PC 78-253RESOLUTIOt! N0. PC 78-253
A RESOLUTIOIJ OF THE AN~HEIM CITY PLANNING C011MlSSION
THAT PETITION FOft VNRIANCE N0. 3060 BE GF'AtITED
WHEREAS, the Anaheim City Planntng Commission dld receive a veriPied
Peti[ion for Variance from ROBBIE KAUFMAN AND JAMES NORMAN 110RGAtd, 300 South Narbor
Boulevard, Suite 510, Anahelm, Callfornia 928Q5, ormers of cerYain real property
situated in the City of Anaheim, County of Orange, State of California descrtbed as:
Beginning at the Northwesterly corner of Block 8 of a replat of
the Orchard Park Tract, as shown on a Map recorded in Book 7, page
6 of Miscellaneous Maps, records of Orange County, California;
thence Easterly along the Northerly line of sald Block, 249.75
feet; thence Southerly parallel to the Westerly llne of said elock
S, 229.$ feet; th~nce Westerly parallel with ihe Northerly iine of
said Biock, 249.75 feet to [he Westerly line of said Block; thence
Northerly along the Westerly line of sald Block 8, 229.5 feet to
the place of beginning. Excepting therefrom the Northerly 30 feet
of said land as conveyed io the City of Anaheim, a Municipal
corporation, for road and Incidental purposes, by an instrument
dated October 11, 1912 and recorded December ?, 1912 in Book 224,
page 110 of Deeds.
WtiEREAS, the Lity Planning Commission did hold a public hearing at [he City
iiall in the City of Anaheim on tlovember G, ~978, at 1:3Q p.m., notice of said public
hearing having been duly glven as requlred by law and in accordance with the
provisions of the Anaheim Munlcipal Code, Lhapeer 18.03, to hear and consider
evidence for and against said proposed variance and to !nvestigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Cortmissfon, af[er due i~ispection, invastl~atlon and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does ft~~d and determine the foliowfng facts:
1. Tf;at the pet(tloner proposes wafver or the fuiiowing to cortstruct an
office building:
(a) SECTION i~'.06.060.0213 ~ Minimum number of arkinq s aces.
0 required; 1 propcssed
(b) SECTION 18.~1.060.040 - Minimum site area.
20,000 s uare eet required;
1 ,753 square eet proposed)
(c) SECTION 18.b1.062.011 - Maximum bulldin heiqht.
~ -1 eet permitted;
3+~et proposed)
(d) SECTION 18.41.068 - Re uired site screening.
- oot block wall required adJacent to a
residential zone boundary; none proposed)
PC78-253
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2, That the aforementioned waiver (a) ts hereby grarCed on the basis that
, a~ additiona] 48 off-site parking spaces will be provided on an adJacent parcel of
land and that the resulting difference of 4 spaces is minimal. and that the
petitioner stipulated that the offfces will typically be leased to archttectural,
legal ar.d/or engineering tenants and there wfli he no doctors offices or other
medically related uses in this building.
3. That the aforementioned walver (b) is hcreby granted on the basis that
the waiver is minimal resulting (n a parcel whicn is only 6$ smaller than required.
4, 7hat the aforementioned waivers (c) and (d) are hereby granted on the
basis that thc adJacent property, aithough zoned restdentially, will be utilized for
parking and la~dscaping in connection with a conditional use permit wtth no
residential use whatsoevcr.
5. That there are exceptio~al or extraordinary circumstances or condiCions
applicable to the property involved or to the Intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
6. That the requested virtance is necessary for the preservation and
enJoyment of a substantial propcrty right possessed by other property in the same
victnity and zone, and denied to [hc proper[y in question.
7. That thc requested variance tiaill not be materially detrimental to the
public welfare or injurlous to the property or improvements fn such vicinlty and zone
in which the property is located.
8, That 7 persons Indicated their presence at said public hearing in
opposition; and a petition containing approxtmately 56 signatures in opposition was
received, and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City POanning Commtsston has
revlewed the proposal to construct an office building with walvers of mintmum number
of parking spaces, minimum site area, maximum structura~ height and requireel site
screening adiacent to a residentlally zoned parcel on a rectangularly-shaped parcel
of land consisttng of approxima[ely 0.4 acre located a[ the southeasi corner of South
Street and Hsrbor Boulevard, having approximate frontages of 93 feet on the south
side of South Street and 200 feet on the east side of Har6or Boulevard; and also to
permtt an automobile parking Tot with waivers of perml[ted encroachmenC of a 6-foot
high wall and parkin9 spaces in the front setback on a rectangularly shaped parcel of
land consisting of approximately 0.5 acre located a[ the southwest corner of South
~treet and Helena Street, having approxlmate frontages of 103 feet on the south sTde
of South Street and 200 feet on the west side of Helena Street; and does hereby
appro~ic ihe Negative Deciaration from the requirement to prepare an environmental
impact report on the basis that there wnuld be no sionificant individual ar
cumulative adverse environmental impact due to the approval of this Negative
Declaratlon since the Anaheim General Plan designates the subject property for
c~mnercial-professional and lovrdensity residential land uses canmensurate with [he
proposal; that no sensittve environmental Impacts are involved in the proposal; that
the Initial Study submitted by the petitioner tndicates no significa~t indtviduai or
cumulacTve adverse environmental impacts; and that the Plegative Declaration
substantiating the faregoing findings 1s on file !n the Ctty of Anaheim Planning
Department.
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NOW, THEREFORE, BE iT °ESOLVED that the Anaheim City Pla~nin9 Lommisston
does hereby grant subject Petltton for Variance, upon [he following condltions which
are hereby feund to be a necessary prerequistte to [he proposed use of the subJect
property in order to preserve the safety and general welfare of the Cttize~s of the
City of Anaheim:
1, That the owner(s) of subject property shail pay the traffic signal
assessment fee (Councfl Poltcy No. 214) amounting to S180.00 per 1000 square feet of
office building or fraction thereof prior to the issuance of a building permit.
2. That a mutual parl:ing and access a9reement provlding for clrculaYton
and parking from one parcei to the o[her shall be submitted to the C(ty Attorncy's
Office for review and approval; then be filed and recorded in the office of the
Orange County Recorder.
3. That subJect property shall be developed substantlally tn accordance
with plans and specifications on file wi[h the City of Anahetm marked ExFiibit kos. 1
through 3.
k, Tha[ Condition No. 2, abovc-mentioned, shall be complied with prior to
the commencemen[ o` the activity authorized under this resotution, or prior to the
[ime that the building permit is issued, or wiChin a period of one year from date
hereof, whichever occurs first, or such further time as the Plannfng Commission may
grant.
5. That ConJition No. 3, above-mentioned, shall be complied wtth prior to
final building and zoning inspec[tons.
BE IT FURTNER RESOLVED thai the Anaheim City Planning Cartxnission does hereby
find and determine Lhat adoption of [h1s Resolution is expressly predicated upon
aFplicant's compilance wtth each and all of the conditions hereinabove set forth.
Should any such condi[ton, or any part thereof, be declared invalid or unenforceable
by the final judgment of any court of competent ~ur(sdlction, [hen this Resolution,
and any approvals herein contained, shall be deemed nuil and void.
TI~E FOREGOI1iG RESOLUTION is signed and approved by me this 6th day or
liovember, 1978,
H A, A AH ITY PL I~NING COMMlSSION
ATTEST: _
SECRETARY, ANANEIM CITY PLAN~IING COMHISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 55.
C~TY OF ANAHEIM )
I~ Edith L. Narrls, Secretary of the Anahcim City Plannirg Commission, do
hereby cer[ify that the foregoing resolution was passed and adopted at a mee[ing of
the Anaheim City Ptanning Corrcelsston held an Wovember fi, 1978, at 1:30 p.m•, by the
following vote of the members thereof:
AYES: CO{~LMISSIONERS: E3ARNE5, BUSHORE~ DAVID, HERBST, KING,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: JOHti50N, TOLAR
IN WITNE55 WHEREOF, 1 have hereunto set my hand this 6th day of November,
i978.
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$E~RETARY, ANAHEIM I Y PLANNING COMMISSION
_y_ PC78-253