PC 75-87_^~,•`' ~ ~
RESOLUTION Nd. PC75-87
A RESOLUTION QF THE CITY PLANNI~JG ~~OMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 2687 BE GRANTED.
WHEREA5, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from D. DAN PAUNA, 2135 West Ball Road, NC,
Anahe~m, California 92804 (OHiner) of certa6n real property situated in the City
of Anaheim, County of Orange, State of California, described as:
PARCEL l: That portiori of Lot 18 in Tract No. 3343, as shown on a map thereof
recorded in book 102, pages 47 and 48 of Miscellaneous Maps, records of said
Orange County, lying East of the following described line.
Beginning at a point in tMe NorYh 1ine of said Lot 18, South 89° 57' 09" Eaot
thereon 57.96 feet fram the Northwest corner of said Lot 18; thence South 0
02' S1" West, paraltel with the East line of Lot 18, 122.00 feet.
PARCEL 2: That portion af Lot 18 in Tract No. 3343, as shown on a map tnereor
recorded in book 102, pages 47 and 48 of Miscellaneous tlaps, records of said
Orange County, lying west of the following described line:
Beginning at a point in the North line of said Lot 18, South 89° 57' 09" Eaot
thereon 57.96 feet from the Northwest corner of said Lot 18; thence South 6
02' S1" West, parallel with the East line of Lot 18, 122.00 feet; and
WHEREAS, the City Planning Commission did hold a public hearing at tFie City
Hail in the City of Anaheim on April 28, 1975, at 1:30 p.m., notice of said
public hearing having bee~ 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 :o investigate and make find-
ings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspecti~n, 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 fnllowing facts:
1. That the petitioner requests the following waivers from tFie Anaheim
Municipal Code, to expand unlawfully established apartments and commerc.ial officss
in the CL (COMf1ERCIAL, LIMITED) ZONE:
a. SECTIOPJ 18.44.020 - Permitted uses, (residential uses not permitted
in "CL" Zone)
b. SECTION 18.44.066.050 - Minimum number of parkinq spaces. (2 5 aces
required; s aces existing)
2, That Waiver 1-a, above-mentioned, is hereby granted on the basis that the
petitioner demonstrated tf~at a hardship would be created if said waiver was not
granted, since the use has been in existence for a period of tirnz; and that the
petitioner stipulated any curtmercial use of the subject property shall be perma-
nently terminated when the two existing commercial tenants no longer occupy the
premises and any future use of these and other units Y~ill be for residential
purposes.
3, TFiat Waivet• 1-b, above-mentioned, is hereby granted on the basis that the
petitioner stipulated that the residents of the subject apartments will be limited
to senior citizens only.
4. That the Planning Comnission determined that this variance shall be granted
for a period oT three (3) years, subject to review and consideration for extension
of time, upon.writte~ request by the petitioner.
5, That there are exceptional or extraordinary circumstances or conditions
appiicable to the property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
RESOLU710N N0. PC75-87
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6. That the requested variance as granted is necessary for 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.
7, 7hat the requested variance as granted will not be materially detrimental
to the public welfare or injurious to thE property or improvements in such vicinity
and zone in which the property is located.
8. That no one indicated their presence at said public hearing in opposition,
and no corresponder,ce was received in opposition tc subject petition.
ENVIRONMENTAL IMPACT REPQRT FINDING:
That the Director'~f Developmer.t Services has determined that the proposed
activity falls within the definition of Section 3.01, Class 1 of the City of
Anaheim Guidelines to the Requirements for an E~vironmental Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Variance, upon the following cunditions 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 Anaheim
a strip of land 53 feet in width from the centerline of the street along Ball Road
for street widening purposes.
(2) That the owner(s) of subject property shall pay to the Ci'ty of Anaheim
the sum of $2.00 per front foot along Ball Road for street lighting purposes.
(3) That the owner(s) of subject property shall pay to the City of Anaheim
the sum of 60~ per front foot along Ball Road for tree p1anY.ing purposes.
(4) That trash storage areas ehall be provided in accordance with approved
plans on file with the office of the Director of Public Works.
(5) That the existing structure shall be brought up to the mtnimum standards
of the City of Anaheim, including the Uniform Building, Plumbing, Electrical,
Hou>ing, Mechanical and Fire Codes, as adopted by the City of Anaheim,
(6) That the owner(s) of subject property shall pay to the City of Anaheim
the appropriate park and recreation in-lieu fees as determined to be appropriate
by the City Council, said fees to be paid at the time the building permit is issued.
(7) 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 4.
(8) That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with
prior to the time that the building permit is issued, or within a period of six
months from date hereof, whichever occurs first, or such further time as the
Planning Commission and/or City Council may granY.
(g) That Condition Nos. 4, 5 and 7, above-mentioned, shall be complied wiZh
prior to final building and zoning inspections.
(10) That a time limitation of three (3) years shall be granted for the use of
subject property and, upon written request by the petitioner, an additional period
of time may be granted upon approval by the Ptanning Comnission and/or City Council,
(11) That when the two existing commercial tenantsQ'Eugene L. Huwe, M.D," at
2135 West 0a11 Road and "Economy Business Se rvice" at 2139 West Ball Road) cease to
occupy the subject property, then commerr.tal use of the property shall be permanently
termtnated, as stlpulated to by the petitione~.
_l_ RESOLUTION Nb. PC75-87
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(12) That the residents of the apartments on the subject property shall
be limited to senior citizens only, as stipulated to by the petitioner.
THE FOREGOING RESOLUTIOId is signed and approved by me this 28th day of April, 1975.
GHr1 N, A AH ~ CITY P NNING COMMISSIOM
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City
of Anaheim, do hereby certify that the foregoing resolution was passed and adopted
at a meeting of the City Planning Commission of the City of Anaheim, held on
April 28, 1975, at 1:30 p.m., by the followi~g vote of the members thereof;
AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, HEP.BST
NCES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FARANO
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day ~~f April, 1975.
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SECRETARY, ANAHEIM CITY PLANNIN6 COMMISSION
_3_ RESOLUTION N0. PC75-87