PC 77-19~
RE~~LU710N NQ. PC77-1`~
A RESO~i, f ION OF THE ANANE t'1 C ITY PLA~JtJ I N; C(1M'11 SS I ~'!
THAT PETITION FOR VARIANCE N0. 2$87 BE ;RANTED,
WHEREAS, [he Anaheim City Plannin~ Cwnmission did reccive a veriFied
Petition for Variance from A!lr,~~ST R. A'~D AOD[EI~E K, ZUTTEP,, 31h0 Baii Road, Anaheim,
California 928Q6 (Owners); ALI LABIB, 15751 Brookhurst Str~et, '-'i33, Wes[minster,
Lalifornia 92683 (Agen[) of certain real proaerty situated in the City of Anahr_im,
County of Crange, State ~f Califurnia descrihed as:
The East 160 feet of ihe West 33~ fe~t of the ~~orth ?F4 feet of ttie North~•~est
quarter of the North~~rest quarier of the !lortheast auarter of Section Twenty-
three, Township Four South, Range Elev?n 4lest, 5. B. B. ; M.
1JIiEREAS, the City Planninq Coa+mission did hold a puhlic he.aring at the City
Hali in the CitY ~f nnaheim on January 17, i°77, at 1:30 p,M., noticr of ,aid nublic
hearing having baen duly give~ as reGuired by la~•: and in accnrdance with thc
~ro~lsions of ihe Anaheim Municipa! Code, Chapter 1',Q3, to hear anei consider
evidence for and against said proposed vari~3nce and [~ investiqate and nake findings
and recommendations in connection there~,~ith; ar,ci
WHEREAS, said Commission, after dur_ inspection, investigation and study R:]C~C
by itself and in its 6ehalf, and after duc cnnsideratlon of all evitien~e and repor[s
offered at said hearing, dnes find and dP[ermine the follo~•:ing facts:
1. That Ihe petitioner proposes the fnllo~:~inq waiver f~om [he Anaheim
'iunicipal f.ode to consiruct a 21-unit apartrnent comnlex:
SECTION 18.34.~62.~1?_ - Haximun building hciqh. (t siory
permitted; 2 stories ~roposed)
2. That t`~e above-menCioned waive~ is hereby granted on the bas+s [hat,
al[hough the adjacent property [o the west is zoned for resic:~ntial/a,rir.ultural lar.d
uses, saiJ pr~perty is indica[ed on the Anahcim ;eneral Plan for hiqher ~ensity land
usage in which even[ [wo-stnrv developme~[ on ~he suhjecC property +,rould be
permitted.
'.. Ti:i [here are exception.:i or extraordinary circums[ances or conditions
applicabie to the proper[y involved or to Chn lnte~ded use of the proper*y tha[ do
not ~pp~y ~3enerally to the prope.~ty or ciass of usc in thr_ sare vicinity and zone.
4. That the requested variance is nrcessary for tt~e preservation and
enjoym~nt of a substa°'ial property right possessed by oiher proper[y ln the same
vicini[y and zone, an~; {enied to t~e properCy in que5tion,
5. That *_nc requested ~~ariance will not be ma,erially detrimental Co the
public welfare or injur~ous Yo the property or ir~provemenrs in such viclnity and zone
in ~•mich the property i:. located.
G. That the pet~tioner stipulate<i to providi~q sound-attenuation measures
adjacent to Bail Road in accerdance with Counci! Policy No. ;~~2.
RE50~UTION ND. PC77-19
7, That the petitioner stipulated that all carports will he enclos~d c•
three sides and constructed in conpliance with Code standarcis.
$. That one (lj persor. appeared ~t saio puhlic hearing in opposition; an~1
that said ~pposition also submitte~i a letter obj°ctina to the prooosal.
ENVIRON!1EN1'AL IMPACT REPOR.T FI~~DIt~;: That thc Anaheir~ City Planning
~ommiss~on d~es hereby recommend to th< Lity Council of the City of Anafieim that a
negaLive declaration from the reouireme~t Cu preoare an environmental impact report
be appro~~d for the subject project, p~irsuan[ to thr. provisions of the California
Environmental Quality Act.
t~OW, 7HEREFORE, BE IT RES~IVED th~t the Anahr_im C~ty Plannin9 Commissicn
does hereby grant subject ?etition for Variance, upon the follawing conditions which
are hereby found to be a nec^ssary pre~requisite to the proposed use of the suhject
property in order to preserve thn safety and qeneral welf~re of the Citizens ~f [he
Llty of nnaheim:
1. Tha[ [his Uariance is !~rar:ted s~~bject to thr_ cnnpletion of
P,eclassification tJo. 76-77-;5, ~~~y ~en~iin9.
2, That sound attenuation measures shall be ::rovidr.d adjacen[ to Ball
RoaJ, in accordance with City Council Policy No. ;t+2~ as st:~ulated Co hy the
petitloner, unless waived by City Council.
3. ThaL subject pronerty shall be ,{r.velopeJ suhstantially in ac~~rdance
with plans and specifica[ions rm file with the C~ty o` Anahcin R1l!'I!er~ Exhihit Nos. 1
through 4; providr_d, however, that all carports shall be enclosed on three (3) sides
and otherwise constructed in compliance wi[h Code siandards, as stipulated to hy the
~ ~etitioner.
4, That Condition !~o. 1, above-mentionr.A, shail be comnlied with nrior fo
the commencement of [he activity ~~~thorized under this resolution, or prior to the
time that [he building pcrmi[ is issucd, or wiYiiin a period of one year from date
hereof, whichever ~cc.urs first, or such further [lme as the Planning Cor+mission
and/or Ci[y Council may grant.
5, That Condition ~.os. 1, ', and 3, above-nentioned, shal! be complicd
.:ith prior to final building and zon~ng inspections.
7HE POREGQINf, RESOLUTION is siqned and approved hy me this 17th Jay of
January, 1977.
,~l~c~~% ~/- ~~~-
CHAIRMAt~ PR~ TENPORE
AI~AHE~M CITY PLAtJNItJ, C~M~11SS10~~
.1TTEST:
_ i i~~-{i • _L~ ~ i ~~„ ,:C~.-~~
i . U~, ~ :
SECRE'itii.l' ,„I:,:t1E I`i C i'Y LAtIN I!~r,. fOM!1 f SS I OFJ
-2- RESOLUiIOtd ~10. PC77-19
STATE OF CALIFORNIA )
COUNTY OF 0~4NGE )ss.
CITY OF ANAHEIM )
I, °atricia B. Scanlan, Secrctary or the Anaheim City Plarining Commission,
do hereby certify that the foregoing resolution was passed and adoa[ed at a meetinn
of the Mahelm City Plan.ning Cortnnission, held on January 1?, iQ77, at 1:3~ P•m•. ~Y
the following vote of the memhers thereof:
AYES: COMMISSIONERS: DARNES, DAViD, NER95T, KINf, !10RLEY, TOLAR
NOES: C011MISSION'eRS: N01lE.
AE3SEN7: COHMISSIONERS: JOHt~50N
197i.
IN WITNE55 WHEREOF, I have her~~ntc set my hand this 17th day of January
~--~.
' ,8 . ~ ~ -~~
( -~~~~~~~
SECRETkRY, A~~AHEIM LiTY PLANNING LOMMISSION
-j- RESCl.UTION N0. PC77-19