PC 78-248i 1
RESOLUTION N0. PC 78-248
RESOLUTION Of THE ANAHEIM CiTY PLANNING COMMISSION
THAT PE7IT~ON FOR VARIANCE N0. 3~5$ BE GRAtJ7ED
WNEREAS~ the Anahcim City Planning Commisston dtd receive a verifled
Petition for Variance from AMELIA P. NHITE, 1311 Mttcheil, Tustin, California 92k80,
owner, and JANET DE CEW, 522 i.~iffwood Avenue, Brea, Callfornia 92621, agent of
certain real property situated in the Ci[y of Anahetm, County of Orange, State of
Caitfornia described as:
Beginning at the South~ast corner of thc west half of the
SoucheasL quarter of the Southeast quarter of Section 15, Township
4 South, Range 11 Nest. S. B. B. L M. and thence West along the
South line of said West half 166.57 feet; thcncc North Parallel to
the Nes[ line of said West half, 314.46 feet to a point on the
Sou[herly line of the right of way of the Pacific Electric 4aitway
Company; [hence Southeasterly along said right of way line 208.13
fect to a point on the East line of the said Ilest half thence
South atong said East line 188.95 feet to the point of beginning.
WkEREAS~ the City Planni~g Commission did hoid a public hear(ng at the Lity
Nall in the City of Anafiein on Ociober 2;~ 1476. ai 1:30 p.m., notice of said publtc
hearing having been duly given as requlred by law and in accordance with the
provisions of the Anaheim Municipal Code, Chap[er 18.03, to hear and co~sider
evidence for and agalnst said proposed vari~nce and to inves[igate and make f!ndings
and recommendations in connection therewith; and
HHEREAS, sald Commission, after due inspection, investigatfon and s[udy made
by itself and In its behalf, and after due consideration of all evidence and reports
offered at said hearing. does fTnd and determine che foliowing fac[s:
2. Ths2 Lhe ;.cti.tancr proposes a rrai•rcr of Lhe foilrn+ing io narmlt an
office trailer:
SECTIOt1 18.21.04Q - Permitted structure,
0 ice [railers not perr.~ltted)
2. That the above-nenttoned Haiver is hereby granted for an office traTler
in conJunc~ton with a convalescent hospital on the basis that the petTttoner
demonstrated that a hardship exists in [hat the use of the property consiscs of an
existing convatescent hospltal canplex and that the new 5[a[e and Federal regulattons
require that sut[able classrooms for hospital resident's be provTded~ that said
classrooms can be accortnadated only in the existing bookkeeping offtce and that the
offices must therefore be relocated to a crailer because [he property is leased and
structural additlons cannot be made.
3. That thc usa is permitted for a period of nine (9) years because thc
lease of the property is for nine ~9) years and folloriing that time a new lease may
be negottateJ or the convatescent hospital rtwy relocate.
Pc7~-248
4. That there are exceptional or extraordlnary clrcumstances or condlttons
applicablc to the property involved or to the intended use of thc property that do
not appty gener~Ily to the property or class of use in the same vicinity and zone.
5. That the requested variance is ner.essary for the preserva[lon and
enJoyment of a substantial prop~r:y right possessed ny other property i~ the same
vicinity and zone, and denied to the praperty in qucstl~n.
6, That the requested variance will not bc materially detrimental to the
public ~elfare or InJurfous to the proper[y or improvements in such vicinity and zone
1~ which the property is located,
7, Tha[ no one indicated [heir presence at said public hearing in
opposttion; and that no correspondence was received in opposition to the subject
peti[ton.
Et~VIR011MEt~TAL IMPALT FI-IDINS: The Planning Director or his authorized
representativc has deternfned that the proposed project falis within the definition
of Categorical Exemp[ions, Class 1, as deFincd in Paragraph 2 of the Ci[y of Anaheim
Environmental Impact Report Guidelines and is. therefore, ca[egorically exe.~pt from
the requiremen[ to prepare an EIR.
HOU, THEREFORE. EE IT RESOLVE~ thac tht An~hetm Lity Planning Commission
does hereby grant subject Fetition for Variance, upon the foltrn•rin9 condttions r+h3cfi
arc hcreby found to be a necessary prerequisicc to the nroposed use of the subject
property in order to preserve the safe[y and general welfare of the Citizens of the
City of Anahcim:
1. 7hat ;he owncr(s) of subject property shall deed to the City of Anaheim
a strip of land 53 feet in wldth from the cen[erlinc of the street along Ball Road
for sireet wtdening purposes.
2. Tha[ all engineering requirements of the City of Anaheim alo~g Balt
Road inciuJiny prepa~atiori of inprova:nent G23rss and 1rtst311JLtor. o` al! ImProvensenLs
such as curbs and guttPrs, sidewalks. street grading and paving. drai~agP facilities
or other appurtenan[ wori:, shall be comolicd r+ith as required by ihe City Engincer
and in accordance w(th standard plans and specifications on ftle in the OffTce of the
City Engineer; that street ligh[ing facilities along Ball Road shall be instalted
prior to final building and zoning inspectio~s unicss otherwise approved by the
Director of Public Utili[ies. and in accordance with standard speciflcatlons on file
fn the Office of the Director of Public Utllities; and/or that a bond, certificate of
deposit. letter of credit. or cash, In an amount and form satlsfactory to the City of
Anaheim shalt be pusted with the City to guarantee that ttie above mentioned
improvements wtll be ins[alled prior to occupancy.
3. Thac appropriate water assessment fees as de[ermined by che Director of
Public Utilities shall be paid to ehe Clty of Anaheim prior to the Issuance of a
building permit.
4, that trash storage areas shall be provided in accordance wTth approved
plans on file wtth the Office oi the Director of Public 1lorks.
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5, That subJect property sha1) be developed substantially in accordance
with plans and specifications on file with the Cfty of Anahetm marked Exhibit Nos. 1
and 2,
6. That Condition Plos. 1 and 2, above-mentioned, shall be complied with
prior to the commencement of the activity authorized under this resolution, or prior
to the time tha[ the building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further [ime as the Planning Commtssion
may grant.
7, That Condition Nos. 4 and 5, above-mentioned, shall be canplled with
prior to final building and zaning inspections.
8, That the office tratler ts permitted for a pcriod of nine (9) years in
conjunction with the lease of the property by Lasa Grande.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commtssion does hereby
find and determine that adoption of this Resolution is e:cpressly predica[ed upon
applicant's compliance with each and ail of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final judg^~ent of any court of competent jurisdic[lon, then this Resolution,
and any approvals hereln contained, shatl be deemed null and void.
TNE FOREGOIIIG RESOLUTIOp ts signed and approved by me this 23rd day of
October, ]978.
iA t, A A EI, CIT PLANNIPlG CONMI55!ON
ATTEST:
~~.~ ~° ~~.~.u.
SECRE7ARY, ANAtiEiH GITY PLANNING COMMISSION
STATE OF CALIFOP.T1lA )
COUNTY OF ORAtJGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris, Secretary of the Anahe?r Lity Planntng Commission, do
hereby certify that the foregoing resolution was passed and adop[ed at a meeitng of
the Anaheim City Planning Commission held on October 23, 1978, at 1:30 p.m., by the
following vote of the members thereof:
AYES: COMMISSIO~~ERS: BAltNES. 8USHORE, DAVID, NF_RBST, JOHIlSOt~, KIN&, TOLAR
t~OES: COMMISSIONERS: NON£
ABSENT: COMMIS510NERS: NONE
1978.
IN WITNESS 4JHEREOF, I have hereunto set my hand thts 23rd day of October.
~iL[~ ,.c~ ~t.~.~.~.
SECRETARY~ ANAHE(M CITY PLANNIkG LOMMISSIOH
-3- PC78-248