PC 85-195RESOLUTION N0. PC85-195
A RESOLUTiON OF THE ANAHEIM CITY PLANNING COMMISSiON
THAT PETITION FOR VARIANCE NO. 3501 BE GRANTED
WHEREAS, the Anaheim Cicy Planning Commission did receive a veriEied
Petition for VaCiance from WILLiAPf A. MONROE AND PATRICiA E. t90NROE, 411 East
Old Lincoln Avenue, Anaheim, California 92805, owners of certain real property
situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL 1:
THAT PORTION OF THE SOUTH~AST QUARi'ER OF SECTION 20, TOWNSHi2 4
SOUTH, RANGc: 10 WEST~ IN THE RANCHO LAS BOLSAS AND PARTLY 1N
THE RANCHO LOS COYOTES, IN THE CiTY OF ANAHEiM~ COUNTY OF
ORANGE~ STATE OF CALIFORNZA, AS PER MAP RECORDED IN BOOK 51,
PAUE 10 OF h1ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDE;R OF Sklll COUNTY DESCRIBED AS h'OLLOWS:
BE;GINNING AT !.'HE S'OUTHF.AST CORNER OF LOT 40 OF TRACT NO. 2722
AS PER MAP RECORDED IP7 BOOR 74, PAGE 2i, OF SAID MISCELLANEOUS
MAPS; THENCE NORTH 0° 55' 00" EAST 125.00 FEET i0 THE NORTHEAST
CORNER OF SAID LOT 40; THENCE SOUTH 89° OS' 00" EAST 230.00
FEET ALONG THE SOUTH LINE OF LOT 39 OF SAID TRACT, AND EASTERLY
PROLONGATION THEREOP, TO THE ~~AST LINE OF SASD SECT'[ON; THENCE
SOUTH D° 55' OU` WEST 125.00 FEET ALONG SAID EAST LINE TO THE
EASTERLY PROLONGATION OF THE SOUTH LINE OF SA'[D LOT 40; THENCE
SOOTH 89° U5' 00" WEST 230 FEET TO THE POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the C.ivic Center in the City of Anaheim on August 5, 1985, at 1:30 p.m.,
notice of said public hearing having been duly given as required by Iaw and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed vaciance and to
investigate and make finding~ and recommendations in connecti.on therewith;
said public hearir~g aaviny ueen continued to the Planning Commission meeting
of August 19, 1985; and
WHEREAS, said Commission, after due inspection, in~~estigation and
study made by itself and in its behalf, and after due consideration of ail
evidence and reports offered at said hearing, does find and determine t.he
fullowing facts:
1. That the petitioner proposes waivers of the following to
construct a one-story, commercial retail center:
(a) SECTION 18.44.062.011 - Maximum structural neiqht ad'acent to
sin4le-familv zoninu.
(5 and 7 1/2 feet permitted adjacent to
the northwesterly and westerly prop~~rty
lines; 17 feet. 9 inches and 11 feet,
3 inches respectively proposed)
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PC85-195
(b) SECTiONS 1~.44.063.040 - Minirnum landscaped setback adiacent to
AND 18.44.063.USU sinqle-familv zoninq,
(_10 feet re4uired adjacent to southwesterly
property line; 0 to 8 feet proposed)
Z• That the above-mentioned waivers are hereby granted on the basis
that there are special circumstances applicable to the property such as size,
shape, topoyraphy, location and surroundings which do not apply to uther
identically zoned property in the same vicinity; and that strict application of
the zoning Code deprives the propert,~ of privileges enjoye.9 by other properties
i~i the identical zone and classification in khe vicinity.
3. That there are exception3l or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of the
pcoperty that do noL apply general.ly to the property or class of use in the same
vicinity and zone,
4. That the requested variance is necessary for the presecvation 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 welface or injurious ~o the pcoperty or improvements in such ~icinity
and zone in which ~he property is located.
6. That no one indicated their presence at said public hearing in
oPPosition; and that no coccespondence was received in opposition to subject
petition.
ENViRONp1ENTAL IMPACT FINDiNG: That the Anaheim City Planning
Commission has reviewed the propocal to construct a~ne-story, commercial retail
center with waivers of maximum structural height adjacent to single-family
zoning and minimum landscaped setback adjacent to si~gle-Eamily zoning on a
rectangularly-shaped parcel of land consisting of approximately 0.50 acre,
having a Prontage of approximately 125 feet on the west side of Euclid Street~
and further described as 1655 South Euclid Street; an@ does hereby approve the
Negative neclarar_on upon finding ~ual ic has considered the Negative
Declaratiun together with any comments received during the public review process
and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on tl~e environment.
NOW, 7~HEREFORE, BE IT RESOLVED that the Anaheim City Planning
Coinmission 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 Anahei~:
1. That prior to issuance of a building pecmit, the appropriate traffic
signal assessment fee sha.ll be paid to the City of Anaheim in an
amount as determined by the City Council for new commercia.l buildings.
2. That the existing most northerly driveway on Euclid Street shall be
removed and reglaced with a standard curb, gutter, sidewalk and
'_andscaping.
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3. That the driveway shall be constructed to accommodate ten (10) foot
radius curb retur.ns as required by the City Traffic Engineec.
9. That drainage cf subject property shall be disposed of in a manner
satisfactory to the City Engineer which shall include construction of
an undersidewalk culvert ta take the watec into Crestwood Lane.
5. That subject property shal.l be served b}~ underyround utilities.
~ 6. That prior to commencement of structural Eraming, fire hydrants shall
be installed and charged as required and determined to be necessary by
the Chief of the Fire Department.
7. That trash storaye areas shall be provided and maintained in
; accordance with approved plans on file with the Street Maintenance and
Sanitacion Division.
: 8. That prior to issuance of a building p~rmit, primary water mai~i fees
~~
shall be paid to the City of Anaheim, in an amount as determi.ned by
the Office of the Utilities General t4anager.
,;
~ 9. That the applicant shall obtain an encroachment permit foi parking
space~ located on the 5-foot wide public utility easement adja..ent to
the southerly pcoperty line.
lU. :hat all air conditioning facilities and other roof and ground mounted
equipment shall be propetly shielded from view, and the sound buffered
from adjacent residential pcoperties.
11. That *he proposal shall comply with all signing requi[ements of the CL
_ Zone, unless a variance allowing sign waivers is appro~ed by the
Plann;ng Commission or City Council.
12. That a 6-foot high masonry block wall sha11 be constr~cted and
permanently maintained alon9 the portions of northerly and southerly
property lines which abutt single-family residential zoning, and alon,
the wesrarly nroperty line. Said block wall shatl be measured from
the highest Einished grade level of the subject property or adjacer.t
r.;~ pcoperties, whichever is the higher.
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13. That the owner of subject property shall submit a letter requesting
tecmination of Variance No. 2547 to the Planning Department.
14. That subject prope~ty shall bE developed substantially in accordance
with plans and specifications on fi.le with the City of Anaheim marked
Revision No. 1 of Exhibit Nos. 1 and 2; inc.luding construction of
bleck walls as required in cnnnection with Condition No. 12, herein.
15. That prior to issuance of a building permit, or within a period of one
"'~ year from the date of this resolution, whichever occurs first,
i;',~ Condition Nos. 1, 8, 9 and 13, above-nentioned, shal.l be camplied
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1 with. Extensicns for further time to complete said rondiiions may be
r'~i
r1'~ yranted in accocdance with Section .18.03.050 oE the Anaheim Municipal
Code.
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16. That prior to final building and zoning inspecticns, Condition Nos. 2,
3, 4, 5, 7, 10, 12 and 14, above-rtienticned, shall be complied with.
~~ IT FUkTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon app.licant's compliance with each and all of the conditions
heceinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceaL•le by the final j~dgment of any court of
competent jur.isdictior., then this Resolution, and any approvals herein
contained, shall be deemed null and void.
TH~ FOREGOING RESOLUTION is signed and approved by me this 19th day of
August, 1985,
7
~,f~ ~._i . /i ~'~GLC.~c~
CHAIRWOMAN, ANAHEiM CITY PLANNTNG COMMISSION
ATiEST: ~-
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SECRETARY, ANAHEIPI CI'!'Y PLANNING COPIASISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
~, Edith L. Harris, Secretary of the Anaheim City Planning Commission,
do hereby cer:ify that the ~oregoing resolution was passed and adopted at a
meeting of the Anaheim City Planning Commission held on August 19, 1985, by the
foliowing vote of the members thereof:
AYES: COh1MiSSIUNF.RS: BUUAS, FRY, HERBST, LA CLAIRE, MESSE
NOES: COh1D1ISSI0NER,;: NONE
ABSENT: CObIMiSSIUNERS: LAWiCKi, MC BURNEY
i~~ ~+:itv'ass ~vH'r,icEVt, t have hereunto set my hand this 19th day of
August, 1985.
(~ GLC-j%~, .~C . N/Ctil.i,~.r~
SECRETARY, ANAHEIM CITY PLANNING COMMISSLON
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