT COMPANY'S TRACT,
AS SAID LOT IS SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 33 AND 34
OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING
WESTERLY OF A LINE THAT IS PARALLEL WITH AHD DISTANT 313 FEET
EASTERLY FROM THE ESTABLISHED CENTER LINE OF EUCLID AVENUE
ADJOINING SAID LOT ON THE WEST.
EXCEPTING THEREFROM THE SOUTHERLY 495 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on December 14, 1981, 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 waivers of the following to construct a
three -story medical office building:
(a) SECTION 18.06.060.0211 - Minimum number of parking spaces
(74 spaces required; 73 spaces proposed)
(b) SECTION 18.41.068.021 - Maximum fence height
(30 inches permitted in street setback area;
(6 feet proposed)
2. That the above- mentioned waiver (a) is hereby granted on the basis that
the petitioner demonstrated that a hardship exists in that the request is minimal
amounting to less than 1% and granting waiver (b) on the basis that denial would
deprive subject property of a privilege enjoyed by other properties in the same zone
and vicinity.
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 construct a three -story medical office building with waivers
of minimum number of parking spaces and maximum fence height on a rectangularly -
shaped parcel of land consisting of approximately 0.9 acre located at the southeast
corner of Palm Lane and Euclid Street (1300 South Euclid Street); 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.
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 street lighting facilities along Palm Lane shall be installed as
required by the Office of Utilities General Manager, and in accordance with
specifications on file in the Office of Utilities General Manager; and /or
that a bond, certificate of deposit, letter of credit, or cash, in an amount
and form satisfactory to the City of Anaheim shall be posted with the City
to guarantee the installation of the above - mentioned requirements prior to
occupancy.
2. That sidewalks shall be removed and reconstructed at the southeast corner of
Palm Lane and Euclid Street as required by the City Engineer and in
accordance with standard plans and specifications on file in the Office of
the City Engineer.
3. That a handicapped wheelchair ramp shall be constructed at the southeast
corner of Euclid Street and Palm Lane in accordance with standard details
and specifications on file in the office of the City Engineer.
4. That trash storage areas shall be provided in accordance with approved plans
on file with the Office of the Executive Director of Public Works.
ATTEST:
5. That fire hydrants shall be installed and charged as required and determined
to be necessary by the Chief of the Fire Department prior to commencement of
structural framing.
6. That subject property shall be served by underground utilities.
7. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
8. That the owner(s) of subject property shall pay the traffic signal
assessment fee (Ordinance No. 3896) in an amount as determined by the City
Council, for commercial buildings prior to the issuance of a building
permit.
9. That appropriate water assessment fees as determined by the Office of
Utilities General Manager shall be paid to the City of Anaheim prior to the
issuance of a building permit.
10. That a 6 -foot high masonry wall shall be constructed along the east property
line.
That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Revision
Ho. 1 of Exhibit Nos. 1 through 3.
12. That Condition No. 1, 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.
13. That Condition Nos. 2, 3, 14, 6, 7, 10 and 11, above - mentioned, shall be
complied with prior to final building and zoning inspections.
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 1 day of
December, 1981.
SECRETA 1 144
ANAHEIM CITY PLANI°IING COMMISSION
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
K.
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 14, 1 '181, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, HERBST, KING, MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
19810
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION