PC 77-35RESOLUTION NO PC77 -35
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2882 BE GRANTED, iN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from LOREN, JOHN AND HOWARD LUKENS, M.E.B. INVESTMENTS, 15111
Pipeline, Chino, California 91710 (Owners) and DAVID BECK, 3723 Birch Street, #23,
Newport Beach, California 92660 (Agent) of certain real property situated in the City
of Anaheim, County of Orange, State of California, described as:
A portion of Section 15, Township 4 South, Range 11 West, S.B.B.& M., in the City
of Anaheim, County of Orange, State of California, described as follows:
Bcy;.;ning at a point on the south line of the West half of the Southeast quarter
of the Southeast quarter of Section 15, Township 4, P.)rge 11, 283.17 feet west of
the Southeast corner thereof, and running thence west along the south line of the
said west half 95.34 feet; thence north parallel to the west line of the said
west half 473.60 feet to a point on the southerly line of the right of way of the
P.E.R.R., and thence southeasterly along said southerly right of way line 118.94
feet; thence south parallel to the west line of the said west line of the said
west half 401.98 feet to the point of beginning.
WHEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on December 6, 1976, at 1:30 p.m., notice of said
public hearing having 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 findings
and recommendations in connection therewith, said public hearing having been
continued to the Planning Commission meeting of February 14, 1976; and
WHEREAS, said Commission, after due inspection, 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 following facts:
1. That the petitioner proposes the following waivers from the Anaheim
Municipal Code, to construct a 16 -unit apartment complex on the subject property,
being the easterly approximately 95 feet of the property originally advertised in
connection with this variance application:
(a) SECTION 18.34.062.012 - Maximum building height.
(1 story permitted; 2 stories proposed)
(b) SECTION 18,34.065.011 - Minimum distance between buildings.
2. That Waiver 1 -a, above - mentioned, is hereby granted on the basis that,
although the subject property 'is within 150 feet of single - family residential and
agricultural /residential zoned properties to the north, south and west, there is a
railroad or an arterial highway separating the subject and agricultural /residential
properties; and the single - family residential zoned property to the west is located
in the City of Buena Park, is separated from the subject property by vacant land
which has been approved for a similar two -story apartment project, and the City of
Buena Park zoning regulations permit two -story apartments as proposed; that approval
RESOLUTION NO. PC77 -35
of this waiver is consistent with the development approved on the property to the
west; and, furthermore, the subject property has a very long and narrow configuration
and, therefore, would be a difficult parcel to develop with one -story buildings,
3. That Waiver 1 -b, above - mentioned, is deleted by the revised plans which
consider only the easterly approximately 95 feet of the property originally
advertised in connection with this variance application.
4. That the petitioner stipulated to submitting revised plans deleting the
proposed wall abutting the west property line, and providing a common driveway
between the subJect property and the property to the west, said common driveway
having one access point a maximum of 30 feet wide on Ball Road for the two parcels,
and said driveway to consist of a recorded easement for common access with an
approximately 3 to 4 -foot wide landscaped median having an appropriate number of
breaks to provide for convenient access for the residents of the two properties.
5. That there are exceptional or extraordinary circumstances or conditions
applica. a to the property involved or to the intended use, as granted, of the
property that do not apply generally to the property or class of use in the same
vicinity and zone.
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. That 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 that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT REPORT FINDING: That the Anaheim City Planning
Commission has reviewed the subject protect, consisting of a 16 -unit apartment
development on the north side of Ball Road approximately 945 feet westerly of Knott
Street, and does hereby recommend to the City Council of the City of Anaheim that a
Negative Declaration from the requirement to prepare an environmental impact report
be approved for the subject protect on the basis that there would be no significant
adverse environmental impact since a hospital facility, being a more intense land
use, abuts the subJect property to the east and an apartment project has been
approved on the adjacent property to the west; that there will be no individual nor
cumulative adverse impacts on the environment due to the approval of this Negative
Declaration since the Anaheim General Plan designates subject property for medium
density and /or commercial land uses and the initial Study submitted by the applicant
indicates no significant adverse impacts; and that the Negative Declaration
substantiating the foregoing findings is on file in the Office of the Planning
Department at City Hall.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Variance, upon the following
conditions 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:
-2- RESOLUTION NO. PC77 -35
1. That this Variance is granted subject to the completion of
Reclassification No. 76- 77 -28, now pending.
2. 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 8 (Revisions No. 1); provided, however, that prior to issuance of a building
permit further revised plans shall be submitted to the Planning Department for review
and approval deleting the proposed wall along the west property line and indicating
an easement for common access between the subject property and the adjacent property
to the west consisting of a single, 30 -foot maximum width access point on Ball Road
to serve both parcels, and said easement shall have a 3 to 4 -foot wide landscaped
median with breaks, as determined t. he , appropriate for use by the residents of the
two parcels, as stipulated to by the petitioner; and, furthermore, the agreement for
the common easement referred to herein shall be submitted to the City Attorney's
Office for review and approval and then shall be recorded i,, the Office of the Orange
County Recorder, prior to the issuance of a building permit.
3. That Condition No. 1, above - mentioned, shall be complied with prior to
the coN,,,,,,ncement of tha activity authorized under this resolution, or prior to the
time that the building permit is issued, or within a period of one year from date
hereof, whichever occurs first, or such further time as the City Council may grant.
4. That Condition No. 2, above - mentioned, shall be complied with prior to
final building and zoning inspections.
THE FOREGOING RESOLUTION is signed and approve me this 14th day of
February, 1977.
ATTEST:
44
CRETARY, ANAHE M r cm COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Commission,
do hereby certify that the foregoing resolution was passed and adopted at a meeting
of the Anaheim City Planning Commission held on February 14, 1977, at 1:30 p.m., by
the following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, HERBST, KING, MORLEY, TOLAR, JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: DAVID
1977.
IN WITNESS WHEREOF, i have hereunto set my hand this 14th day of February,
- RESOLUTION NO. PC77 -35