PC 83-227RESOLUTION NO. PC83-227
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3365 BE GRANTED
WHEREAS, the Anaheim City Pianning Commission did receive a ver.ified
Petition for Variance from MARTIN SUCKSBAUM AS TRUSTEE OF GENERA.T. GROWTH
PROPERTIES, 215 Keo, P. O. Box 1536, Des Moines, Iowa 50306, owner, and GERALD
KERLIN, 27101-A Capote de Paseo, San Juan Capistrano, California 92675, agent
of certain real property situated in the City of Anaheim, County of Orange,
State of California described as:
PARCEL 1:
THE SOU~H 100.0U FEET OF THAT PORTION OF LOT 1, OF THE
"JOSEPH FISCUS SUBDIVISION' IN THE CITY OF ANAHEIM~ AS SHOYIN
ON A MAP THEREOF RECORDED IN BOOK 8~ PAGE 73~ OF
MISCELLANEOUS MAPS~ IN THE OFFICE OF THE COONTY RECORDER OF
SAID COUNTY, LYING EAST OF THE EAST LINE OF TRACT N0. 2495~
AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 115~ PAGES 8 AND
9 OF SAID MISCELLANEOUS MAPS.
FARCEL 2:
THE $OUTB 100.00 EEET OF T~AT PORTION OF "THE JOSEPH FISCUS
SUBDIVISION", IN THE CITY OF ANAHEIM~ AS SHOWN ON A MAP
THEREOF RECORDED IN HOOK 8~ PAGE 73~ MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY~ BEING THAT PORTION OF LOS
ANGELES STREET~ 60.00 FEET WIDE~ ADJOINING SAID LOT 1 OF
SAID TRACT ON THE EAST~ ABANDONED BY RESOLUTION OF T8E BOARD
OF SUPERVISORS OF SAID ORANGE COUNTY, A COPY OF WHICH WAS
RECORDED IN BQOK 369~ PAGE 480~ OEFICIAL RECOR~Sj AND BY THE
STATE OF CALIFORNIA HIGHWAY COMMISSION BY DOCUMENT RECORDED
IN BOOK 1196~ PAGE 53~ QFFICIAL RECORDS~ BOUNDED WESTERLY BY
THE EAST LINE OF SAID LOT 1~ BOUNDED SOUTHERLY BY THE
EASTERLY PROLONGATION OF THE SOUTH LINE OF SAID LOT 1 AND
BOUNDED EASTERLY BY THE WESTERLY LINE OF THE RIGHT OF WAY,
100.00 FEET WIDE~ REFERRED TO IN SAID ABANDONMENT~ AS SHOWN
ON A MAP PREPARED BY TSE STATE OF CALIFORNIA DESIGNATED
DISTRICT VII~ ORANGE COUNTY ROUTE 2, SEC. D~ SHEET 20~ FILED
IN THE STATE HIGHWAY MAP BOOK 1~ PAGE 73-A~ IN THE OFFICE OF
THE STATE HIGdWAY ENGINEER.
PARCEL 3:
THE NORTH 70 FEET OF THE SOUTH 170.00 FEET OF THE WEST 80.50
FEET OF THAT PORTION OF LOT 1 OF 'THE JOSEPH FISCUS
SUBDIVISION"~ IN TflE CITY OF ANAHEIM~ AS SHOWN ON A MAP
RECORDED IN BOOK 8~ PAGE 73, OF MISCELLANEOUS MAPS~ RECORDS
OE SAID ORANGE COUNTY, LYING EAST OF THE EAST LINE OF TRACT
N0. 2495~ AS SHOWN ON A MAP RECORDED IN BOOK 115~ PAGES 8
AND 9 OF SAID MISCELLANEOUS MAPS.
~0099r PC83-227
WHEREAS, the City Planning Commission did hold a public hearing at
th~: Civic Center in the City of Anaheim on November 28, 1^83, 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 Ariaheim Municipal Code, Chaptec 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 C~immission, after due inspection, investigation and
study made by itself and in its behalf, and after due considecation of all
evidence and reports offered at said hearing, does find and determine the
f ollowing facts:
1. That the petitioner ptoposes waivers of the following to
establish a business school:
(a) SECTZON 18.06.050.0261 - Minimum number and tYpe o£ parkina spaces.
18.06.080 (300 spaces required with 258 maximum small
18.44.066.050 car spac.es permitted; 94 saaces with 388
small car spaces proposed)
(b) SECTION 18.44.068 - Required site screening.
(6 foot hiqh block wall required along a
a public alley abutting residential zoning;
5 foot high wall existing)
2. That the above-mentioned waiver (a) is herebV granted on the basis
that the parking variance will not cause an increase in traffic congestion in the
immediate vicinity nor adversely affect any adjoining land uses; and that the
granting of the parking variance under the conditions imposed, if any, will not
be detrimental to the peace, health, safety or general kelfare of the citizens of
the City of Anaheim.
3. That the above-mentioned waiver (b) is hereby granted on the basis
that there are special circumstances appliable to the property such as size,
shage, topography, location or surcoundings, which do not apply to other
identically zoned properties fn the vicinity; and that strict application of the
Zoning Code deprives the property of privileges enjoyed by other properties in
identical zonin9 classification in the vicinity.
4. That there are exceptional or extraordinary circumstances or
cunditions 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.
5. That the requested variance is necessary for the preservation and
enjoyment of a substantial property cight possessed by other property in the same
vicinity and zone, and denied to the property in question.
6. That the requested variance will nok be mate~ially detrimental to
the public welfare or injurious to the property or improvemEnts in such vicinity
and zone in which the pcoperty is locate3.
6. That no one indicated their presence at said publ3c hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
-2- PC83-227
ENVIRONMENTAL IMPACT FINDING: ihat the Anaheim City Planning
Commission has reviewed the proposal to establish a buszness school with
waivers oi minimum number and type of parking spaces and required site
screening on an irregularly-shaped parcel of land consisting of approximately
0.69 acre, having a frontage of approximately 100 feet on the west side of
Anaheim Boulevard, and f~rther described as 1401 South Anaheim Boulevard; and
does hereby approve the Negative Declaration upoa finding that it has
considered the Neqative Declaration together with any comments received during
the public ceview process and further fir;~ing on the basis of the initial
study and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
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 pcerequisite 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 the owner of subject property shall pay to Ehe City of Anaheim
a fee for tree planting purposes along Anaheim Boulevard in an
amount as determined by the City CounciZ.
2. That subject property owner shall, in a form approved by the City
Attorney's Office, execute and record in the Office of the County
Recorder an exclusive par~ing agreement for a minimum of forty-six
(46) off-strFet parking spaces Sas shown on the approved Exhibit No.
1). A recorded copy of the agzeement shall be filed with the
Planning Department. Said agreement shall specify the number and
location of the off-site parking spaces and shall assure that said
spaces shall be accessible and available at all times for parking in
conjunction with the use for which sai~ parking spaces are required.
3. That prior to the commencement of the actfvity authorized under this
~esolution, or prior to the time that a building permit is issued,
or within a period ef one year from the date of this resolution,
whichever occurs first, Condition Nos. 1 and 2, above-mentioned,
shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
4. That subject property shall be developed substantia2ly in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
5. That prior to final building and zoning inspections, Condition
No. 4, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
do~s 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 u~enforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
-3- PC83-227
THE FOREGOING RESOLUTION is ,igned and app[oved by me this 28th day
of November, 1983.
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/i~1~1i - / ~'l <<-r1-4~
CHAIRWOMAN, A EIM CITY PLANNING COMMISSION
r
ATTEST;
n .~/ A~ O~ '
SECR-ET~Y~ ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. 8arris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution, was passed and
adopted at a meeting of the Anaheirn city Planning Commission held on November
28, 1983, by the following vote of the members thezeof:
AYES: COMMISSIONERS: BOUAS~ BUSHORE~ PRY~ HERBST~ KING~ LA CLAIRE~
NOES: COMMISSIONERS: NONE
AHSENT: COMMISSIONERS: MC BURNEY
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day pf
November, 1983.
~dLc~ ~g.,.~...:
SECRETARY, ANAHBIM CITY PLANNING rOMM2SSION
-4- PC83-227