PC 78-187ti
RESOLUTION N0. PC78-187
A RESOLUTtON OF THE ANANEIM CITY PLANNING COMMISSION
THAT PETITIOtI FOR VARIANCE N0. 3030 BE GRANTED
WHEREAS. the Anaheim City Planning Lomnisston did receive a verified
Petitton for Variance from CIYDE E. STIRES, 21004 Ambushers Street, Diamond Bar,
Caltfornta 9t765, owncr, of certain real property sttuated in the City of Anaheim~
County of Orange, Statc of Californla described as:
PARLEL 1: That portion of Lot 8 of the Anaheim Homestead Tract,
as shown on a map recorded in book 26, page 10 of Misceltaneous
Records, in the office of the Lounty Recorder of los Angeles
County, Lalifornia. described as follows: Beginning at a potnt on
the Nest line of the Southeast quarter of the Southwest quarter of
Sectfon 9, Township 4 South, Range 10 West, a portion of said Nest
line being the Nest iine of said Lot 3, ltorth Oa 16' S5" West
528.94 feet from the center line of Manchester Avenue, 80.00 feet
wide, described in a deed to the State of California, recorded in
book 743, page 18 of Official Records, in the Office of the County
Recorder of Orange County; thence North 89~ 43' 05" East 30.00
feet and North S4~ 08' 35" East 25.09 fect to the Northcast corner
of the land described as Parcel 6 in [he deed to saTd State~
recorded October 21, 1955 in Book 3253, page 442 of Official
Records of Orange CountY , said point being the true polnt of
beginning; thence North fl5" 12' 4~' East 64.90 fee[ along the
Southerly line oF the land described as Parcel 5 in said deed [o
the beainning of a non-tangent curve concave SouthwesYerly, having
a radius of 232.00 feet, a radial line [hrough said poin[ bears
North t$~ 54' 35" East; thence Southeasterly 106.61 feet along
said curve through a central angle of 26° 19' 42"; thence South 47°
45' 43" Easc 115.12 feet to the South line of said Lot 8; the~ce
South 89° 25' 20" West 159.05 feet along said South line to the
Easterly corner of the land described as saiJ Parcel G; thence
tlorth 73~ 46' 16" West 43.39 feet along tt~e Northeasterfy fine of
said Parcci 6[o an "anglc point"; [hence Narth 33° 20' 15" Nest
75•15 feeL along said North~asterly line to an "angle point";
thence North 0~ 16' S$" Nest 50.00 fect [o the true poTnt of
ber~inning.
PARCEI 2: That portion of the Souiheasc 1/4 of the Southrrest 1/4
of Section 9, Tawnship 4 Sou[h, Range 10 Hesi, San Bernardino Base
and Meridtan, described as folla+s: Eiegin~ing at the Southwest
corner of said Southeas[ 1/4; thence North along the Nest line of
said Southeast 1/4~ a distance of 527.30 fcet to the South line of
the Anaheim Homestead Tract, as per map recorded in Buok 26, page
10~ Miscellaneous Records in the Office of the County Reco~der of
los Angeles County~ California; thence Easterly along ,atd South
line of the Anaheim Homestead Tract, a distance of 606,95 feet;
thence South 823.48 fcet to the South line of said Southeast 1/4;
th~ence West along said last mentioned South line. 606,95 feet to
the Point of Beginning. Except therefrom that portion lying
Southerly of che Northerly Itne of xhe land described tn thc deed
to the State of Calffornia~ recorded May 26~ tg54 in Book 2734~
Pt78-187
fi ^ 1
page 59Z, Official Records of said Orange County. Also excepting
that portton lying Northeasterly of the Southwesterly ltne of
Paresl t, and that portion lying Southwesterly of the
Northeasterly line of Parcel 2, of the land described in the deed
to the State of California recorded January 13, 1956 tn Book
3352, Page 437. Official Records of said Orange County.
41HEREAS, the City Planning Commission did schedule a public hearing at the
City Hall in the City of Anaheim on July 17, 1978, at 1:30 p.m., notice of said
public hearing having been duly gfven as required by law and in accordance with the
provisions of the Anaheim Munictpal Code, Chapter 1II.03, to hear and consider
evldence for and against said proposed variance and to i~vestiga[e and make findings
and recommendacions in connection therewith; said publtc hearing having been
continued to th.e Piannin9 Commission mee[ing of August 14, 1978, and
WHEkEAS, sai~ Cortmission, after due inspection, investigation and study made
by itself and in its behalf, and after duc considera[ton of all evidence and reports
offered at said hearing, does find and determine the following facts:
io That the petitioner proposes a waiver of the foliowing to construct a
commercial building:
SECTION IE.OG.060.022 - Mtnimun number of parkin spaces.
5 spaces required; 37 spaces proposed)
2. That the above-mentioned waiver is hereby granted on the basis tha[ the
petitioner demonstrated that a hardsfiip exists due to thc size and triangular shape
of the property which restricts the developrrxnt poten[ial of said property and that
[he specific commercial use proposed includes substantial warehouseing space and Nill
not generate substantial traffic and, therefore, the required number of par~ing
spaces is too great.
3. That the proposed variance is hereby granted subJect [o the stipulation
by the petitioner chat the property wi11 be developed substantially in accordance
with thc plan submitted (Revision No. 2 of Exhibit No. 1).
4. That there are exceptianal or extraordinary ctrcumstances or conditions
appliwble to the property involved or to the intended usc of the property that do
not apply generally to the property or class of use tn the same vicinity and zone.
5. That the requested varTance ts necessary fo~ the preservation and
enjoyment of a substantial property right posscssed by other property in the same
vicTnity and zone, and denied to the property in question.
6. That the reques[ed variance wtit ~ot be materially detrimental to the
public welfare or injurious to the property or improvements in such vicTnity and zone
in ahich the property is located.
7. Tha[ no one indicated their presence at said public hearing in
opposition; and that ~o correspondence was received tn opposition to the subject
petitTon.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commisslon has
reviewed the proposal [o construct a commercTal building with a waiver of minimum
number of parking spaces on an irregularly-shaped parcel of land consTstTng of
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approxTmately 0.5 acre located at the southeast corner of Wllshire Avenue and Loara
Street. having a fron[age of approximately 362 ftet on the south side of Wtlshire
Avenue, having a maxtmum depth of approximately 115 feet; and does hcreby approve the
Negative Declaration from the requirement to prepare an environmental impact report
on the basis that there would be no significant individual or cumulative adverse
environmental impact due t~ the approval of this Negative Declaration since the
AnaheTm General Plan designates the subjec[ property for general commercial land uses
commensurate wlth the proposal; tha[ no sensitive envlronmental impacts are involved
in the proposal; that the Initial Study submitted by the pe[itioner TndTcates no
significartt individual or cumulat(ve adverse environmental impacts; and that the
Negatlve Declaratton substan[ta[ing the foregoing findings ts on ftle in the City of
Anaheim Planning Depar[ment.
NOW, THEREFORE, BE IT RESOLVED that the Anahcim City Planni~g Commission
does hereby grant subJect Petition for Variance. upon the followtng conditions which
are hereby found to be a necessary prerequisi[e to the proposed use of the subjeci
property in order to preserve the safety and general welfare of thc Citizens of the
City of Anahefm:
1. That s[reet lighting faciltttes along wilshire Avenue shall be
installed prior to the final building and zoning tnspeciions unless otherwise
approved by the Director af Publtc UtTlities, and that installa[ton shalt be in
accordance with standard specifications on file in the Offlce of the Director of
Public Utilitie5; and/or that a bond, certificate of deposit, letter of credit, or
cash, in a~ amount and forro satisfactory to Che City of Anaheim shall be posted with
the Ci[y to guarantee the instailation of the above-mencloned requir~nents prior to
occupancy.
2. That the owner(s) of subject propcrty shalt pay to the City of Anaheim
the sum of 95 cents per front foot along Wilshirc Avenue for tree. plantTng purposes.
3, That trash storage areas shall be provided ln accordance Nith approved
plans on file with the OffTce of the D(rector of Public ~orks.
4. That subject proper*_y ~hall be served by underground utflities.
5. 7hat dralnage of subJect property shall bc disposed of in a manner
satisfactory to the City Engineer.
6. That the owner(s) of subject property shall pay the traffic signal
~ssessment fee for commerclal buildings (Council Policy No. 214) amounting to 53b3.00
per tOQO square feet of building or fraction thereof prior to the issuance of
building permit.
7. That the owner(s) of subject property submtt a letter requesting the
termination of Vartance No. 2417 and Conditional Use Permtt No. 523.
8, That subJect property shall be developed substantially in acc~rdance
with plans and specificatTons on flle with the City of AnaheTm marked Revtsion No. 2
of Exhibit No, i.
g. That Condition Nos. i, 2 and 7, above-mentioned, shail be complted wlth
prior to the commencement of the activity authortzed under this resolution. or prlor
to the time that the bulldin~ permit is Tssued~ or within a period of onc year from
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date hereof~ whichever occurs first, or such further time as the Planning Cammission
may grant.
10. That Conditlon Nos. 3~ 4. 5 and B, above-mentloned, shall be complled
with prior to final bulldfng and zoning inspectlons.
BE IT FURTHER RESOLVED that :he AnaheTm CTty Planning Commission does hereby
find and determine that adoptlon of this Resolutfon Is expressly predicated upon
applicant's compliance Nith each and all of the condTtions hereinabove set forth.
Should any such condltlon, or any part thereof, be declared invatid or unenforceable
by the fina) Judgment of any court of competent jurisdiction, then this ResolutTon,
and any appr~vals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved b me thTs 14th day of
August 1978.
t!, ANA TY PLA ING COHMISSION
ATTEST:
V A ~~ ~ ~G~ii~L•..
SECRETARY, ANAIiE1M CITY PLANNING COMHISSION
STATE OF CALIFbRNIA )
COUNTY OF ORANGE ) ss.
CtTY OF ANAHEIM )
I. Edith L. Harrts, Secretary of the Anaheta City Planning Commission, do
hereby certify that thc foregofnq resolut(on aas passed and adopted at a meet(ng of
the Anahcim Ci[y Planning Cor,~mission held on August 14, tS7$, a[ 1:30 p.m.~ by the
following vote of thc melnbers thereof:
AYES; GQM.41551QpER5: BARNES~ QAVIOr HERBSTr JOHN5011~ ~C~NG~ IINN
NOES: COMMISSIONERS: t~OHE
ABSENT: COMMISSIOt~ERS: TOLAR
IN 411TNE55 HHEREOF~ I have hercunto set my hand Chls 14th day of August
197~.
`~~-~ .~ ~~~ ~
SECRETARY ~ ANAHE IM C i TY LAtll: I NG ~HH~`~TDA
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PC78-187