PC 79-73RESOLUTION N0. PC 79-73
A RESOLUT I OIJ OF THE ANANE IM C I TY PLANN 1 ~IG CO!1M I SS I ON
THAT PETITION FOR VARIAqCE N0. 3088 BE GRANTED
4JHEREAS, the Anaheim City Planning LommTssion did receive a verlfied
Petitfon for Variance from MARION C. APID ELAINE J. HENRY, 1212 uestmont Drtve,
Anaheim, Cslifornia 92801, owners, and NORTH AMERICAN INrESTNENTS, 1940 North Tustin.
~100, Orange, California 926fi5, agent, of certaln real property situated In the City
of Anaheim, County of Orange, State of California descrlbed as:
Lots 1 and 2 of the P. A. Stanton Tract as shown on a Map recorded
tn Book 5, pages 23 and 24 of Miscellaneous Maps, records of
Orange Lounty, California. Excepti~g therefrom that portion
tncluded within the Southerly 6 acres of said ~ots 1 and 2 and of
the Northerly 11.b8 feet of Lot 3 of said P. A, Stanton Tract.
IJHEaEAS, the C([y Pianning Commission did hold a public hearing at the Ctty
Hall in the City of Anaheim on April 9, 1°79. at 1:3C p.r..., nottce of satd public
hearing having been duty given as required by law and In accordance with the
provisions of the Anaheim Municlpal Code, Chapter 18,03, to hear and consider
evidence fflr and agains[ said proposed variance and to inves[iga[e and make find(ngs
and recommendations in connectfon tfierewtch; and
WHEREAS~ said Cortm~issio~~ after due inspec[ion, Investiga[ton and study made
by i[self anJ in its behalf. and after due conslderation of all evidence and reports
offered at said hearing, does ffnd and determine the following facts:
t. That the peCitfoner proposes walvers of the following to construct a
commercial center:
(a) SECTION 1$.44.062.011 - Maximum structural heiqht.
3 inches pernttted when located
nches from RS-A-43,0~]0 zoning
21 fee[ proposed)
(b) SECTION 1E3,44.063.040 - MTntmum landsca ed sctback.
10 eet required;
inches to 10 fect proposcd)
2. That the above-mentioned walvers are hereby granted on the basis that
the petttioner demonstra[ed that a hardship exists tn that Nhite the adJacent
property to the south and west is zoned for residenttal uses (RS-A-43,000). it Ts
developed with a public school, and similar waivers have been gra~ted in the past
under simtlar circumstances.
3. That there are exceptional or extraordinary circumstances or conditto~s
applicable to the property involved or to the intended use of the property that do
no[ apply generally co the p~operty o~ class of use in the same vicinTty a~d zone.
4, That the requested varfance is necessary for the preservatTon and
enJoyment of a substantial property right possessed by other property in the same
vicinlty and zone~ and denie~ to ihe property In question,
PC79-73
5. That the requcsted variance rriil not bc matertally detrimental to the
public weifare or inJurious to the property or tmprovements in such vlcinity and zone
in which the property is located.
6. Thai no one indicated thetr presencc at sa(d public hearing tn
opposition; and that no cerrespondence Nas recelved in oppositlon to the subJect
petitton.
ENVIRONMENTAL IHPACT FINDING: The Planning Director or his authorized
representative has determined that the proposed proJect falls Ntthin the definition
of Categorical Exemptions, Ciass 5, as defined in Paragraph 2 of the Lity of AnaAeim
Environmental Impact Report Guldel(nes and ts, [herefore, categorically exempt from
the requirement to prepare an EIR,
NON, THEP,EFORE, BE IT RESOIVED thac the Anaheim City Planning CommissTon
does hereby grant subJect Petitlon for Variance, upon the following conditions which
are hereby found to be a necessary prerequisite [o the proposed use of the subJect
property in order to preserve the safety and general welfare of the Litlzens of the
City of Anaheim:
1, That the owner(s) of subject property shall pay to the City of Anaheim
a fee, in an amount as determined by the City Council~ for street lighting alo~g 9a11
Road and Gilbert Streec.
2. That the owner(s) of subJect property shall pay to the Clty of Anahcim
a fee~ in an amount as determined by the City Councfl, for tree planting purposes
along Ball Road and Gilbert Strcet.
3. That trash storage areas shall be provided tn accordance with approved
plans on file with the Office of the Director of Pub11c Norks.
4, That fire hydrants shall be insr.alled and charged as required and
determined to be necessary by the Chlef of the Flre Department prlor to commencement
of structural framing.
5. That subject property shall be served by underground utilities.
6. That drainage of subJect property shall be dtsposed of in a manner
satisfaccory to the City Engineer. '
7. In the event that subJect property is to be dlvided for the purpose of
sale, lease, or financing. a parcel map~ to record the approved dfvision of subJect
property shall be submttted to and approved by the CTty of Anahelm and then be
recorded in the office of the Orange County Recorder.
8. That the owner(s) of subject property shall pay the traffic signa)
assessment fee (Ordtnance No. 3$~6) tn an amount as determined by the tlcy Council~
for canmercial bulidings prior to the issuan~e of a buildtng permit.
9. That subJect property shall be developed substantially In accorda~ce
with plans and specTficatTons on flle with the City of Anahelm marked Exhtbit Nos. 1
th~ough 3.
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10. That Conditlon Nos, t, 2 and 7~ above-mentloned~ shall be comptled with
prlor to the commencement of the activTty authorized under this resolu[ton, or prior
to the tlme that the building permtt is issued~ or wlthin a pcriod oF one year from
date hereof, whtchever occurs first~ or such further time as tfie Planning Commission
may grant.
11. Thac Condition Nos. 3, 5. E. e~d 9~ above-mentloned, shali be complfed
with prior to final bullding and zoning inspections.
BE IT FURTHER RESOLVED that the Anahelrn City Planntng Cormission does hereby
find and determine that adoptton of this Resolutfon ts expressly predicated upon
applicant's compitance with each and all of the condttlons heretnabove set forth.
Should any such condTtlon, or any pa~t thereof~ be declared invalid or unenforceable
by che flnal judgment of any court of competent jurisdictton, then this Resolution~
and any approvals herein contained~ shall be deemed null and void.
THE FOREGOING RESOLUTION ts slgned a~ approved by me this 9th day of April,
1979.
CHA ~A1~~ AN H H CITY PLAIINING COHMISSION
ATTEST:
~~ ~°. ~~
~ECRETAR , ANAHEIH GITY LANNIN~ COMMISSION
STATE OF CALIFORHIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1. Edith L. Harrls, Secretary of the Anahetm City Planning CommissTon, do
hereby certTfy that the foregoing resolution was passed and adopted at a meeting of
the Anaheim Clty Planning Commisston held o~ April 9. 197?, by "e ~ollo.+ing vote of
the memhers thereof:
AYES: LOMMISSi0NER5: BUSHORE, DAVIO, HERBST, JOHNSON, KING
NOES: COMMISSIONERS: NOHE
ABSENT: COMHISSIONERS: BARNES~ TOLAR
IN uITNESS 41HEREOF~ I have hereunto set my hand th(s 9th day of April~ t979•
3~f €T ~~ N~TY~ L MM ~IaFJ
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