PC 78-163~ ~ 4
RESOLUTION N0. PC 78-163
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMHISSION
THAT PETITION FOR 4ARIANCE N0. 3026 BE DENIED
WHEREAS, the Anahelm City Planning Commission did recelve a verifted
Petitlon for Vartanee from SPIERS E. AND MARY C. WILSON, HERMAN H. FLUM ANU KENNETH
D. HiNSVARK. 14205 Hatte~as Street~ V~n Nuys, California 924i1, o+mers of certain
real property sltuated ln the City of Anahetm, County of Orange, State of Caltfornia.
descrlbed as:
Lots 50, 51 and 52 af Tract 2180, as shown on a Map recorded in
Hook 62, pages 31 and 32 of Miscellaneous Maps, records of Orange
County, California.
WHERENS~ the City PlannTng Cortmission did hold a publi~: hearing at the City
Hall in the CTty of Anahelm on July 17, 1978, at 1:30 p.m., notice of saTd publTc
fiearing having been duly given as required by law and Tn accordance wlth the
provislons of the Anaheim MunlcTpal Code, Chapter 1$,Q3, to hear and constder
evidence for and against said proposed variance and to Investigate anE make findings
and rtcommenda[ions in connection thereHith; and
11HEREAS, said CrnmTsslon, after due inspectTon, Invest~gatio~ and study made
by itself and in its behalf, and after due con,idera[lon of all evidence and reports
offered at said hearTng~ does flnd and determine the following facts:
1, That the petitioner proposzs a Naiver of the following to construct a
convenience store:
(a) SECTIQN 18.44,062.011 - Maximum strutural hetaht.
5 eet perm tted;
tU e~et proposed)
(b) SEC710N 18.44.064.010 - MTnimum landsca ed area.
ect requ re a acent to stree[ rightrof-way;
2 ~et proposed)
2, 7hat the above-meniioned waivers are hereby denied on the basls that
the sfze of subJect property would permit the proposed development to be in
compilance with all applicable Zontng Code requirements.
3. That there are no exceptional or eutraordinary circumstances or
conditlons appiTcable to the property Involved or t~ the intended use of the property
that do not apply generally to the p~operty or ciass of use in the same vicinity and
zone.
4. That the requested variance is not necessary for the preservatton and
enloYmcnt of a substantlal property right possessed by other property in the same
vicintty and zone, and de~tad to the property (n qucstlon,
S. That the requested variance will be matertally detrimental to the
publie welfare or inJuriaus to the p~operty or improvemenLs in such vTcinlty and zone
In which the property is locatad.
~C7S-163
6. That 2 persons tndicated thelr pre~ence at sald publlc hearin3 in
opposition; and that no correspondence was recelved in opposition to 1he subject
petltlon.
3. That there are no exceptional or extraordtnary circumstances or
conditions applicable to the pr~perty Involved or to the Tntended use of the property
that do not appiy 9enerally to the property or class of use in the same vici~ity and
zone.
4. ThaL the requested variance is not necessary for the preservation and
enJoyment of a substantial property right possessed by other psoperty tn the same
vir.inity and zone. and denied to the property in question.
5., That the requested variance will be materlally d~trimental to the
publPc welfare or injurious to the property or improvements in such vlcinity and zone
in which the property is located.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Pianntng Commtssion has
reviewed the subject proposa to reclassfy the zoning from RS-7200 (RESI~ENTIAL,
51NGLE-FAMIIY) to CL (COMMERCIAL, LIMITED) to construct a commerciai convenience
sotre with waivers of maximum structural height and minimum tandscaped area on a
rectangularly-shaped parcel of land consisting of approxlmately 0.6 acres located at
the northwest corner of Katella Avenue and Walnut Street, and having approximate
frontages of 127 feet on the north side of Katella Avenue and 203 feet on the west
slde of Walnut Street; and does hereby approve the Negative Declaratton from the
requtrement to prepare an environmental impact report on the basis that there would
be no signiflcanY individual or cumulative adverse environmental fmpact due to the
approval of thts Negatlve Declaration since the Anaheim General Plan designates the
subject property for general commerclal land uses commensurate with the proposal;
that no sensitive enviror.mentai impacts are involved in the proposal; that the
Inittal 54udy submitted by the petitloner indicates no slgnificant individual or
cumulative adverse envfronmental lmpacts; and that the Negative Declaratlon
substantiaiing the foregoing findings is an file in the City of Anaheim Planning
Department.
N01d, THEREFOR~, 9~ !T RESOLVED that the Anahelm Clty Planning Commission
does hereby deny subJect Petltion for Variance on the basis of the aforementioned
findings.
1978.
THE FOREGOtNG RESOLUTION is signed and approved by me this 17th day of July,
~~..~c«~ J° X~ ~_/
CHAIRHAPI PRO TEI4PORE
ANAHEIM CITY PLANf11NG COMMISSION
ATTEST:
`~~.~.~. ,~ ~~.
SECRETARY, ANAHEIM CITY PLANNING COHMI5510N
_z_ PC78-163
._
~. ~ ~.~~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, Edtth L. Harris, Secretary of the Anahetm City Planning Commisston~ da
hereby certify that thc foregoing resolution was passed and adopted at a meeting of
the Anahelm City Planning Cnmmisslon held on July 17, 1978, ae 1:30 p.m.,by tha
following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, DAV[D, JOHNSON, KING, LINN~ TOLAR
NOES: C011MISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST
IN WITNESS WHEREOF, 1 have hereunto set my hand this ]7th day of July~ 197$•
~J ~ .
SECRETARY, ANAHEIM CITY PLANNING COMMfS510N
-3- PC78-163