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PC 80-222- j ,.~ . RESOLUTION N0, PC 30-222 RESOLUTION OF THE APlAHEIM CITY PLANDIING COMMISSION THAT PETITION FOR VARIANCE N0. 318i BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from KAR DINf DAVID HSU, ET AL, 3400 West Ball Road, Anaheim, California 92304, owners, and blENDELL W. VEITH, 4777 Eanle Way, Palm Springs, California 9226l~, agent, of certain real property situated in the City of Anaheim, County of Orange, State of California described as: ~ That portion of the East half of the Northwest quarter of the Northwest quarter of Section 23, Township 4 South, Ranoe it West, in the Rancho Los Coyotes, City oF Anaheim, County of Orange, State of California, as per map recorded in book 51, page li of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the PJorth line of said Section, Easterly 663.12 feet from the Northwest corner of said Section, said point being the Northwest corner of said East `~dlf; thence Eas[erly 238.10 feet along said North line; thence Southerly 864.75 feet parallel a~ith the West line of said East half to the Northeasterly line of the Los Angeles Interurban Railway Rtght of Way; thence Northwesterly 297.35 feet along said ~ortheasterly line to said !Jest line; thence Northerly E85.75 feet along said West line to the point oF beginning. WHEREAS, the City Planning Commission did hold a pubiic hearing at the Civic Center in the City of Anaheim on De~emher t, 198(1, 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 1R.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission~ after due inspection, investication and study made by itself and in its behalf, and after due consideratton of alt evidence a~~d reports offered at said heartng, does find and determine the foltowtng faGts: i. That the petitioner proposes a waiver of the follo~ting to permit the expansion cf an existing medical building: SECTION 18.06.06Q.0211 - Minimum number of parking spaces. 171 spaces required; 7 s+~ paces proposed) 2. That the req~ested waiver is hereby granted on the basis that a reciprocal parking agreement shall be provided with the own~r of the ~roperty (Anahetm General Hospital) located to the east across Masters Lane to provide 124 spaces for the use of this medtcal building, satd spaces to be in excess of the minimum number required for Anaheim General Hospital. 3. That the proposed variance is hereby granted sub.ject to the petitioner's stipulation to post a sign ~n the property indtcating parking ts PC$0-222 available across the street at the hospital parking lot and that there shall be no employee ur customer or medical parkir.g on Masters Lane. 4• That the proposed variance is hereby granted subject to the condition that the 194 feet on both sides of Masters Lane shall be posted for "p!o Parking" from the south property itne of subject property north to Ball Road. 5. That there are exceptional or extraordinary circumstances ar conditions 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 variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance wi11 not be materially detrimental to the public welfare or lnjurious to the property or improvements tn such vicinity and zdne in which the property ts located, $. That no one indicated their presence at said public hearing in opposttion; and that no correspondence was received in opposltion to the subject petition. ENVIRONMENTAL IMPqCT FINDING: That the Anahelm City Plannina Commtssion has revlewed the proposa to permit the e~pansion of an existing medical building with waiver of mintmum number of parking spaces on a rectangularTy-shaped parcel of land consisting of approximately 0.84 acres located at the southo~est corner of Ball Road and Masters Lane, havtng frontaqes of approxtmately 1a0 feet on the south slde of Ball Road and 194 feet on the west side of Masters Lane; and does hereby approve the Negative Declaratton from the requirement to on the basis that there would be no significantreindividualvroonmcumulativectadve~se envtronmental imoact due to the approval of th)s Negative Declaration since the Anaheim General P)an designates the subject pro ert for commensurate ~~r1th the proposal; that no senstttve environmental impacts'arerinvolved in the proposal; that the Initfa) Study suhmttted by the petttioner indicates no significant indivtdual or cumulatlve adverse environmentai impacts; and that the Negative Declaration substanttating the foregoing findings is on fiie in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commtssion does hereby grant subject Petition for Variance~ upon the following condltions whtch are hereby found to be a necessary prerequisite to the proposed use of the subject ?roperty in order to preserve the safety and general welfare of the Cftizens of the City of Anaheim: 1. That street lighttng facilities along Ball Road and Masters Lane shall be insta~led as requtred by the Office of UtillYtes General Manager~ and in accordance wlth specifTcations on file in the Office of Utilities General Manager; and/or that a bond, certificate of depostt, letter of credit~ or cash, in an amount and form sattsfactory to the Cfty of Anaheim shail be posted ~r~ith the Cfty to guarantee the installation of the above-mentioned requirements prior to occupancy. -2- PC80-222 2. That the existing most northerly driveway on Pfasters Lane and the most easterly drive~•~ay on Ball Road shall be removed and replacad o~ith standard cur6, gutter, sidewalk and landscaped planter. 3. That a permanent reciprocal parking agreement with the owner of the Anaheim General Hospital property to the east acress Masters Lane, providing for a total of 124 spaces tn excess of tfie minimum required for the hospital~ shall be submitted to the City Attorney's Office for revieti•~ and approval. Said agreement shall be filed and recorded in the Office of the Orange County Recorder. 4. That subject property shall be developed substantfally in accordance with plans and speclf;cations on file with the City of Anaheim marked Exhibit Nos. 1 Lhrough 3. 5. That Condition Plos. 1 and 3, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the butlding permit is issued, or o-iithin a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 6. That Condition PJos. 2 and 4, ahove-mentioned, shali b~ complied with prior to final building and zoning inspections, 7. That the 194 feet on Mas*_ers Lane on both sides fro~ the south property line of subject property north to Ball Road shall be posted "~lo Parking". ~. That a stgn shall 6e posted on subject property indicating that parking is available across the street at the hospital parking lot and that there shall be no medical emp)oyee or customer parking on Masters Lane. BE IT FURTIIEP, RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolutio~ is express)y predtcated uport applicant~s compliance ~vith each and all of the conditions herelnabove set forth. Should any such conditlon, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then thts P,esolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this lst day of December, 1980. CN R~4AN, N HE I, I LAP N I Nr, COMM I SS ON ATTEST: ~Ir ~ ,. ,~~ ~ ~ SECRETARY, NAHEI CITY PLANNINt; COMMISSION -3- PC80-222 ~._.~.,.~,:.,:;:..:.:;.:,.:.,;: _ , STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anahe'm City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December i, 1960, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, KItJG~ TOLAR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NERBST ~N WITNE55 WHEREOF, i have hereunto set my hand thts ist day of December, 1980. -~~ ~° ~ ~ SECRETARY~ ANAHEIM CITY PLANP~ING COMMISSION -4- PC80-222