PC 80-35RESOLUTION NO. PC 80 -35
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE N0. 3138 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from WILLIAM P. BREGDER AND EMMA S. BREGDER, 1835 West Katella
Avenue, Anaheim, California 92304, owners of certain real property situated in the
City of Anaheim, County of Orange, State of California described as:
PARCEL 1: The West 100 feet of the East 343 feet of the North 260 feet of
the Northeast quarter of the Northeast quarter of the Northeast quarter of
Section 13, Township 4 South, Range 11 West, in the Rancho Los Coyotes, City
of Anaheim, County of Orange, State of California, as per map recorded in
book 51, page 11, Miscellaneous Maps, in the office of the county recorder
of said County.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on February 25, 1980, 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, 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, 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 waivers of the following to construct a
commercial retail and office complex:
(a) SECTION 18.44.062.011 - Maximum structural height.
(2 -1/2 feet permitted at 5-foot setback
from RS- A- 43,000 Zone boundary;
27 feet proposed)
(b) SECTION 18.44.066.050
and 18.06.060
Minimum number of parking spaces.
(33 spaces required;
32 spaces proposed)
(c) SECTION 18.44.068 - Required site screening.
(6 -foot high block wall required along
residential zone boundary;
none proposed east property line.
2. That the above - mentioned waivers are hereby granted on the basis that
the petitioner demonstrated that a hardship exists in that although property to the
east is zoned residentially (RS -A- 43,000) it is developed with a commercial
automobile repair facility.
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3. That there are exceptional or extraordinary circumstances or 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.
4. 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.
5. That the requested variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received to opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to reclassify subject property from the RS- A- 43,000
(Residential /Agricultural) Zone to CL (Commercial, Limited) Zone in order to
construct a commercial retail and office complex with waivers of maximum structural
height, minimum number of parking spaces, and required site screening on a
rectangularly- shaped parcel of land consisting of approximately 0.46 acre, having a
frontage of approximately 100 feet on the south side of Lincoln Avenue, having a
maximum depth of approximately 200 feet and being located approximately 250 feet west
of the centerline of Magnolia Avenue; and does hereby approve the Negative
Declaration from the requirement to prepare an environmental impact report on the
basis that there would be no significant individual or cumulative adverse
environmental impact due to the approval of this Negative Declaration since the
Anaheim General Plan designates the subject property for medium- density and general
commercial land uses commensurate with the proposal; that no sensitive environmental
impacts are involved in the proposal; that the Initial Study submitted by the
petitioner indicates no significant individual or cumulative adverse environmental
impacts; and that the Negative Declaration substantiating the foregoing findings is
on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the 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 this Variance is granted subject to the completion of
Reclassification No. 79- 80 -25, now pending.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1
through 3; provided, however, that a six (6) foot high block wall shall be
constructed along the south property line.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
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by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION Is signed and approved by me this 25th day of
February, 1980.
ATTEST:
A / 7 tA∎j-
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1980.
CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim 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 February 25, 1980, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of February,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC80 -35