PC 82-201--~• ,
RESOLUTION NO. PC82-201
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3296 BE GRANTED
WHEREAS, the Anaheim City Planning C.ommission did receive a verified
Petition for Variance from GEORGE BIRNBAUM, ET AL., 2900 South Mai~i Street,
Los Angeles, California 90007, owner of certain real property situated in the
City of Anaheim, County of Orange, State of California described as:
PARCELS 49 AND 50 IN THE CITY UF ANAHEIM, COUNTY OF
ORANGE~ STATE OF CALZFORNIA AS SH0~+7N ON A PARCEL MP°
FILED IN HOOK 69 PAGE 2 OF PARCEL 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 October 18, 1982, at 1:30 p.m., notice
of said public hearir.g 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;
said public hearing having been continued to the Planning Commission meeting
of November 1, 1982; 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 an addition to an existing coaunercial building:
SECTION 18.44.063.010 - Minimum landscaped setback
(10 feet required; none proposed
along Romneya Drive)
2. That the above-mentioned waiver are hereby granted on the basis
that the petitioner demonstrated that a hardship exists in that denial would
deprive subject property of privileg~s enjoyed by other properties in the same
zone and vicinity.
3. That the proposed variance is hereby qranted subject to the
stipulation that there shall be no shortage of perking spaces caused by the
proposed addition and that a final plan shall be submitted to the Planning
Department for appr~val showing that the available parking will comply with
code for all the uses in the complex with the calculation based on the actual
use and floor area uf each use.
4. 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.
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5. 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.
6. 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 proF2rty is located.
7. That two persons indicated thei.r presence at: said publie hearinq
in opposition; and that no correspondence was received in opposition to
subject petition.
ENVIRONMENTAL IMPACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls
within the definition of Categorical Exemptions, Class 5, as defined in the
State EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
NOW, THEREr'ORE, 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 aroperty in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That the most easterly existing driveway shall be removed and
replaced with a standard curb, gutter and sidewalk.
2. 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 along Medical Center Drive, Romneya Drive and Euclid
Street.
3. That the owner(s) of subject property shall pay to the City of
Anaheim a fee, in an amount as determi.ned by the City Council, for
tree plantinq purposes along Medical Center Dri':.:, Romneya Drive and
Euclid Street.
4. That trash storage areas shall be provided in accordance with
approved plans on file with the Office of the Executive Director of
Public Works.
5. That subject property shall be developed substantially in accordance
with plans and specification~ on file with the City of Anahein. marked
Exhibit Nos. 1 through 3; provided, however, that a final plan shall
be submitted to the Planning Department for their approval showing
that the available parking wi11 comply with code for all the uses in
the complex with the calculation based on the actual use and floor
area of each use in order that there be no shortage of parkinq spaaes.
5. That Condition No(s). 2 and 3, above-mentioned, shall be coaipiied
with prior to the commencement of the activity authorized under this
resolution, or ~rior to the time that the building permit is is~ued,
or within a period of one year from date hereof, whichever occurs
first, or such further time as the Planning Commission may grant.
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~• :nat Condition Nos. 1, 4 and 5, above-mentioned, shall be complied
with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby Eind and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the condit.:ons
hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdic*_ion, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this lst day of
November, 1982.
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A . ANAHEIM CITY P ING COMMISSION
ATTEST:
SECRETARY~ AD7AHEIM CITY pLp~ OMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 November 1, 1982, by
the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY, HERgST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERS: NON~
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this lst day of November,
1982.
~P~ ~ 1~~~
SECRETARY, ANp„qEIM CITY PLANNING COMMISSION
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