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PC 77-224`t; / i RESOLUTI01! N0. PC77-221i A kESOLUT I 01J OF THE AIJAFtE I M C I TY PLAtJN t t!G CONM I SS I ON TIiA7 PETITIOtI FOR VAR1AttCE t~0. 297~i BE GRI~tITED WliEREAS, tt~e Anaheim City Planning Commission did receive a verifled Pe[ition for Variance rrom DEVERLY ANN COf4PT011 AtJD CNESTER A, PE7ER50N, 221 Nor[h Maplewood, Orange, California 926G6, owners, and PHILLIP STIVERS, 1+20 South Euclid Strect, Anaheim, California 92b02, age~t, of certain real propcrLy si[uated in the City of Anaheim, County of Orange, S[ate of Califor~ia, described as: PARCEL 3, AS SIIOWIJ ON A PARCEL MAP FILED ItJ BOOf: 6~E PAGES >, 6, 7 At1U 8 OF PARCEL 11/~PS I~~ Tt1E OfFICE OF Tt1E COUtITY RELORDER OF SAID CUJt2TY; and WH~R[AS, thc City Planning Commission did hold a public hcaring at the City Nall in [hc Ci[y of Anahcim on October 2G, 1977, at 1:30 p.m., noticc of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim t1un?ci~ai Lode, Cnapter 18.03, to hear and consider evidence for and a9ainst sai~ proposed variance and to inves[igate and make findi~gs and recommendations in connection [herewith; and WHLREAS, said Commission, after duc inspection, investiyation and study made by itself and in its behalf, and af[er due considera[ion of all evidence and reports offered at ~aid hcariny, docs find and detcrminc [he follor!ing facts: 1. That [he pctitioncr proposcs a waivcr of thc following Co eonstruet a commercial officc buildiny: (a) SLCTION 1:;.1~Ii.0u2.011 - Maximiai structurai hei~. 5 tcet permitteci; 2b ~t proposed) (b) SECTIQti ~a.a~~.06Z.01~+2 - Minimum landsca cd setback. 10 eet required; 5 ee[ and 1 foot proposed 2. That the above-ment?oneJ waivers (a) and (b) arc hcreby granted on the basis that thc petitioner demonstrateJ [hat a hardship exists in that, although the adjacent property to [he nortli is currently zoned as-A-43,~00(SC) (Residential/Agricultural-Scenic Corridor Overlay), it has a resolution of intent to the ML (Industrial, Limited) Zone, is de,ignateeJ for general commercial land uses by the Anaheim General Plan, and is presen[ly developed with a restaurant. 3. That there are exceptional or extraorJinary circumstances or conditions applicable to tlie property involved or to Cfie intended use of the property that do not apply generally to [lie property or class o` use ir. the same vicinity and .zone. G. That thP requested variance is necessary for the preservation and enjoyrncnt of a subs[antial p n~per[y riglit possessed by other property in the same vicinity and zone. and denied [o thc property in ques[ion. PC~7-224 `, T. 5. That the rcquested variance will no[ be materially detrir~ental to the public welfare or injurious to the property or impruvements in such vicinity and zone in wliich ttie property is located. G. That no one indicaCed [heir presence at said public hearing in opposition; and [hat n.i crrrespondence was reccived in oppositian to the subject petition. Et~VIR0IJM[IJTAL IMPACT FI~~DItIG: That thc Anahcim City Planni~g Cormission has reviewed the subject proposal [o reclassify tlie propcrty from the RS-A-43,000(SC) (Residential/Agricultural-Scenic Corridor Overlay) Co thc CL(SC) (Commercial, '~im(ted-Scenic CorriJor Ov~rlay) Zon~ on propcrty consisting of approximately 0.7 acre located at the nor[fiwes[ corner of La Palma Avenue and Imperial tiighway, having approximate frontayes of 1~7 `cet on thc north side of La Palma Avenue and 150 feet on thc wesC side of lmperial Hiyhti~~ay, with waivcrs of maximum structural height and lanJscaped se[back; aneJ does hcreby approve the Negative Declaration from [he requirement to prepare an environmental impact report on the basis that there would be na significant individual or cumulative adversc environmental impact due to [he approval of this I~eya[ive Declara[ion since th~ Anaheim General Plan designates ihe subject property for yeneral commercial 4and uses comme:nsurate with the proposal; tliat no sensitive cnvironiru:ntal impacts arc involved in the proposal; that tlie Initial Study subnitted by thc petitioner indicates no siynificant individual or eumulative adverse environinen[al impaccs; and tha[ the IJegative Declaration substantiatiny thc forcyoin9 findin9s is on filc in thc City of Anaheim Planning DepartRent. NOII, THERLFORE, B[ IT RESOLVED that [he Anaheim City Planning Cormiission does hereby grant subject Pe[ition for Variance, upon [he following conditions which are hereby found [o be a necessary prerequisite to tlie proposed use of the subject propertY isi rrder to preserve the safety and general wclfarc of Chc Citizens of the Ci~y of Anahcim: 1, 7tiat tfiis Variance is yranted subject to [fie completion of Reclassification t~o, 7'J-78-22, now pcnding. 2, Tha[ subject property slwll be developed substantiatly in accordance with plans and specifications on file wi[fi the City of Anaheim marked Exfiibit Nos. 1 through 5. TI1E FOREGOII~G RESOLUTIOtI is signcd and approved by mc this 2Gth day of October, 1977. ` I MA~1 R TEI RE At1Al~[IM CITY PLN~NIt~G COM11155101~ ATTLST: ~~ ~ ~~~ SECRETARY, AIIAtIEIM CITY PLANNIIlG COMMISSION -2- PC77-221~ STATE OF CALIFORtJIA } COUtITY OF OftAfIGE ) ss. CITY OF ANAtiElM ) I, Editti L. liarris, Secretary of the A~aheim City Planning Commission, do hereby certify that thc foreyoing resolution was passed and adopted at a meeting of the Anaheim City P1anning Comrnission held on October 2G, 1977, at 1:3~ P•m., by the following vote of the merabers thcreof: AYES: COM1115510'lERS: 6ARNES, DAVID, HERBST, F:It~G Id0[S: COHMISSiOtlERS: tJOt~E AEISEiJT: COMMISSIONERS: JOIINSOtI, TOLAR A[ISTAItJ: COMMISSIOIJERS: Llllt~ (was not present for entire hearing) I1J uITUESS 1JHEREOF, i havc hereunto set my hand this 26th day of October, ~977• ~ ~~ ~ ~~~ SECRETl1RY, ANAIIEIH CITY PLAlIt~ING COMM1551011 -3- Pc77-224