PC 77-162RESOLUTION f~(i. PC77-16'~
A RCSOLUTION OF TIiE AI1AIiEIM CITY PLI~"~N{IJG COMMISSIOt!
TNAT PETITIO'~ FOR VARIAIICE IJG. 295~ QE GP'At~TED, 117 PAP,T
'dtiEP,[AS, ti~e Analieim City Planniny Commission did receive a verified
Pe;ition for Variance fron SHEL~Ot! hNU COtJSTA!lLE GOLISOtI, 5:;55 East ~~aples Avenue,
Long dcach, California ~10c03, rnancrs, ~~d HAROL~ G. MOOREHEAD, 43r~t Eiirch Strce[,
Suite 211, ttewport Beach, Lalifornia 92uG0, ayen[, of certain real property ~situated
in the City of Anaheim, County of Orangc, Sta[c of Lalifornia, described as:
PARCEL 1- TIIE P~CRTH 257.OQ FEET OF TNE EAST 3~6.5n FEE7 OF THE
t~ORTIIEAST QU~RTER OF THE SGUTN[AST QUARTEP, OF SECTIO!: 13, TOWIISNIP
4 SOUTN, RANGG 11 WEST, IN THL RANCHG LOS COYOT[5, AS SIi0W,1 0!~ !.
MAP THEHCCF RECORDED IN 600F; ~1, PAGE 11, MISCELLA}aEQ~15 MAPS,
RECORUS OF SAID OR;+IiG~ COUtlT.Y, EXCEPTINf, TIIERCFROH THE SOUTH
13~.00 FEET fJF T11E I~ORTi1 1o0.0U fEET OF THE 41E5T 15!1.~0 FEET OF
THE EP~ST 2~3.~~ FLET OF THE NORTH[l~ST QUARTEP. OF THE SOUTHCAST
QUARTE~; OF SFC"~ I!tt7 1;, T~WNSIiIP ~~ 50UT!1, RANGE S I uEST, 111 7HE
RAi1Cf!9 LOS CUYOTES, AS PCR MAP RECORD[p i~! f300K 51 PnGE 11 OF
MISCELLR:~COU; NAPS, III TtIE aFFICE OF TIIE CODUTY RC::~FiU[R OF SAID
COUIiTY .
PAP,CEL 2- A f~01~-CXCLUSiVE TRIA!lUULi~R EASfNENT FOR DRIVEWAY
PURPOSES OYEF TiiNT POr2T1011 OF TI1F: tIOR?li[AS i QUARTEP. dF TtIE
SOUTIIEFST QUARTCfi OF SECTIO'J 1j, TO'd1i51iIP ~~ SOUTIi, RA.ti~E 11 tilES7,
Itl THE RANLIIO LOS COYOTES, AS PER MAP RECORUED It~ iSG01; 51 PArE 11
OF NI SCELLf,t~E0U5 MAP~, I i~ THE OFf i Ci: OF THE COUtlTY R~CORCER OF
SAID COUNTY, DESCRIDED AS aEGIiINIHG AT T{i[ SOUTHEAST COR!IEC
Til[~ZEOf, 71!Et~CC uCSTERLY 5'~.~» FEET ALO~;G TfiE SOUTHERLY LINE
TIiLRCOF; THE;~CE ~lOR7fi[n5T li~ A DIP.ECT LIitE TO ~` POINT Otl TNE
;::~STERLY LI~tE TIIEEtEOF NoR7fIERLY to.^~ FEET FRrM 5A1~ SOUTHEl1ST
CORIILR; TilEtlLL SOUTiIEttLY ~.,:.~0 fEET ALO~IG SAIJ £AST[RLY LINE TU
TIIE P01'IT OF [3EGII:NIt7G; !iAIJ EASEPIEI~T i5 SIIUWtI ON A MAP FILED It!
(300K ~3 Pnr,E it4 OF PqRLCL MA('S, Itl THE OFFICC OF THC COU'lTY
R[CORuER OF SAID COiJNTY OF URA!lGE; and
Wi1EREPS, tiie Lity Pl:.nnimg La.x~iission did schedulc a public hearing at the
Li[y Nall in the C~[y of Ana;v~~m an July 18, 1377, ~t 1:30 p•m•, notice of said
public f,earing having bcen ~~:y given as reauired by law and in accordance with the
provisions of tne Anaheim 'lunicipal Code, Lhap[er 1L.)3, to hcar and considcr
evidence for a~.~S against said propose~ variance and to investigate and make findings
and recommen;ation~ in connection therewi[h; saicf public hearing having been
continued to lhc Planning Commission mcctiny of Au9us[ l, 1977; anJ
WIIEREAS, said Commission, aft+:•r due inspection, invcstiyation and study made
by itsclf and in its behalf, and a;t~.:;x due considerat~on of all evidence and reports
offered at said iieariny, does find ~nd deterraine tlic following facts:
1, That the petitianer proposes wa(vers of the followi~g to construct two
cor*n,ercial bui Idings:
Pc77-t62
(a) SECTIJt~ 1fi.06.QG~ - 1linimum numher of arkin s aces.
1 spaces required; ;7 spacr_s proposed)
(b) SECTIO!~ 1b.4~~,06?.011 - Maximu7 buildinq heiqht.
5 eet pernitted; 12 cet proposed)
lc; SECTIOtJ 1E,1;li,053.010 - Minimum buildin setback.
2. That the above-me~tioned v~aiver (a} is here;,y denied on [he basis that
[he petitioner scipulated to reduci~c; the gross floor areas of the comr~ercial
bulldin~s, thereby eliminaiiny [he need for this waiver.
3. 7ha[ the above-mentioned waiver (b) is hereby yrantcd on the basi, that
thc petitioner dermnstrated tfiat a hardship exists in [hat a portion of [he L-shaped
parcel is narroM~ anJ difficule to develop witiiout a waiver; and tha[ [he waiver is
granted subject to the petitioner's stipula[ions to proviue an cight (3) `oot hi9h
block wall on thc so~[h anu west propcr[y lines, to install a[en (10) foot wide
landscaped buffer abuttiny [he west and soutf~ pruperty lines and consisting of trees
plan[ed ~n twenty (20) foot centers or Iess, accordin9 to the type of tree planted,
to effectively screen the comr~ercial buildings from the line-of-sight of [he adjacent
residential area; [hat [hc pctitioncr will provide aJcquate maintenance of the ten
(10) foot landscaped buffr_r areas; tliat a mansard-type roof will be constructed on
the rear portion ~~f the building adjacent to the south property line maiching the
roof desi9n on the front of the building; and that sce-through-[ypc gates will be
prov(ded at the east anJ west ends of said building to thc cigh: (8) foot block v~all
to prevent unauthori.ed entrancc to thc :cn (10) foot buffer arca.
4. That the abovc-men[ioned waiver (c) was dcleted 5y revised plans
submitted by the petitionr_r,
5. That [here are excc~ptic~nal or er,traordinary circums[ances or condition:~
applicable to the property involved or to Lhe intended usc, as granted, of the
property that do not apply gencrally to [I~e property or class of use in Che sane
viein(ty and zone.
6. That the requested variance, as gran[ed, is necessary for the
preservat(on and enjoyraen[ nf a subs[antial property right possessed by other
property (n thc sanc vicinity and zone, and dcnicJ to the property in question.
7. Ttiat the requcs:ed varlance, as granted, wili no[ bc matcrially
detrimental to the public wclfarc or injurious to tlie property or improvemcn[s in
such vicinity and zone in whicfi Cfie property is loca[ed.
5. That ttiree (3) persons indicaLed thcir presence at said public hearing
in opposit(on; and that a letter con[aining ten (10) signatures and a petition
contatning fifty-five (5y) siynatur~s were received in opposition to the subject
petition.
ENVIR01111ENTAL It1PACT FINDIIJG: That [hc Anahelm Ctty Planning Commission has
revieweJ ; e su ~ect project, consisLin~ of two cormr~;rcial buildings with waiv~rs of
minimum numbcr of par~ing spaces, maximu~ building height arrd minimum building
setback, on approxim~tely q,~; acre loca[ed south and west of the southwesC corner of
Orangc Avunuc and Magnolia Avenuc, and haviny approximatc frontages of 114 feet on
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the south side of Orange Avenuc and 77 feet on the west sid~ of Magnolia Rvenue, and
does `~areby approve a Negative Declaration from thc requirement to prepare an
environmental impact report for the subject proper[y on the basis that there would be
no significant individual or cumulative adverse environmental impact due to the
approval of this flegative Declaration since the Anaheim General Plan d~signates tiie
subject properr.y for general cor.ime.rcial l~nd uses commensurate with the proposal;
that this p~rcel has been zor.ed f~r commercial use for several years; that no
sensitive en~•ironmen*_al eiements are involved in the proposal, and the Initial Study
submitCeu by the petitioner i~dicates no significan[ individual or cumulative adverse
environmental impacts; and that the Negative Declarati~n substantia[ing the foregoina
findings is on file in the City of Anafieim Plannin~ De~artment.
NOIJ, 7HEREFORE, fiE iT RESOLVEU th;~t the Anaheim City Planning Commission
does hereby grant, in part, subject Pe[itio~~ for Variance, upon the following
cenditi:~ns which are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve thc sare[y and general welfare of the
Citizens of the City of P,naheim:
1. That all engineering reyuirements of the City of Anaheim along Magnolia
Avenue and Oranye Avenue, including preparation of improvemenY plans and
ir~stailation of all improvements such as curbs and gutters, sidewalks, street grading
and paving, drainagc facilities or other appur[enant work, shall be complied w~th as
required by the City Engineer and in accordance with standard plans and
specifications on file in tlie Office of the City Engineer; that street lighting
facilitics alorg Magnolia Avenue and Oranye Avenue shall be installed as required by
the Director of r'ublic Utilities, and in ac~ordance witti standard specifications on
file in thc Otfice of the Director of Public Utilities; and/or [hat a bond,
certifica[e ~f ~_posit, letter of credit, or cash, in an amount and form satisfactory
to tlie City uf Anaheim sliall be posted with the City to guarartee the install~tton of
the above-mentio~ed requirements.
2, That thc oam er(s) of subject property sfiall pay to the City o' Anaheim
the swn of sixty (6Q) cents per front Toot along Hagnolia Ave~ue and Orange Avenue
for tree planting purposes.
3. That trasfi storaye areas shall be provided in accorda~ce with approved
plans on file wi[h the Office of the Director of Public Works.
4. That fire hydrants shall be installed arj charged, as required and
deterrnined to be necessary by the Chief of the Fire Department, prior to commencement
of structural framing.
5, That subject property shall be served by undergrcund utilities.
~, That drainage of subjc•cc property sliall be disposed of in a manner
satisfactory to the City En~ineer.
7, That appropriate vratcr assessment fees, as determined by the Director
of Public litilities, shall be paid to the City of Anaheim prior to the issuan~e of a
building permit.
8. 7hat subject property shall be developed substantially in accordance
with plans and specifications on file with the City o` Anaheim marked Revision hJa, i
-3- P'~77-t62
of Exhibit Nos. 1 and 2; provided, however, that (a) the minimum number of parking
spaces for corrvn~rcial uses stiall be provided as required by Code, (b) that an eight
(8) foot high block wall sliall be constructed on the south and west property lines,
(c) that a ten (70) foot wide landscaped buffer shall abut the wes[ und south
property iines and be planted with trees on ~~enty (2~) foot centers, according to
the type of tree planted, to effectively screen the commercial buildings from the
adjacent residential areas, (d) that a mansard-type roof shall be constructed on the
rear portion of the building adjacent to the south property line to match the roof
desi~n on the front of the building, and (e) tliat see-through-type gates shall be
provided at the eas[ and wes[ ends of the building adjacent to the south to the eight
(8) foot block wali.
9. That Londition t~os. 1 and 2, above mentioned, shall 6e complied with
prior to the commencement ef the activity authorized under this re~olution, or prior
to the time that the building perr~it is issued, or within a period of one year from
date hereof, whicliever occurs first, or such furtt~er tirne as the Ptanning ~ommission
may grant.
10. That Condi[ior. Nos. 3, ~, 6 and 8, above mentioned, shall be complied
with prior to final buildinq and zoning inspections.
TN[ FOR[GOING RESOLUTI01! is siqned and approved by me this lst day of
Au9ust, 1377.
v'
CF{ Rµ/~~~~ A;IAtIEiH CITY P ANMIf~G COMMISSION
ATTEST:
SECRETAR ~ AIJP,HEIH CITY PLA!INItIG G011111SSIOtJ
STAT[ OF CALIfORNtA )
COUIlTY OF OP,A~IGE ) ss.
CITY OF I~I~AtiEIM )
I, Edith L. tlarris, Secretary of the Anaheim City Planning Commission, do
hereby certiiy that thc foregoing resolution was pas~ed and adopted at a meeting of
the Anaheim City Planning Commission tie1J on August 1, 1~77, at 1:30 p.m., by the
folla~ring vote of the mert~bcrs ttiereof:
AYES: COF1111551D!~ERS: BARIIES, DAVIO, HERBST, JONIi50tt, KING, LINtJ, TOLAR
fi0E5: COI~MISSIONERS: NOf1E
ABSENT: C01•1MISSt9~lER5: WONL
1977.
IN 'diTPIESS Wl1EREDF, I have hereunto set my hand this 1sC day of August,
SECRETARY, ANAIIEIN CITY PLAtaNlrlr, COHMISSION
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