PC 83-204'-' RESOLUTION NO. PC83-204
a. A RESOLUTION OF THE ANAHEIM CITY PLANNING CUMMISSION
~, THAT PE'liTION FOR VARIANCE N0. 3358 BE GRANTED
i: WEiEREAS, the Anaheim City Planning Commission did receive a verified
;- Petition for Variance from KENT LAND COMPANY, 10801 National Boulevard, Los
Angeles, California 90064, owner, and REPOBLIC DEVELOPMENT COMPANY, 1275 East
Center Court Drive, Covina, California 91724, ATTN: FRED O. KOENIG, agent of
certain real property situated in the City of Anaheim, County of Orange, State
~ of California described as:
~`~
~a
?~ ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA~
~~Q COUNTY OF ORANGE~ DESCRIBED AS FOLLOWS:
~
j PARCELS 1, 2 AND 3 OF TENTATIVE PARCEL MAP NO. 83-248
WHEREAS, the City Planning Commission did hold a public Searing at
the Civic Center in the City of Anaheim on October 17, 1923, 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 f.ind and detecmine the
~ollowing facts:
1. That the petitioner proposes waivers of the following to
construct a commercial office complex:
(aj SECTIUNS 18.84.062.011 - Minimum structural setback
AND 18.84.062.013 (100 feet required from scenic highways
and freeways in the Scenic Corcidor
Zone Overlay and 20 feet required from
local streets; 15-160 feet and 10-20
feet proposed)
(b) SECTION 18.84.062.014 - hlinimum lar.dscaped area
(20 feet required in setback in Scenic
Corridor Zone Overlay; 12-28 feet
proposed)
2. That the above-mentioned waivers are hereby granted on the
basis that the petitioner demonstrated that a hacdship exists in that there
are special circumstances applicable to the property such as size, shape,
topography, location or surrounding~, which do not apply to other identically
zoned pcoperties in the vicinity; and that ^trict application of the Zoning
Code deprives the propezty of privileges enjoyed by other properties in
identical zoning classification in the vicinity.
3. That the above-mentioned waiver (b) is granted only for lot No.
1 for a distance of app~oximateiy fifty (50) feet between the proposed
building and Santa Ana Canyon Road.
#0075r
PC83 -204
'~Y 4. That there are no exceptional oc extraordinary circumstances or
conditions applicable to the propecty involved or to the intended use of the
property that do not apply genetally to the property or clasc ot use in the
same vicinity and zone.
:. 5, That tne cequested variance is not necessary for rhe
;• preservation and enjoyment of a substantial pcoperty right possessed by other
:} , .
property in the same vicinity and zone, and denied to the property in question.
6. That the requested variance will be materially detrimental to
:»• the public welfare or injurious to the property or improvements in such
r: vicinity and zone in which the property is l~cated.
:7
7. That no one indicated their presence at said public hearing in
~ opposition; and that no correspondence was received in opposition to subject
petition.
ii
ENVIRONMENTAL IMPACT FINDING: Environmental Impact Report No, 2g1
was previously certified for the Bauer Ranch Planned Community on March 23,
1981.
NOW, THEREFOR~, g~, IT RESOLVED that the Anaheim City Planning
Commission @oes hereby grant subject Petition for Variance, upon the following
conditions which are heteby 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 oE subject property shall pay to the City of Anaheim
a fee for tree planting purposes along Santa Ana Canyon Road and
Weir Canyon Road in an amount as determined by the City Council
unless said improveme~t was previously bonded for ~r installed.
~. That drainage of subject property shall be disposed of in a m~nr.ec
satisfactory to the City Engineer.
3• That prior to commencement of structural framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief of the F'ire Department.
4• That trash storage areas shall be provided in accordance with
approved plans on file with the Street Maintenance and Sanitation
nivision.
5• That the vehicular access rights, except at street and/or driveway
openings approved by the City Traffic Engineer, to Santa Ana Canyon
Road and Weir Canyon Road shall ba dedicated to the City of Anaheim.
6• That prior to issuance of a building permit, appropriate water
assessment fees shall b= paid to the City of Anaheim, in an amount
as determined by the Office of the Utilities Genera2 Manager,
-2-
PC83-2~4
T
~~~YYLCMwn/...~u
"w 7• That street lighting facilities along Weir Canyon Road a
d
C
n
Santa Ana
anyon Road shall be installed as cequired by the Utilities Gene
Manager in
l
ra
accordance witl~ specifications on file in the Office of
Otilities Genetal
Manager, and that security in the form of a bond,
certificate of deposit
lett
,
er of credit, or cash, in an amount and
form satisfactory to the City of Anaheim
h
, s
all be posted with the
City ta guaranFee the satisfactory completion of th
e above-mentioned
improvements. Said security shall be
posted with the City of
Anaheim prior to anpcoval of building permits
Th
.
e above-required
improvements shall be installed prior t
o occupancy.
~'°
~`~,. 8. That the new access street shall be a minimum of 60 feet in width
and shall have
~; a grade nc greater than 28 for a distance nc less
than 60 feet from the right
f
1~, o
way line of Santa Ana Canyon Road.
'
F~I: 9• That all buildings proposed in subject
roj
' p
ect shall be fire
sprinklered as required by the City of A
nahei
F
~
.
m
ire Department.
10. That subject property shall be served by undcrground u~_ilities.
11. That all proposed driveway locations aZong the n
ew access street be
approved by the City Traffic Enqineer, and that
; no such driveway
shall be located closer than 150 feet to Santa An
.ti a Canyon Road.
;i 12• That revised plans shall be submitted for review and approval by the
City Pire Chief showin
ad
~ g
equate fire access to Huilding No. 10.
% 13. That a maximum of 258 of the minimum requiced r
umber
s
f
~ .
o
parking
paces on each lot may be designated for s
ll
ma
car packing.
~ 14. That no medical or dental offices, retail or restaurant uses shall
be a2lowed on subject
ro
p
perty unless plans have been submitted to
the City Planning Department
, prior to the issuance of building
permits, showing that the minimum numbe
r of Code tequired parking
will be provided. Prior to final buildin
a
d
g
n
zoning insp~ tions, a
restriction shall be recorded on the
p~operty limiting the use of
said property to uses for which adequate
k
par
ing has been provided.
Commercial office uses only will b
e permitted unless additional
parking has been provided.
15. That subject property shall be developed substantially in accordance
with plans and
specifications on file with the ~ity of Anaheim
marked Exhibit Nos
1
.
through 3.
16. That prior to isauance of building permits, the developer shall post
a bond in an amount and form approved by the City Traffic Engineer
and City Attorney to guarantee the installation of tcaffic signals
at the accesG road to Santa Ana Canyon and at the intersection of
Santa Ana Canyon Road and Weir Canyon Road. Said bond sha21
9iiarantee the insL•allation at such time as a determination is made
by the City Traffic Engineer that the signalization is necessary.
-3-
PC83-204
3s;
~.~-.._._._.
17, That prior to the commencement of the activity authorized under this
;','~ resolution, oc prior to the time that a building pecmit is issued,
or within a period of one year from the date of this resolution,
whichever occurs first, Condition Nos. 1, 5, 6, 7, 8 and 12,
above-mentioned, shall be complied with. Extensions for further
~"!~ time to complete said conditions ma be
y granted in accordance with
Section 28.03.090 of the Anaheim Municipal Code.
is. That prior to final buildin9 and zoning inspections, Condition Nos.
°~~ 2, 4~ 8, 9, 10, 11, 13, 14 and 15, above-mentioned, shall be
~. complied with.
BC IT FURTHER RESOLVED that the Anaheim City Planning Commiss:on
does hereby find and determine that a~opti,on of this Resolution is expre4sly
predicated upon applicant's compliance with each and all of the conditions
i 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 R~solution, and any appcova2s herein
contained, shall be deemed null and void.
THE POREGOING RESOLUTION is signed and apprpved by me this 17th day
of October, 1983.
/ ~'y ~ d~-~C-Q._
'~~ CHAIRWOMAN~-~ NA.9EIM CITY PLANNING COMMISSION
i;:;~ ATTE ST : ,
~, ~~ .~ . .
SECRETARy~ ANAREIM CITY PLANt7ING COMMISSION
~'i
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM j
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 ~~eld on October
17, 1983, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRY, HERBST, KING, LA CLAIRE,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUSHORE, MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day o£
October, 1983.
~~ .~ ~~ '
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4 PC83-204