Resolution-PC 2007-44! ~ _
RESOLUTION NO. PC2007-44 '
', A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 2007-04722 BE GRANTED
(1570 SOUTH HARBOR BOULEVARD)
` WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as:
PARCEL 1: :
THE SOUTH 170.40 FEET OF THAT PORTION OFTHENORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF TME SOUTHEAST QUARTER OF
' SECTION 22; TOWNSHIP 4SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, <
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CAUFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A PONT IN THE WEST LINE OF SAID SOUTHEAST QUARTER
OF SECTION 22, DISTANT SOUTH 0°14'30" EAST 298.40 FEET FROM THE
CENTER OF SAID SECTION, SAID CENTER POINT'BEING THE INTERSECTION,
SAID CENTER LINE OF CERRITOS AVENUE FROM THE WEST WITH THE
NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION; THENCE
FROM SAID PbINT OF BEGINNING NORTH 89°56'00" EAST 660.70 FEET TO A -.
ONE-INCH IRON PIPE AS SHOWN ON A MAP FILED W BOOK 15, PAGE 4 OF
RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY; THENCE SOUTH 0°15'00" EAST 340.76 FEET TO A ONE-
INCH IRON PIPE, AS SHOWN ON SAID SURVEY; THENCE SOUTH 89°55'30"
WEST 660.75 FEET OT A PONT ON SAID WEST LINE OF THE SOUTHWEST
QUARTER, DISTANT SOUTH 0°14'30" WEST 639.26 FEET FROM THE CENTER
OF SAID SECTION; THENCE NORTH 0°14'30° WEST 340.86 FEET TO THE
POINT OF BEGINNING.
' WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on April 30, 2007, at 2:30 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 18.60 "Procedures", 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 applicant proposes waiver of the following provision to construct an ice cream parlor
within an existing hoteL•
(a) SECTION NO. 18.16.090.040 Minimum interior structural setback
15-foot wide fully landscaped setback required; 4_5
feet proposed)
2. That the above-mentioned waiver is hereby granted because the site is uniquely constrained
by its irregular shape and narrow configuration and these are special circumstances applicable to the
property which do not apply to other identically zoned property in the same vicinity.
CR1PC2007-44 -1- PC2007-44
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3. That the request waiver is necessary for the preservation and enjoyment of a substantial
property right since there are multipfe properties in the vicinity already developed with the benefits requested
by this waiver, and strict application of the zoning code would deprive the property of privileges enjoyed by
other properties in the same vicinity and zone. "
4. That the requested variance will not be materially detrimental to the public welfare or :
injurious to theproperty or improvements in such vicinity,and zone in which the property is located because
the deviation requested is similar to other existing conditions in the community.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning
Commission has reviewed the proposal to construct an ice cream parlor within an existing hotel and does
hereby determine that the proposed project's environmental effects are within the parameters, assumptions
and time frames analyzed in the previously-certified Environmental Impact Report No. 313 for the Anaheim
Resort SpecificPlan and that it'has considered the previously-certified Environmental Impact Report 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 the environment:
NOW,' THEREFORE, BE IT RESOLVED that the Anaheim 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 topreserve the health and safety
of the Citizens of the City of Anaheim:
Prior to' issuance of a buildinq permit or within a period of one (1) vear from the date of this
resolution, whichever occurs first, the followinq conditions shall be complied with: _
1. That prior to issuance of a building permit or within 90 days from the date of the approval of this
project, the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an amount
established by City Council Resolution.
2. That prior to the issuance of a building permit or within 90 days from the date of the approval of this
project the developer shall pay a traffic and transportation improvement fee to the City of Anaheim,
Traffic Engineering Division, in an amount established by the City Council Ordinance/Resolution.
Prior to final buildinq and zoninq inspections the followinp conditions shall be complied with:
3. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 9 through 3, and as conditioned herein.
General Conditions:
4. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
5. Extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim MunicipaL '
6. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
-2- PC2007-44
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7. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equiyalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification: complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
' BE IT FURTHERRESOLVED that the applicant is responsible for paying all charges related
fo the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges ' -
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 30, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures an y laced b a C' - Council
Resolution in the event of an appeal.
CHAIR , NAHEIM PLANNING COMMISSION
ATTEST:
iz~+'~''~- ~~~Zt~~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~T-~' day of
, 2007.
r
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION