PC 85-114R~^uOLUTION N0. PC85-114
A RESOLUTION UF TNE ANAHEIM CITY PLAt:NING COMMISSZON
TH~7' PETITION FOR VARIANCE N0. 3483 BE GRANTED
WHEREAS, th~ Anaheim City Planning Commissio~ did 'receive a vetified
Petition for Vaciance from OX ROAD GENERAL PARTNLRSHIP, 1077 West Ba11 Road,
Anaheim, California 92802, ATTN: DAVID COLLINS, owner, and JACK STOVALL AND
JOtiN SWINT, 999 West Ball Road, Anaheim, California 92802, agent for certain
real pcoperty situated in the City of Anaheim, County of Orange, State of
California described as:
PARCELS 1, 2, AND 3 AS SHOWN ON A b1AP RECORDED IN SO~K 26,
PAGE 44~ OF PARCEL MAPS, RF.CORDS OF SAID COUNTY,
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 29, 1985, at 1:30 p,m „
notice of said public hearing having been duly given as requiced 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 vaziance and to
investigate ar~d make findings and recommendations in connection therewith; and
WHEREAS, said Commissio~i, after due inspection, znvestigation 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
Eoll.owing facts:
1. Ttiat the petitioner proposes a waiver of the following to
expand an existing restaurant:
SECTIOtJS 18.06.050.0232L - Plinimum number of parkinq sGaces.
18.06.050.024 (172 parkzn4 spaces reguired; 106 spaces-
18.U6.080 96 on-site and 10 off-site proposed)
A.ND 18.48.066.050
2• That the above-mentioned waiver.s are hereby granted on the
basis that the petitioner submiL•ted a letter from the hotel located across Ox
Road authorizing employee parking on their parking lot; and further on the
basis that tl~e t:affic study submitted did not take into consideration the
elimination of the upstaira (m=zzanine) acea as a dining area; thereby the
tota.l number of seats used for dining are less than considered in the ceport;
and f~~rther on the basis that the parking waiver will not cause an increase in
traffic congestion in the immediate vicinity nor adversely affect any
adjoining land uses and granting of the parking waiver under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and
general welfare of the citizens of the City of Anaheim.
3• That the proposed variance is hereby ~ranted subject to the
petiti.oner's sti.pulation to plant trees such as "lemon eucalyptus" along the
entire south property line along Ball Road Erom Ox koad to the freeway to
provide a visual screen as viewed from Ball Road.
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PC85-114
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4• 7'hat there are er.ceptional or extraordinary circumstances or
condiL-ions applicable to the prcperty involved or to the intended use oE the
property that do r.ot apply generally to the property or class of Use in the
same vicinity and zone.
5. That the requested variance is necessary for the preservation
and enjoyment of a substantial property right possessed by other property in
. the same vicin:ity and zone, and denied to the property in question.
6• That the requested variance will not be materially detrimental
to the public welfare or injurious to the pruperty or improvements in such
vicinity and zane in which the property is located.
7• That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
peLition.
ENViRONMENTAL Zh7PACT FINDiNG: That the Anaheim City Pianning
Commission has reviewed the proposal to expand an existing restaurant with
waiver of minimum number of parking spaces on an irregularly-shaped parcel of
land consisting of ap~roximately 1.37 acres located at the northeast corner of
Ball Road and Ox Road, and further described as 999 West Ball Road (Spaghetti
Station); and does hereby approve the Negative Declaration upon finding that
it has considered the Nevative Declaration together with any comments received
during the public review process and further finding on the basis of the
initial study and 'aiiy comments received that thete i, no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFUR6, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby grant sutject Petition for Variance, upon the following
conditions which are hereby fou:~d 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 prior to issuance of a building permit, the appropriate traffic
s~~~al ~:::c-ccment Ltc; si;ail ~e paid to the City of Anahaim in an
amount as determined by the City Council for new commercial
buildings.
2. That a~y required ofE-site par.king facilities shall comply with
Section 18.06.010.020 of the Anaheim Municipal Code pertaining to
parking agreement execution and recordation, Said section requires
submittal to the Planning Department of a recorded parki.ng agreement
prior to issuance of a building permit.
3. That prior to commencement of structural framing, fire hydrants
shall be installed and charged as requiced and determined to be
necessary by the Chief of the Fire Department.
4. That trash ~torage areas shall be provided and maintained in
accordance with app~oved plans on file with the Street Maintenance
and Sanitation Division.
5. That all air conditioning facilities shall be properly shielded from
view,
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6. Thal the p[oposal shall comply with all signing requirementc of the
CR Zone, unless a variance allo~ring sign waivers is appcoved by the
Planning Commiss?on oc City Council.
7. That subject propecty shall be developed substantially in accordance
wi.th plans and specifications on file with the City of Anaheim
marked L'xhibit Nos. 1 through 3; provided, howevec, that trees, sucn
as "lemon eucalytcus' shall be planted along the ~ntire south
pcoperty line along Ball Road from Ox Road to the freeway.
8. Thal: prior lo issuance of a building permit, or within a period of
one year from the date of chis resolution, whichever occurs first,
Condition Nos. 1 and Z, above-mentioned, shall be complied with.
Extensions for furr_her time to complete said conditions may he
granted in accordance with Section 18.03.090 uf the Anaheim
Municipal Code.
9. That pcior to final building and zoning inspections, Condition Noe.
4, 5, and 7, above-mer.tioned, shall be complied with.
BE IT FU&2HER RESOLVED that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
predicated upan applicant's cumpliance with each and a11 of the conditions
heceinabove set forth. Should any such condition, or any part thereof, be
declared invalid o~ unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, sha11 be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 29th day
of Apcil, 1985. /
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CHAIRMAN, ANAHD'Tht. ITY PLANNING COMMZSSION
ATTEST:
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SF.CAF:TARY, ANAHF.IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF CRANG~ ) ss.
CITY OF ANAHEIM )
I, Edith I.. Har~is, Secretacy of the Anaheim City Planning
Commission, do hereby certify that the foregoing cesolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on April 29,
1985, by the following vote of the members thereo`.:
AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY~ HERBST~ KING~ LA CLAIRE
MC BURNEY
i~OES: CO~IMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WiTNESS WHEREOF, I have hereunto set my hand this 25th day of.
AY[il, 1985.
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SECRETARY~ ANAflEIM CITY PLANNING COMMISSION
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