PC 82-217r"`~.,, ~;r'ir
RESOLU'PION NO. PC82-217
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3308 BE GR:~NTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from OX ROAD GENERAL PARTNERSHIP, 1077 West Ball Road,
Anaheim, California 92~i02, owner, and JOHN F. SWINT, 707 West North Street,
Anaheim, California 928U5, agent of certain real property situate~i in the City
of Anab~im, County of Orange, State of California described as:
PARCELS 1, 2 AND 3 AS SHOWN ON A MAP RECORDED IN SOOK 28,
PAGE 44, OF PARCEL IQAPS, RECORDS OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on November 29, 1982, at I: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 16.03,
to hear and conRi3er 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 itsel£ and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
followinq facts:
1. That the petitioner proposes waivers of the following to
construct a 61-unit motel in conjunction with an existing restaurant:
(a) SECTIONS 18.06.060.0231 - Minimum number of parking spaces
18.06.060.0232 (128 spaces required;
18.05.060.02A3 102 spaces proposed)
and 18.48.066.050
(b) SECTION 18.48.063.010 - Minimum structural setback
(10 ft. required adjacent to Ball
Roa3; 6 feet proposed)
2. That the above-mentionpd waiver (a) is hereby granted on the
ba~is that the gF='tioner demonstrated that a hardship exists in that denial
would deprive subject property of privileges enjoyed by other properties in
the same zone and vicinity; and granting waiver (b) due to the rising
elevation of Ball Road to the south which includes a landscaped slope facing
subject property.
3. That there are exceptional or extraordinary circumstances or
conditions applicable to the property involved or to the intended use of tlie
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.
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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 presenr_e at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 61-unit motel in
conjunction with an existing restaurant with waivers of minimum number of
Narking spaces and minimum structural setback on an irregularly-shaped parcel
of land consisting of approximately 1.37 acres located at the northeast c~rner
of Ball Road and Or. Road, and £urther described as 95Q 3outh Ox Road
(Spaghetti Station Restaurant); 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 Eor commercial
recreation land uses commensurate with the proposal; that that Initial Study
submitted by the petitioner indicates no significant individual or cumulat:.ve
adverse environmental impacts; and that the Negative Declaration
substantiatin3 the foregoing findings is on file in the City of Anaheim
Planning Department.
NOW, THEREFORE, SE IT RESOLVED that the Anaheim City Planning
Coaunission does hereby grant subject Petition for Variance, upon the following
conditions which are hereby found to be a necessary prerequisite to the
proposed u~e of the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
7-• That trash storage areas shall be provided in accordance with
approved plans on fiie with the Office of the Executive Director of
Public Works.
2• That subject property shall be served by underground utilities.
3• That additional trash storage areas for the existing restaurant shall
be provided on-site in accordance with the requirem<nts of the Street
Maintenance and Sanitation Department.
4• That a re-striping plan for Ox Road shall be submitted for review and
approved by the City Traffic Engineer prior to the issuance of
building permits. Said re-striping shall be completed (at
developer's expense) prior to final building and zoning inspection.
5.
That the southerly driveway on Ox P.oad shall be restricted to
vehicular ingress only and the northerly driveway on Ox Road for
vehacular egress only. Tire busters shall be installed in the
southerly driveway to preclude ~•ehicles ~rom exiting the site at that
location.
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6. That subject property shall be developed substantially in accor~ance
with plans and specif.ications on file with the City of Anaheim marked
Exhibit ros. 1 through 8.
7• That Condition Nos. 1, 2, 3, 5 and 6, above-mentioned, shall be
complied with prior to final building and zoning inspections.
HE IT FURTHER RESOLVED that the Anaheim City Ylanning Commission duea
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
he-einabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deeme~9 null and void.
THE FOREGOING cZESOLUTION is signed and approved by me this 29th day of
November, 1982.
CHAIRMFIN, ANAHEIM CITY ING COMMISSION
ATTEST:
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SECRETARY, ANP,HEIM CITY PLANNIN:: COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF AIvAHEIM )
~ 2, Edith L. Harris, Secretary of the Anaheim City Planning Commfssion, do
hereby certify that the foregoing resolution was passed and adopted at a
meeting of the Anaheim City Planning Comr,iission held on November 29, 1982, by
the following vote of the members there of:
AYES: CONA72SSIONERS: BOUAS, HUSHORE, FRY, HERBST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHER:OF, I have hereunto set my hand this 29th day of November,
1982.
/n~ o~ -
SECRETARY, ANAHEIM CITY PLANNING COMMISSIOD7
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PC82-217
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