PC 78-178RESOLUTION N0. PC 78-178
A RESOLUTION OF Tf1E At1AHEIM CITY PLAN~IING COMNiS510N
THAT PETITION FOR VARIANCE N0. 3034 BE GRANTED IN PART
1JHEREAS~ the Anaheim City Planning Commission dTd receive a verified
Petition for Variance from CHARLES F. AND ALYCE S, SIGAIA, 39120 Ramona Boulevard~
San Jacinto. Californla 92388~ owners. and J. RICKHpN, 2047 Ralnbow Drive, Santa Ana,
California 927Q5, (agent) of certain real property situated in the City of Anaheim,
County of Orange. State of Catifornia descrtbed as:
The East 87 1/2 feet of [he North 277 feet of "Anaheim Extension",
in the City of Anaheim, as shown on a map of survey made by
41llliam Hamel on file in the office of the Cou~ty Recorder of Los
Angeles County, California.
1~M EREAS, ihe City Planning Lommission did hold a public hearing at the City
Hall in the Lity of Anaheim on July 31. 197~, at 1:30 p.m,, notice of satd public
hearing having been duly given as required by IaH and in accordance wtth the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said prooosed variance and to investigate and make findings
and recortmenda[ions in connection therewith; and
NHEREAS. said Commisslon, af[er duc inspectton, investlgation and study made
by itself and in its behalf. and after due considerntion of all evidence and reports
offered at said hearin9, does find and determine the foliowing facts:
1. That the peti[loner proposes a waiver of the following to construct two
commercial buiidings:
(a) SEGTION 18.44,063.040 - Min(mum setback abutcin~ a residentlal zone.
Q eet require ; None proposed
(b) SECTIOt! 18.44.068 - Required site screenTng
2. Thac the proposed waiver (a) is hereby granted o~ the basls tha[ even
though adJacent properties to che east and south are zoned RM-12Q0 and RM-2400
(Residential, Multiple-Family). they are currently developed with non-reiidenttal
uses consisting of a school to the east and a church to the south.
3. That the propased wafver (b) is hereby denied on the basTs that
subsequent to the advertlsement of the public hearing. [he petitloner submitted
revTsed plans deleting the need for satd waiver,
4, That there are exceptiona) or extraordtnary ci~cumsiances or conditions
applicable to the property tnvolved or to the intended use. as granced~ of the
propcrty that do not apply generally to the property or c~ass of use in the same
victnity and zone.
Pt78-t78
5, That the reGuested variance, ~s gt•anted, is necessary fo~ the
propertytinnthe same~vicinityfand zonestand~denied to~thc proparty in question, other
6. That Lhc requested varlance~ as granted, wi~~o~"OiR bovementsa,ln
detrimental to the public rrelfare or (nJurious to the property P
such vicinity and zone in Hhich the property Is located.
7. That no one indicated their presence at said publlc hearing in
oppositlon; and thai no correspondence was received in oppositton to the subJect
petition.
EHVIRONt1ENTAl IMPACT FINDING: That the Anahcim City P~~~~~~9 ~~ission has
reviewed the proposa to rec ass7 y the property from the CL (COMHFP,CIAL, LIMITED)
and RN-2400 (RESIDENTIAL~ MULTIPLE-FAMILY) Zones to the CL (COMME-:CiAL, LIMITED) Zone
to construct trro commerclal buildings wiCh waivers of minl~;;~m •;etback abutting a
residentla) zone and required site screening on a rectangularly~~haped parcel of land
consis[1~g of approximately 0.4 acrc having a fro~tage of approximately 88 feet on
the south side of Lincoln Avenue, having a maximum depch of approximately 217 feet,
being located approxlmacely °95 feet east of che ceRterline of East Street; and does
hereby approve thc Negative Declaration from the requirement to prepare an
environme~tal impac[ report on the basis that there Frould be no significant
individual or cumulative adverse envTronmental impact due to the approval of this
Negattve Declaration since the Anaheim General Plan designates the subJect property
for general cornmercial land uses cx.s.^.ensurate with the oroposal; that .^.o sensitive
envirnnmenta) Impacts are involved in the proposal; tha[ the Ini:lal Study subnitted
by the pecitloner indicates no significant lndividuai o~ cumulative adverse
environnental impacts; and that the Negative Declaration substantiating the foregoing
findings Is on filc ln Che City ofi A~aheim Planning Department.
tdON, 7HEREFORE, BE IT RESOLVED that [he Anahelm Li[y Planning Commission
does hereby grant, In part. subJect Petitio~ for Varian~e, upon the fallowing
conditions which are hereby found to be a necessary prerequ(si[e to the proposed use
of the subject property in order to preserve the safety and general w~ifare of the
Cltizens of the City of Anahein:
1. That this Varlance is gran[ed subJect to the completion of
Reclassiftcation No. 7a-79-7. now pendtng.
2, That the owncr(s) of subJect property shall pay the tftor,~tai9the
assessment fee far commercial bulldings (Council Policy No. zi4). P
Issuance of a bulldtng permit.
3, That subJect property shall be developed substantially in accordance
with plans and speclfications on file with the City of Anahetm marked Exhiblt Nos. 1
and 2.
BE IT FllRTHER RESOLVEO that thc Anaheim Ctty Planning Commisslon does hereby
find and determtne that adoption of this Resolution is expressly predicated upon
appllcant's compllance with each and all of the conditlons heretnabove set forth.
_2- PC78-178
.
Should anY~nalh ud~ment~of an ~couP[roftcompetentejurtsdtctlon~ethen thlsnResoluttone
by the f rovals hereln contalned. shall be deemed nult and vo(d.
and any app
THE FOREGOIHG RESOLUTI01+ is signed and approved by me this 31st day of July
t978.
A~ ~ p ING COMMISSION
ATTEST:
O ~ „ ~
SECRETARTF, A~~AHEIM CITY LANNING COHMISSION
STATE OF CALIFOR~IIA )
COUNTY OF ORAI2GE ) ss.
CITY OF ANAHEIH )
t~ EdTth l. Harris, Secretary of the Anaheim City Planning Corm~ission, do
hereby certify that the foregotng resolutlon was passed and adopted at a meeting of
the Anahelm City Planning Cortmission held on July 31. 197fl, at 1:3~ P.m.~ by the
follo~aing vote of [hc members thereof:
AYES: CGMHi5SI0t~ERS: 4iARHES. DAYID~ HERBST* JON~SON. Y.iNG. TOL~R
NOES: COHri155101iER5: NONE
ABSENT: CONH155{OMERS: LINN
IN WI7HES5 NNEREOF~ I have hereunto set my hand thTs 31st day of July~ 197a•
~ ~ ~° 2-L~..
SECRETARY~ ANANEIM CITY PLAN!~ING GOM`1~SSION
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