PC 78-835 ,
RESOLUTION N0. PC 78-83
RESOLU71dN OF THE ANAHEIM CITY PLANNING LOMMISSION
THAT PET1710N FOR VARIANCE N0. 3007 BE GRANTED
WHEREAS, the Anahetm City Planning Commission did receive a verified
Petition for Variance from PALt1AlL PROPERTIES, INL., 120Q west Broadway, Anahetm,
Lallfornia 92805. o+aner of certain real property situated in the City of Anaheim,
Lounty of Orange, State of Califarnia described as:
THAT PORTION OF LOT 28 OF ANAHEIM EXTENSION IN THE CITY OF
ANAHE114, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS SHOWN ON MAP OF
SURVEY MADE BY NILLIAM HAMEL AND fIIED FOR RECORD IN LOS ANGELES
COUIITY, A COPY Of NNILH IS FILED It~ THE OFFICE OF THE SURVEYOR OF
ORA~~GE LOUt~TY ON PAGES 163 ET SEQ. OF BOOK 3 Et~TITLED LOS ANGELES
COUNTY RELORDS, DESCRIBED AS fOLLOWS: BOUNDED ON THE NORTH BY THE
NORTHERLY LIHE OF TIiE 1d.29 ACRE PARCEL OF LAND DESCRIBED It~ THE
DEED TO WILLIAN L. VAU LOON RECORDED AUGUST 20, 1914 IN EOOK 258,
PAGE 332 OF DEEDS OF SAID COUNTY. BOUMDED ON THE EA57 BY THE
LENTER LINE OF PAL~t STREET AS SH041N Ot~ SAID MAP '49.50 fEET 1JIDE'.
BOUNDED ON THE SOUTH BY A LINE PARALLEL w17H AND NOR7F1 155.38 FEET
MEASUAED AT RIGHT A~lGLES FROM THE NQRTN LINE OF BALL ROAD '60 FEET
NIDE'. BOUNDED ON THE 51E5T BY THE CENTER LIN: OF !iARBOR BOULEVARD
AS DESCRIDED IN THE DEED TO ORANGE CQUNTY RECO.°.DED MARLH 28. 1930
IN BOOK 372, PAGE 67 OF QFFICIAL RECOROS OF SA10 COUNTY. SAID LAND
IS INCLUDED WITHIN THE AREA SHOWN ON RECORD OF SURYEY MAP F1LED IN
BOOK 10, PAGE 38 OF RECOP.DS OF SURVEYS OF SAID COUNTY.
HHERE115, thc City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on Aprll 10, 197R, at 1:30 p.m., no[ice of said public
heariny having been duly given as required by law and in accordance with the
provisions of the Anahetm Municlpal Code, Chapter 18.03, to hear and consider
evidence for and against said ~roposed variance and to investigate and make findings
and recommendatlo~s in connection therewi[h; and
NHEREAS, said Canmission, after due Inspeciton, investigation and study made
by itself and in Its behalf~ and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to construct a
liquor store:
SECTIOt! 18.04.045•O11 - Minimum front setback
50 eet required along "speclal area" of
Harbor Boulevard; S feet proposed)
2. Tha[ the above-men[ioned waive~ !s hereby granted on the basis that the
petitioner denonstrated that a hardshtp exiscs in that the property is triangularly-
shaped with a 27~ apex.
3. That the requested variance is hereby granted subject to petitToner
preparing a revised on-site circulatlon plan which has been approvcd by the Trafflc
Engineer and showing only two driveways on Harbor Bouievard with all parking area
circutatlon betng on-slte. and chat said ctrcula[lon plan shall be reviewed and appro-
ved by the Planning Commission.
~ PC78-83
4. That there are er.ceptlonal or extraordtnary circumstances or conditions
applicable to the property involved or to the intended usc of the property tha[ do
not apply generally to the property or class of use in the same vicinity and zone in
that subject property has a relatively ~arrow depth in comparison to its frontage
alono Harbor Boulevard and that development in full compltance with Code would
severely restrict the usability of the property.
5. That the requested variance is necessary for the preservation and
enJoyment of ~ substantial property righ[ possessed by other property fn the same
viclnity and zone, and denied to the property in question.
6. That [he requested varfance will not be materlally detrimental to the
public welfare or inJurious to the property or improvemen[s in such vicinity and zone
in which the property is located.
7. That no one indicated thetr presence at said public hearing in
opposition; and thai no correspondence was received in opposition to the subject
petltion.
ENVIRONMENTAL IMPACT FINOING: The Planning Dfrector or his authortzed
representative has determined thai the proposed proJect falls within the definitlon
of Categorical Exemptions, Class 5, as defl~ed tn Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and is, therefore, categorically exempt from
[he requirement to prepare an EIR.
NON, TNEREFORE, BE IT RESOI.VED that the Anaheim City Planning Carmission
does hereby grant subject Petition for 1'ariance, upon the following conditlons which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property In order to pres~rve th_ safety and general welfare of the Citizens of the
City of Anahelm:
i. That the owner(s) of subJect property shall deed to the City of Anahetm
a strip of land 53 feet in width from the centerllne of the s2reet along Harbor
Boulevard for s[reet Nidening purposes.
2. ThaC subJect property shall be served by underground utill[tes.
3. That sidewalks shall be installed along Harbor Boulevard as required by
the Gtty Engineer and in accordance with standard plans and speciftcatio~s on file in
the offtce of the City Enginr.er.
4. That subJec[ property shall be developed substantially in accordance
with plans and specifications on ftle with the Lity of Anaheim marked Exhibit Nos. 1
through 4; provided, however, that two of the four driveNays on Harbar Boulevard
shall be removed.
5. That a revised on-sfte traffic circulation plan showing only two
drlveways on Harbor Boulevard and showing all parking area circulatlon on-site, shall
be submltted to the Planning Commission for review and approval followtng approval by
the Trafflc Engineer.
6. That Condltion Nos. S and 5, above-mentioned~ shall be comnlied with prtor
to the commencement of the activity authorized under this ~esolutton~ or prlor to the
time that ahe bullding permlt is (ssued. or w!thin a period of ane year from the date
hereof~ whichever occurs first, or such further ttme as the Planning Commission may
grant.
-2- PC78-83
~ , ~ •,!
~
6. That Condition Nos. 2 ch~ough 4, above-menttoned~ shall be complied
with prior to final buildTng and zoning tnspectlons.
THE FOREGOING RESOLUTION is signed and approved by me this 24th day of
April, 1978.
~~~~~ ~
CHF+~RMAN, ANAHE M CI Y LANNING COMMI5510N
ATTEST:
~~ ~ ~
SECRETARY~ AI~AHEIM CITY PLANNING COMMISSIOPI
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edtth L. Harris, Secretary of the Anahetm Ci[y Planning Commission, do
hereby certiFy thaC the foregoing resolu[ion was passed and adopted a[ a meeting of
the Anaheim City Planning Commission held an April 24, 1978, at r:3o P.m., by the
following vote of che members thereof:
AYES: COMMISSIONERS: BARNES, DAVID, HERUST, Kihr,, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: JOH~ISON
ABSTAIN: COMMISSIONERS: LINN (not present for entire hearing)
~ 9~a.
I~~ WITMESS WHEREOF~ I have hereunto set my hand this 24th day of April~
~.~-~ at.° ~~..~,
SECRETARY, ANAHEIM CITY LANkING COMMlSSION
-3- PC78-83