PC 82-225RESOLUTION NG. PC82-225
A RESOLUTION OF THE ANp.HEIM CITY PLANNING COMMI5SION
THAT PETITION FOR VARIANCE NO. 3313 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from DAVID J. & SANDRA C. HUARTE, 1301 West Valencia
Drive, Fullerton, California 92632, owner, and DANIEL W. HOLDEN, 300 South
Harbor Boulevard, Suite 97.4, Anaheim, California 92805, agent, of certain real
property situated in the City of Anaheim, County of Orange, State of
California described aa:
LOT 12 TN BLOCK D OF TRACT NO. 365, HESS SUBDIVISION, aS
SHOWN ON A MAP RECORpED IN BOOK 15, PAGE 14 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
LOT 13 IN HLOCK D OF TRACT NO. 365~ HESS SUBDIVISIpN~ AS
SHOWN ON A MAP I2ECORDED IN BOOK 15, PAGE 14 OF MISCELLANEOUS
MAL'S, RECORDS OF ORANGE COUNTY, CALIFpRb7Ip,
WHEREAS, the City Planning Commission did hold a public hearinq at
the City Hall in the City o£ Anaheim on December 13, 1982, at 1:30 p.~.,
notice of said public hearing having been duly given as required by law and in
a~cordance with the provisions of the Anaheim Municipal Code, Chapt_er 18.03,
co 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 2-story commercial of£ice building:
(a) SECiION 18.06.050.020 - Permitted type of parking spaces
and 18.41.066.040 (18 nineteen-fout long spaces required;
14 standard and four 15 foot long
spaces groposed.
(b) SECTION 18.41.062.C11 - Maximum structural height
(14 feet permitted when located 28 feet
from single-family residential zoning;
17 1_ /? feet proposed)
2• That the above-mentioned waivers are hereby granted on the basis
of the petitioner's stipulation that the small car spaces would be designated
in a manner approved by the City Traffic Enqineer and that the structural
height will not affect the surrounding area because the request is minimal.
3• That there are exceptional or extraordinary circumstances or
conditions applicable to the property invol~ved or to the tntended use of the
property that do not apply generallv to the property or class of use in the
same vicinity and zone.
#03811
PC82-225
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4. That the requested variance is nec~ssary Por 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 tu the property or improvements in such
vicinity azd zone in which the property is located.
6. That one person indicated their presence at said public hearing
in opposition; and that no correspondence was received in opposition to
subject petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 2-story commercial office
building with waivers o£ permitted type of parking spaces and maximum
structuxal height on a rectangularly-shaped parcel of land consisting oE
approximately 0.2 acre located at the northeast corner of Water Street and
Harbor Boulevard, having a frontage of approximately 83 feet on the north side
of Water Street and a frontage of 88 feet on the east s~de of Harbor
Boulevard, and further described as 554 and 558 South Harbor Boulevard; and
does her.eby 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 im~act due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
subject pro~,erty for commercial professional land uses commensurate with the
proposal; that that In3tial 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, THSREPORE, 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 the owner(s) of subject property shall deed to the City of
Anahei.m a strip of land 12 1/2 feet in width from the centerline of
the alley for street widening purposes.
2. That a handicap access ramp shall be constructed at the northeast
corner of Haibor Boulevard and Water ~treet.
3. That trash storage areas shall be provided in accordance with
approved plans on £ile w?th the Streets and Sanitation Division.
4. 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.
5. That subject prop2rty shall be served by underground utilities.
-2- PC82-225
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6. 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 buildinqs prior to the issuance of a
building permit.
7. That this Variance is granted subject to t}ie completion of
Reclassification Na. 65-66-59, now pending.
8. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 through 6.
9. That Condition Nos. 1 and 7, 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 permj.t is .tssued,
or within a period of one year from date hereof, whichever occurs
first, or such further time as the Planning Commis~ion may grant.
10. That Cnndition Nos. 2, 3, 5 and 8, above-mentioned, shall be complied
with prior to Pinal building aad zoning inspections.
AE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolutinn 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
neclared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any appro~rals herein
cantained, sha11 be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 13th day of
December, 1982.
C , AHE M CI P NG COM[dISSION
ATTEST:
SE RETARY PRO TEMPORE
p,I7p~HEIM CITY PLANNING COMMISSION
-3- F'C82-225 ' ";
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STATE OF CALIc^ORNIA )
COUNTY OP ORANGE ) ss.
CITY OF ANAHEIM )
I, Pamela Starnes, Secretary Pro Tempore of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meet.ing of the Anaheim City Planning Commission held on December
13, 1982r by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, HUSHORE, FRY, FI~RBST, KING, LA CLAIRE~
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: CONII+SISSIONERS: NONE
IN WITNE5S WHEREOF, I have hereunto set my hand this 13th day of December,
1982.
~GZ~ ;~i7'L~e~L~ /
SECRETARY PRO TEMPORE
ANAHEIM CITY PLANNING COMMISSION
_4_ PC82-225
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