PC 78-118RESOLUTION N0, PC78-118
RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0, 3027 BE GRANTED
WNEREAS, the Anaheim City Planning Commission dtd receive a verlfied
Petition for Variance from PAUL R, AND FRANCES B. GARDNER, 3109 '~est Orange Avenue,
Anaheim~ California 92801, owners, of certain real property situated tn the City of
Anahetm, County of Orange, State of California described as:
The South 1.00 acre of the East 2.00 acres of the West 5.50 acres
of the East 7.00 acres of the South 8.00 acres of the East half of
the Southwest quarter of the Northeast quarter of Section 14,
Township 4 South. Range 11 West, in the Rancho Los Coyotes, City
of Anaheim, County of Orange, State of California, as per rt~ap
recorded in book 51, page 11, Miscellaneous Maps in the office of
the county recorder of said county. EXGEPT the East 94,00 feet
thereof. EXCEPT that portion thereof lying northwesterly of the
Southeasterly line of the land descr(bed in the deed to the Orange
County Flood Control Oistr(ct recorded March 4, 1958, in book
421$, page 8q3, Officiai Records.
41HEREAS, the City Planning Commission dtd hold a public hearing at the City
Hall in the Cl:y of Anaheim on June 5, 1978, 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 Muntcipal Code, Chapter 18.03, to hear and cons(der
evidence for and against said proposed variance and to fnvesiigate and make findings
and recortme~dations in connection therewith; a~d
~iEREAS, said Conmission, after due inspection, investiga[Ion and study made
by itself and in its behalf, and after due constderation of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petttloner proposes waivers of [he following to permit the
continued use of an existing office building:
(a) SECTIOfI 18.44.062.011 ~ Maximum structural height.
1-3 i eet permit[ed;
e8~et exis[ing)
(b) 5ECTION 15.44.063.040 - Hinimum interior ard se[back.
0 eet regu re ;
3-1 2 eet exis[ing)
2. That the above-mentioned watvers are hereby gran[ed on the basis that
the petitioner demonstrated that a hardship exists in that subject property is a
trian9ularly-shaped parcel located adjacent to a flood control channel which
separates said property from the nearby single-family residential uses, and that
although adjacent property to the east is zoned RS-A-43,OOD, It is developed with a
cortmerclal guest home.
3. That the petittoner stipulated to realigning [he proposed driveway
located at the westerly end of subject property (west of the proposed racquetball
facTlity), in accordance wlth the requirements of the City Traffic Engtneer.
PC78-118
4. That there are exceptional or extraordi~ary circumstances or conditions
applicable to the propPrty i~volved or to the intended usc of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
5. That the requested variance is necessary for the preservatinn and
enjoyment of a substantial property right possessed by other proper[y in the same
vtcinity and zone, and denied to the property in question.
6. That the reyuested variance will not be materially detrimental to the
public wel`are or inJurious to the property or improvements in such vicinity and zone
in which the property is located.
7, That one person indicated her presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition; and one petition con[alni~g twenty-nine (29) signatures in opposition was
received,
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the subJect proposal to reclassify the zoning from RS-A-43,000
(Residential/Agricultural} to CL (Convnerical, Limited) to construct a racquetball
facility and permit [he continued use of an extsting office buii~ing with waivers of
maximum structural height and minimum sideyard setback on an irregularly-shaped
parcel of land conststing of approximately 1.3 acres havln9 a frontage of
approximately 358 feet on the north side of Orange Avenue and being located
approximately 730 feet easC of the centerline of Wes[ern Avenue; and does hr.reby
approvc the Ntgative Declaration from the requir~nent to prepare an envtronmental
impact report on the basis that there would be no significant indTvidual or
cumulative adverse enviro~~ental impac[ due to thc approval of this Negative
Declaration since the Anaheim General Plan designates the subJect properiy for
cormercial-professional tand uses commensurate with the proposal; that no sensitive
environmen[al impacts are Involved in the proposal; that the Iniiial Study submitted
by the peti[loner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the Clty of Anahefm Planning Departmcnt.
NOU, THEREfO~E, BE iT FESOLVED tha[ [he Anaheim City P13nning Commissfon
does hereby grant subJect Petition for Variance. upon the following conditions which
are hereby found [o be a necessary prerequisite to the proposed use of the subject
property in order to preserve thc safety and generai welfare of the Citizens of the
City of Anahe(m:
1, That this Varlance is granted subJect to the completion of
Reclassification.
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
and 2; provtded, however, that the proposed driveway located at the westerly end of
subject property (west of ihe proposed racquetball facility) shall be realigned,
subject to the revTew and approval of the Ctty TrafPic Engineer.
3, That Conditlon No. 1, above-mentToned, shall be complied with prior [o
the commencement of the activity authorized under this resotutton, or prior to the
time that the building permft is issued, or within a period of one ,year from da[e
hereof~ whichever occurs first, ur such further time as [he Planning Commtssian may
grant.
-2- PC78-it8
4. That Condltion No, 2, a~vc-mentiancd~ shall be complled Hith prlor to
ftnal building and zoning inspeccions.
BE IT FURTHER RESOLVED that the Anaheim CiYy Planntng Commission does hereby
find and determine that adoptlon of this Resolution ls expressly predicated upon
applicant's compliance with each and all of che conditions hereinabove set rorth.
Should any such condition~ or any part thereof, be declared invalid or unenfo~ceable
by the final Judgment of any court of competent Jurisdiction, then this Resolution.
and any approvals heretn contained, shal) be deemed null and vold,
THE FOREGOING RESOLUTION is signed and aRproved by me this Sth day of June
197E.
~
CHl~1RHT~N, ANAHEIM C1 PLA~lNING COMNISSION
ATTEST:
~t~e ~ .,~,.
SECRETAR , ANAIIEIH CITY PLAP~NING GOh1MIS510N
STR7E OF CALIFOP.NIA )
COUNTY OF ORANGE ) ss.
CITY Of ANAHEIM )
i~ Edith l. Harris, Secretary of the Anahcim City Planni~g CommTssion, do
hereby certify that the foregoing resolution was passed and adopced at a meeting of
the Anaheim City Planning Cortmisslon held on Junc 5. 1978, at 1:30 p.m., by the
following v4te of the members thereQf:
AYE5: COMHISSIOHERS: BARNES, DAVID, HERBST~ JONNSON, KING, LINN, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COHMISSIONERS: tiONE
IN VITtlESS 4MEREOF~ 1 have hercunto se[ ny hand this 5th day of June, )?j8,
~~ ~ ~,~,~.~:_
SECRETARY~ ANAHEIH CITY PIANNING COMMiSSION
-3- Pt78-t~8
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