PC 80-93^
P,i SOLUTIO~! Nn, PC f?n-q3
A rl'SOLUTI011 OF TI'E A'lANEIFI CITY PLAPI~II~If, C~N!115510"1
THA~ PFTITIOH F02 VARIAMCE r;0. 3147 BE C,RANTED, I'I PA~T
WIIEREAS, the An~heim City Planning Comnission did receive a verified
Petition for Variarce fron Y.E'; W. BQSARDUS AND LY~1pA L[A gOS~~pUS, ET AL, 113~1 Red
Gum Strcet, AnaFeim, California ~28'16, ovmers of certain rcal property situated in
the City of Anaheim, County of Oran,qe, State of Ca)ifornia described a,;
Those portions of Lots 171., 173 and 174 of [he Eucalyp[us Forest
Tract. in :he City of Anaheim, as sho~•m on a map thereof recorded
in boo'r, 5, paaes 29 and 3~ of Miscellaneous Maps records of safd
County, described as follrn~is: Parcel !i as sho~m on a nao ihereof
recorded in hool~ 2~;, pane ?5 of Parcei Maps, re~ords of said
County.
NFiEREAS, t~e City Plinring Com~issien did sc'iedul~ a oublic hearing at the
City Na11 in the CitY of 1lnahein or. Junr_ 2, {?~'~;, at 1:3~ p.~., notice of said public
hearing having becn cluty given as required tiy )a~•r ancf in accordance with the
pr~visions of the Anahein 1'unicipal Code, Chapter ~`3.n3, to hear and consider
evidence for and aclainst said proposed variance and rn ir±vecti~ate a~; :.,Jl;` ~(ndJnc~s
and re~ormendatTons in connection there~•rith; said public hearing havinq been
eontinucd [o the Pl~rniny Comnission m~eting of June 1!, 1~?'1~ and
N'IEREAS, sai~f Comnission, afCer due insn^ction, investic~ation an~i study made
by itself and in its behalf~ ~nd afrer due cons+deration of ~11 evidence and reports
offered at sai~f heari~~, does find and de[e minc the followi~g facts:
1. That t,~ petitton~r proposes waivers of thc following to re.ain an
outdoor storage yard:
(a) SECTION 13.~(,(lGr!.~3'? -:'1i_nimu~ number of ~ar{~inq spaces.
~32 spaces for conhined indoor
and outdoor uses required;
1~ spaces p;opose~l)
(b) SECTIOt! 13.61.OG3.013 - Minimun landscaped setbacl;.
5 eet required;
none exis[ing)
(c) SECTIOh! 1£i,(i,Q64,020 - Maximum fence heiqht.
30 nches permitteJ in front setback;
c~et ex(stina)
2. That thc above-men'ionecl waiver (a) is herehy denled on the basis tha[
the petltioner stipula;ed to provTding oar{:ing spaces in conformance with Code
requirements whtch parking nay include proar.rly marl:ed and acc~ssiblP employee spaces
wlthin [he fenced area.
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3. That the above-mentioned waivers (b) and (c) are herehy g-anteJ on the
basis that the petitior,er stipulated to removc tre existing six (h) foot high
chainlinlc fence from the puhlic right-of-~~ay and relocate it at the property line,
and to completel,~ intero-~eave said fence ~•~ith redarood or cedar slats as required by
Code.
1{, That the proposed variance is hereby 9ranted subjeet to the
petitiener's stipulation to provide landscapinu in the fiv~ (5) foot setbacN area
behind the fence and to maintaln said iandscaping.
5. That there are exceptionat or e:ctra~rdinary circumstances or conditions
applicable to the property invnlved or to the intended use, as granted, of thE
property that do not apply generally to the pr~perty or class of use in the same
vlcinity and zonc,
6. Thar the requested variance, as granted, is necessary for the
preservation and enjoyment of a sutistantial prooerty ric~ht oossessed by other
property fn tie same vicinity and zone, and riented to thr property in question.
7. That the reques[ed variance, as granCed, tirill not be materially
detrimental to the public we)farc or injurious to Lhe prooerty or imorovPm.•nts in
such vicini[y and zone in wfiicn the property is located.
II, That no one indicated their presence at the June 16, 1~?~1 satd publie
hearing in opposi[ion; and one person indicated her presencP at the June 2, 143n~
public hearing in opposltion; and that no correspondence ~:~~s ~eceive~l in opposi*.ion
to the subject petition.
ENVIRO~lMENTAL IHPACT FI!lDltJr; The Plannin~ Director or his authorized
representa[ive has determined that the proposed project falls a~ithin the definition
of Categorical ExPmptions, Cla~c 3~ ,~ a~F~z~a j~ ~~~~c1`~~~, ~ ~~ tf~e City of Maheim
Environmental impact Report Guidelines and is~ therefore, categorically exempt from
the requirement to prepare an EIR,
WOW~ THEREFORE, BE IT RESOLVED that the Anaheim Ctty Pianning Cemmission
does hereby grant. in aart. subject Pet(tion for Variance, unon the following
conditions wh~ch are hereby found [o be a necessary orerequisfte to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Cittzens of the City of Anaheim:
1. Tha[ stdea~alks shall be installed alono Red Gum and B)uc Star Streets
as required by the City Engineer anJ in accordance with standard p)ans and
speeifieations on file in the Office of the City Englneer.
2. That trash s[orage areas shall be provided in accordance ~oitfi approved
plans on file ti:ith the Office of the Executive Director of Puhltc '~lorks.
3. That subject property shall be developed suhstanttally in aecordance
with plans and spec?fications on file ~iith [hc City of Anaheim mar~:ed Exhihit Mo. 1~
provided~ however, that the portion of the exis*ing ~-f~o[ high c`~alnlinl: fence
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encroaching into the public right-of-way adjacent to alue Star Street shall be
relucated to the property line and shall be entirely inter~•~over. with redo-rood or cedar
slats;that five (5) feet of landscaping sha)1 be provided inside said fence and shall
be pernanently maintained; and that adequatc on-site parF;ing shall be provided in
conformanee with Code requirements.
4. That a re~~Ised plan showing the r.iodificat~ons specifie~ in Condition
~~o. 3 shall be submitted Lo and appruved by tlie Planning Departnent tirithin a perEod
of sixty (60) days from the date hereof,
5. That Condit(on ~los. 1, 2, 3 and 4, ahove-mentioned, shall be complied
with prior to final building and zonin~ ir.spections; or within a period of sixty (6Q)
days from the da[e hereof, whichever occurs first; or such further tfine as may be
approved by the Planning Com~ission.
BE IT FU2TN~R RESOLVEO that the Anaheim City Planning Commission does hereby
find and determine that ado~[ion of this Resolution is expressly predi~ated upon
appiicant's compliance with each and all of the conditions herelnabcve set forth.
Should any such condition, or any part thereof~ be declared invalid or unenforceable
by the final judgment of ~ny court of cor„oetent jurisdiction, tlien this Resoiution,
and any approvals herein contained, shall be deemed null and void.
THE FORE~OIt~G RESOLUTIO': is signed and approved by me this lEth day of June,
1980.
ATTEST:
~~~~ ~ ~~~ ~
I.HAIQt1011A~1, ANAHEIM CITY PLANHItJG COMKISStON
`~~~ ~~ ~~
SECRETARY~ A~lAt1EIM CITY PLAtltJING COt1"tISSIOt!
STATE OF CALIFORtJIA )
C~UPITY OF ORAt1GE ) ss.
C ITY OF AtlAHE I~t )
I, Edith L. Harris, Secretary of the Anaheim Clty Planning Corrx~ission, do
hereby certify that the foregoing resolution a~as passed and adopted at a meeting of
[he Anahefm City Planning Commission held on June 1~, 1~P,(+, hy the follo~ving vote of
the membe~s thereof;
AYES: CO:MMISSIOHERS: BAR~IES, BUSHORC, ~.4VID, FRY, HEReST, Y.It!(;, TOLA?
NOES: COMHISSIO~JERS: NONF
ADSEtlT: CO"1MISS10'lERS: ~~0"IE
I!! WITMESS VltIEREOF, I h~vc hcrcunto set my hand this 1C-th day of June, la°~,
~,. (n!
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SECP,ETA~Y~ At!i14F1" CI?Y PLn.•!'~IF!r COFI;'!$SIO~v
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