PC 83-250RESOLUTION NO. PC83-250
A RESOLUTION OF THE ANAHEIM CITY PLANNING CUI7MISSiON
THAT PETITION FOR VARIANCE NO. 3371 BE GRANTED~ 7N PART
WHEREAS, the Ar,aheim City Planning ~ommission did receive a verified
Petition for Variance f.rom CLAUSEN ENTERPRZSES, 2795 West Lincoln Avenue,
Suite F, Anaheim, California 92801, ATTN: CRAIG M. CLAUSEN, agent of certain
real property situated in the City of Anaheim, County of Orange, State of
Califoznia described as:
PARCEL 1:
THE WEST 100.00 FEET OF THE EAST 524.00 FEET OF THE NORTH
288.00 FEET OF THE NORTHWEST 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
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
EXCEPT THE SOUTH 36.00 FEET OF THE NORTH 66.00 FEET THEREOF.
V7HEREAS, the CiLy Planni~ig Commission did hold a public hearing at
the Civic Center in the City of Anaheim on December 28, 1983, a;: 1:30 p.m.,
notice of said public hearing having been duly given as requized 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 ther.ewith; and
WHEREAS, said Commission, 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 hear.ing, does find and determine the
Eollowing facts:
1. That the petitioner proposes waivers of the following to
construct a two-story commercial building:
A) SECTION 18.05.093.023 - Permitted location of a free-standina
sian
(40 feet from eastecly p~opecty line
cequiced; 29 feet ptoposed)
B) SECTIOl7 18.06.050.0212 - Minimum number of packina spaces
18.06.O5Q.022
:~ND 18.44.066.050
C? SECTION 18.44.062.011 - Maximum structural heiaht
(10 feet permitted for adjacent
RS-A-43,000 Zoning; 27 feet 6 inches
proposed)
#G122[
PC83-250
i.~.._. ..
'~ ; •,'
2. That the above-mentioned waiveKS (a) and (c) are heceby gr.anted
on the basis that the petitioner demonstcated tnat a hazdship exists in that
thece are special citcumstances applicable to the property such as size, shape,
topo9taphy, location or surroundings, which do not apply to other identically
zoned properties in the vicinity; and that strict application of the Zoning Code
deprives the pzoperty of privileges enjoyed by other properties in identical
zoning classification in the vicinity.
3. That the above-mentioned waiver (b) is hereby denied on the basis
that said waiver was deleted in the revised plans submitted by the petitioner.
4. That the pzoposed use is heceby grar.ted subject to the
petitionez's stipulation at the public hearing that there shall be no windows on
the second story of the south side facing the mobilehome park.
5. That thece aze exceptional oz extraordinary ciccumstances or
conditions applicable to the property involved or to the intended use of the
propexty that do not apply genezally to the propezty or class of use in the same
vicinity and zone.
6. That the reqiiested vaziance is necessacy 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.
7. That the requested variance will not be material].y detrimental to
the public welfare oc injurious to the pcoperty or improvements in such vicinity
and zone in which the property is located.
8, That two persons indicated theic presence 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 p~oposal to construct a two-story commercial
building with waivers of permitted location of a free-standing sign, minimum
number of parking spaces and maximum structucal height on a rectangularly-shaped
parcel of land consisting of approximately 0.51 acre having a frontage of
appzoximately i0Q feet on the south side of Lincoln Avenue, and further
described as 2784 West Lincoln Avenue; and does hereby approve the Negative
Declaration upon finding that it has consideced the Negative Declaration
together with any comments received durin9 the public review process and further
finding on the basis of the initial study and any comments received that ther.e
is rto 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 heceby qrant subject Petition for Variance, upon the following
conditions which ace hereby found to be a necessacy 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 prior to issuance of a buildin9 pecmit, the appxopriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
ar.,ount as determined by the City Council for, new commercial buildings.
_2_
PC83-250
r~.
2. That the owner of subject propecty shall pay to th? City of Anaheim a
fee for tcee planting pur.poses along Lincoln Avenue in an amount as
detecmined by the City Council.
3• That trash storage areas shall be provided in accocdanr_e with approved
plans on file with the Street Maintenance and Sanitation Division.
4• That the dziveway be constructed with 10 foot radius curb retucns, as
required by the City Tzaffic Er.gineer.
5• 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 revised plans be
submitted indicatin9 the relocation of the trash enclosuce to a
location acceptable to the Stzeet Maintenance and Sanitation Division,
and pzoviding an adequate fize-truck and tzash-truck turn-around area
as reviewed and appcoved by the Fire Department; and that theze shall
be no windows on the second stozy of the south side of the building
facing the mobilehome park.
6. That priox to the commencement of the activity authorized under this
cesolution, or prior to the time that a building permit is issued, or
within a period of one year from the date of this resolution,
whichevez occuzs first, Condition No. 2, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be gzanted i.n accor.dance with Section 18.03.090 of the
Anaheim Municipal Code.
7. That ptioc to final building and zoning inspections, Condition Nos. 3,
4, and 5, above-mentioned, shall be complied with.
S. That thece shall be no windows on the second story on the south side
of the building.
BE IT FURTHER RSSOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
pzedicated 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 oz unenforceable by the final judgment oP any court of
competent jurisdiction, then this Resolution, and any approvals hezein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 28th day of
December, 1983.
~~%r~~ ~~r~
CHAIRWOMAN~ HEIM CITY PLANNING COMMISSION
ATTEST:
~ ~ ,~° ~3~..:
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
-3- PC83-250
~~,. . .... _
,,-.,
STATE OE CALIFORNIA )
COUNTY OF ORANG3 ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secxetazy of the Anaheim City Planning Com:nission,
do heceby certify that the foregoing cesolution was passed and adopted at a
meeting of the Anaheim Ci~y Planning Commission held on December 28, 1983, by
the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY~ KING~ LA CLAIRE~
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: HERBST~ MC BURNEY
IN WITNESS WHEREOF, I have heXeunto set my hand this 28th day of
December, 1983.
~~. ~ ~~~
SECRETARY~ ANAHF.IM CITY PLANNING COMMISSION
-4- PC83-250