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PC 76-254~ ' ' ~ RESQLUTION NJ. PC76-254 A RESOLUTIOPI OF TIfE ANhHEItt CITY PLANNIPIG LOMMISSION THP.T PETITIQN FOR VARIANCE ~~0. 2874 BE GRANTED, I~~ PART WIIEREAS, the Anaheim City Planning Commission • did receive a verified Petition for Variance from BERIJARDO M. A"!D NARGARET L. YUR9A, 125 South Claudina SCreet, Anaheim, Califorr.ia 92&05 ~a+ners) and RON ALL.E1~, 5556 Eas[ Santa Ana Canyon Road, Anaheim, Cal?fornia 92807, fiIRAM A. DEFRIES, 26486 Veracruz Lane, Mission Viejo~ California 92fi75, and TiiOMAS L. WOODRUFF, 1055 North Main Street, rN1020, Sa~ta Ana, California 927~1 (A9ents) of certain real property situated in the City of Anaheim~ County of Orange, State of Cai.iforni~ described as: . Parcel 3, as slioo-Jn on a map filed in book 50, page 36 of ~arcel Maps, records of said Orange County. WIIEREAS, the Cfty Plannin9 Corimission did schedule a public hearing at cne City tfall in the City of Anaheim on November f3, 1976, at 1:30 p.m., notice of said public hearing havin9 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 findbeen and recommendations in connection therewith; said public hear,ing hav(ng conti~ued to the ?lanni~g Commission meeting of December 6, 1976;~and W{IEREAS, said Commission, after due inspection, investigatton and study made by itself and in its behalf, and after due corzsideration of all evidence and repor[s offered at said hearin9, does fi~d and d~tennine the following facts: 1. 7hat thA petitionzr proposes the following waivers from the Anaheim Munlcipal ~ode, to construct se!f-service gasoline pumps and two o°'rice buildings: (a) SECTION 18.~~4.062.011 - Maximum building hei ht. (0 feet permitted; 13 •eet an eet propose~d}- (b) SECTION 1£i.S4.OG1.Q4Q - Permitted uses. (c) SECTION 1(3.£l~~.OG2.011 ' M~~OO~feet'requlredtb25kfeet propose~lesswa (d) S[CTION 13.811,pG2.012 - tllnimum butldtng setback from an arterial hiqhwa . 50 ect required; 2D eet and 1 feet proposed (e) SECTI011 18.84.Q62.bl~i - Minimum la~dsca ed setback from an arterial i9hwaY• (f) SLCTIOIJ lA.A4.D62.(ll~a2 - Minimum landsca ed setbaek from a resiciential zonc. 0 ect requlre ; 0 eet proposed (g) SECTION 18.34.OG2.0~~0 - Prohibit_ed signin9. (1 free-standing slgn_ proposed;~ree-standir~g siqns nnt pcrmitted in the Scenic Corridor) 2. That Waiver 1-a, above-mentioncd, is hereby granted on the basis that, although the adJacent property to the east is zoned residentially= said property is devetope'd with a public school in the RS-A-43,000(SC} Zone. 3, That Waiver 1-b, above-mentioned, is no longer necessary since reviscd plans were submitted deleting the service station from the proposed development. 4, That Waivers 1-c and 1-d, above-menttaneJ, are hereby granted on the basis that tne petitioner demonstrat=d that a hardship a~ould be created if said waivers were noL' granted, duie to the size and shape of the sub)ec•, property; and, furthermore, another development: in the tnmed"+ate area was granted a simi{ar setback adJacent to Santa Ana Canyon Roeid. RESOLUTION M0. PC76-254 . ~ • ' ~ 5, That Waiver 1-e, above-mentioned, ds no 7onger necessary on the basis that revised plans were submitted indicating landscaped setbacks adjacent to public streets, in compliance with said Code requirement. 6. That Waiver 1-f. above-mentioned~ is hereby granted on the basis that, although the adJacenC property to the east is zoned residentially, said property is developed with a public school in the RS-A-43,000(SC) Zone. 7, That Naiver 1-g, above-r.:entioned, was withdrawn by the petitloner with the stipulation to comp!y with all signing requirements of the Scenic forridor Zone- Overlay. 8, That the petitioner stipalated to perpetually malntalning che landscaping in the rlght-of-way adJacent to Santa Ana Ca~yon Road and Imperlal Nighway. 9, That the petitioner stipulated that the use of the pnoposed structures will be solety for b~siness offices and will exclude any medical uffices, medical laboraCories, or related uses, and also shall exclude any commer~ial-retaii uses, or other commercial uses having parking requirements exceeding the number of spaces provided fo- ths proposed offica buildings. ~ 10. That the petitloner stipulated to modifying the median cut located in ~~^-.~ria1 Highway near the southern boundary of the subJect prop~rry znd Co constructing a new median cut shown on the submitted alans to align with the proposed driveaiay on subject property and the existing driveway on the westerly side of Ir.;perial Ifighway, the cost of which is to be borne entircly by Che petitioner, and ~aid modtftcations to be reviewed and approved by the City Traffic Engineer. 11, That tr~e petitioner stipulated to submitting ~recise landscaping plans for Plannfng Commission review and approval. 12, That there are exceptional or extraordinary circumstances or condittons applicable to the property in:rolved or to the intended use, as granted, of the property that do not apply 9enerally to the property or ciass of use in the same victnity and zone. ' 13, That the requested variance~ as granted, is necessary for the preservation and er.Joyment of a substantial property right possessed by other property fn the same vicinity and zone, and denied to the property in que~tion. 14, That the reques~ed variance~ as granted, will not be materlally deYrimental to the. public welfarc: or inJurtous to the •property or improvements in such vtcinity and zone in which the property is located, ?5, That the Anaheim Clty Pl~nn3ng Cortmisston dues hereby recommend to the Lity Courc!': ::" the City of Anaheim that Lity Council Policy No, 201 be walved for the preposed development l'o permit accESS within 33~ feet of the centerltne of tlie nearest traffic lanc on Santa Ana Canyon Road, on the basis that a hardship would be crea!ed if satd waiver were not gran*.ed, due to the slze and sfiape of the sub]ect propercy. 16. Thai two (2) pcrsons apNeared at said publlc hearing in oppositior+; and that no correspondence was received in opposition to the subjcct petition. FNVIRONIIENTAL IMPACT REPOR7 F11~DING: That the Anaheim City P~anning Cortaisission does iereby recommend to the City Council of the City of Anaheim that a negative declaration 4;on: tPe ;equfreuents to preparePfovisionsnmoftathemPCalifornia be ap~~roved for the sub ect ro ect, p rsuant to he Environn~ental Qualtty Act. NOW, 71iERFFORE, BE IT RESOLUED thnt the Anaheim City Planning Commisslon doES hereby grant subJect Petition for Variance, in part, upon the following conditions which are hereby founJ to be a necessary prerequisite to the proposed use of ¢he subJect property in order to preserve the safety and gencral welfare of the Citizens of the City of Anaheim: 1, That this varia~ce is granted subJect to the completi~n of Rec:tassificatiun Nos. 64-65-4 and 71-7z-7~ now pending. _y_ RESOLUTICt~ 1~0. PC76-254 ~ • ~ ' ' ~ 2. That all engineering requirements of the,Ci~ty of Anaheim along Santa Ana Canyon Road and Impe~ial Ilighway, including preparation of improvement plans and installation of all improvements such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other appurtenant work, shall be comptied with as required by the City Engineer and (n accordance with standard specifications on file in the Of`ice of the City Engineer; that street lighting facilities alon9 Santa Ana Canyon Road and Imperial H(ghway shall be installed as required by the Director of Public Works and in accordance with standard plans and specifications on file in the Office of the.Dtrectar of Public Utilities; and that a bond, certiffcate.of deposit, letter of credit. or cash, in zn amount and `orm satisfactory to Che City of Anaheim, shall be posted with the City to guarantee the i,nstallation of the above-mentioned requirements. • 3, Thet trash storage areas shail be provided in accordance with approved plans.on file with the Office of the Director of Public lJorks. 4, That appropriate water assessmenY fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the issuance of a building permit. 5. That the existing integrated tract sian shall be removed, 6. That the proposed development shall comply with all signing requirements of the Scenic Corridor Zone-Overlay, as.stipulated to by the petitioner. 7, That the median cut locatet in Imperial Hlghway near the southern boundary of the subJect property shall be modtfied, and a new median cut, as shown on the submitted plans and approved by the Traffic Engineer, shall be constructed to allgn with the proposed driveway on subject property and the existiny driveway ~n the westerly side of Imperial Highway, the cost of which is to be borne entirely by the petitioner~ as stipulated to by the petitioner. , 8, That precise landscaping plans shall be submitted for P1anning Commission review and approval, as stipulated to by the petitioner. 9, That the landscaping in the right-of-way ~dJacent to Santa Ana Canyon Road and Imperial Highway shall be maintained in perpetvity by the property ~Nner(s), as stlpulated to by the petitioner; and that a written agreement for said perpetual matnCenance shall be submitted to the City Attorney's Offtce for review and approval and then filed and recorded in the Office of the Orange County Recorder prior to the issuance of a building permit. ' 10, That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anahelm marked Revision No. .1, of Exhibit Nos, i, 2 and 3. 11, That Condition t~os. 1, 2, 5 and f3, above-menttoned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time [hat the butld.ing permit is issued, er within a period of one year from date hereof, whichever occurs first, or such further time as, the Planning Commission or City Council may grant, 12. That Condition Nos.. 3, 6, 7 and 10, above-mentioned, shall be complied with prior to final buildin9 and zon(ng inspections., 13. That no medical offices, medical laboratories or related uses, or any commercial-r~tail usos or other cpmmercial uses having parking requirements exceeding the number of spaces provided for the proposed office buildings, shall be permitted as tenants of the proposed offiae structures, as stipulated to by the petitioner. TNE FOREGOIP7G RESOLUYION is signed a ap roved by me this 6th day of December, 1976. ~ ~ CHAIRMAN, ANAHE111 TY PLAWPiING COMMMfSS10N ATTEST: . ~~;.~,~~,~..~ SECRETARY, ANAHEIM CITY PLANrviNG COMMISSION _3- RESQLUTIOt~ N0. PC76-254 ~ r ' ' ~ ~ ~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIH ) I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution ~aas passed and adopted at a meeting of.the Anaheim City Planning Comm3ssio~ held on December 6r 1976, at 1:30 p.m.~, by the followin9 vote of the members ~hereof: AYES: COMMISSIOIIERS: HERBST, KING, MORLEY, JQHNSON tJOES: COMMISSIONERS: E3ARtJES, FARANO. TOLAR ' ABSENT: COF411SS104ERS: NONE IN.WITNESS WIiEREOF, I have her.~unto'set my hand this 6th day of December, 1976. ~~"r.~~ GsL~ ~ SECRETARY, ANAHE I•1 CITY PLANNING COMMISSION . -k- RESOLUTiON N0. PC76-254