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PC 78-59RESOLUTION N0. PC 78-59 RESOLUTION OF THE ~NAHEIM CITY PLANNI~IG COHNISSION TNAT PETITION FOR VtiRIANCE N0. 3003 BE GRANTED WHEREAS~ the Anaheim Lity Planning Commission did receive e verifTtd Petition for Variancc from CROCY.ER NATIONAL BAt~K, 1675 California Street, San Francisco, California 941~9. o+~ner, ana GEORGE D. Sf1AHBEGK, P. 0. Box 11667, Santa Ana, California 92711, (agent) of certatn reat property situated in the Gity of Anaheim, County ~f ~rinae. State of California described as: THE NORTN 175.00 FEET OF THE EAST 470.32 FEET OF THE SOUTHEA57 QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTEP. Of SECTI01~ 27, TOWNSHlP 4 SOUTH~ RANGE 10 wEST, IN THE CITY OF ANAHEIM, COUPlTY OF ORANGE, CALIFOR~IIA, AS SAID SECTION 110ULD BE DEVELOPED FROM A LENTER, AS DESCRIBEO IN LASE N0. 40910. IN THE SUPERIOR COURT OF ORANGE COUIl7Y, CALIFORNIA, A LERTIFIED COPY OF THE DECREE 11A5 RECORDED AUGUST 1, t943 IN BOOK 1208 PAGE 287, OFfIC1AL RECORDS. ANO IN CASE N0. 41055. ~~~ THE SUPERIOR COUP.T OF OaANGE COUN7Y~ CALIFORNIA, A CERTIFIEC COPY OF THE DECREE WAS RECORDED FEBaUARY 14, 1951 IN BOOY. 2144 PAGE 174, OFFICIAL RECOitDS. SAID CENTER BEIN~ SHOWN ON A MAP FtLED IH BOOK 24 PAGE 22 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COtJNTY RECnRpER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at thc City Hall in the City of Anaheim on Harch 27, t?78. at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, :o hear and consTder evidence for and against said proposed variance and to investigate and make findings and recommendations in connection [herewith; and WNEREAS, said Lommission, after due Irtspecttan. InvesLig~tlon and study made by itself and in its behalf. and aftcr due considcration of all evidence and reports offered at sald hearing, dces find and determine thc followtng facts: 1, That the petittoner proposes a waiver of the following to establish a two-lot subdivision: SECTION 18.01.130 - Re uirement tha[ all lats abut a public street. i lot proposed without public street rontage 2, That the above-mentioned Haiver Is hereby granted on the basis that the petitioner demonstrated that a hardship exists in that the usage of the proposcd rear (westerly) lot is already limited because of the existTng development along Harbo~ Boulevard. 3, Tha[ the propased varlance is hereby granted subJect to the condTtion that the access easement to [he rear (westerly) lot shall be located adjacent to the south property linc and that any parking eliminated by saiJ easement shall be relocated and sufficient on-site parking spaces shall be provided to comply with the Zoning Code. PC78-59 4. That chcre are exceptional or extraordinary cTrcumstances or conditions applicable to the propcrty involved or to the intended use of the property that do not apply 9enerally to the property or class of use ln the same vicinity and zone. 5. That the requested variance is necessary for the preservatton and enjoyment of a substantial property rlght nossessed by other property in the same vicinity and zone, and denied to the property in question. 6. That tl~o r~yuQSted variancc will not be matcrially detrimentai co che publlc welfare or injurious to the property or improvements irt such vicintty and zone in whlch the oroperty is located because adequa[e vehicle access will be provided by a recordeu access e~se^^^*. 7. That no one indicated their presence at said public hearing in opposi[ion; and tha[ no corresoondence was received in opposition to the subject petition. EflVIROI~MENTAL IMPACT FINDING: That the Anahetm City Plannig Commission has reviewed the subject proJec[ to establish a cwo-lot subdivision with waiver of requiremen[ that all lots abut a puhlic s[reet on a rectanqularly-shaped parcel of land consisting of approximately '..7 acres, having a frontage of approxinately 175 feet on the Nest side of Harbor Boulevard~ having a maxinun depth of approximately 405 feet, being located approximately 485 feet north of the cen[erline of Oranaewood Avenue; and does hcrcby approvc tfic Negativc Declaration ftas the requirement [o prepare an environmental impact report en the basis that there would be no significant individuai or cumulatlve adverse envirenmental impact due to the approval of this t7egative Declaration since the Anaheim General Ptan desionatA~ the subJecc property for general commercial land uses commensurate with the proposal; [hat no sensitive environnental impacts are invotved in thP proposal; that the Initial Study submit:ed by the Petitioner indicates no slgnificant individual or cumulattve adverse environmenta) impacts; and tha[ the Negative Dectaration substantiating ihe foregoing findings is on file in the City of Anaheim Planning Departme~t. tlQ~. THEnEFO.°.E. °E !T P,ESOLV£D thaL the An~htim C1Ly PtannTng Cnmrntssion does hereby grant subject Peti[ion for Variance. upon L'he following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That street lighting facilities along Harbor Boulevard shall be installed as required by the Director of Publlc UtilitTes, and in accordance with standard specifications on file in the Office of the Director of Public Utilities; and/or that a bond, certtftcate of deposit, letter of credTt. or cash~ in an amount and form satisfactory to the Gity of Anaheim shall be posted witfi the Clty [o guarantee the installatton ~f the above-mentiened requiranents. 2. In the event that subject property Is to bt divided for the purpose of sale~ lease. or financing, a parcel rwp~ to record the approved divlslon of subject prope~ty shall be submitted to and approved by thc City of Anahelm and then be recorded in the office of the Orange County Recorder. 3. That the parcel map must include an acceptable access easement from the rear lot to Narbor Boulevard~ as approvtd by the 7rafflc EngTncer. _2_ PC78-59 ~ 1 4. That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time thai the building parmit is issued, or within a period of one year from date hereof~ Nhichever occurs first, or such further time as the PlannYng Commission may grant. THE FOREGOING RESOLUTION is signed and approved by me this 27th day of March, 1978. _~~.,~~ ~~~o CHAI MAN, P,N HEIM LITY LANt~1~7G COMMISSION ATTEST: ~o( • ~, SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFOR~~IA ) COUtlTY OF ORANGE ) ss. CITY OF ANAHEIM ) i, Edith L. Harris, Secretary of the Anaheim Lity Planning Camission, do hereby certify that the foregoing resolutio~ was passed and adopted at a meeting of the Anaheim Ciiy Plannin9 Commission held on March 27, 1978, at 1:30 a.m,, by [he following vote of che members thereof: AYES: COMNISSIONERS: BARNES, DAVID, HERBST, JOHNSOt~, KING. LINN, TOLAR NOES: COMMISSIQNERS: NONE ABSENT: COMMISSIONERS: NONE 1978. IN WiTNESS WHEREOF~ I have hereunto set my hand this 27th day of March, `~~ ,~ ~,~.:. SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC78-59