PC 83-79RESOLUTION NO. PC83-79
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITIOCI FOR VARIANCE NO. 3327 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for ~?riance from J. HAROLD & MARION A. SMITH, P. 0. Box 68, Stanton,
California 90680, owners, and ROY ALBERONI, 344o West Ball Road, Anaheim,
California 92804, agent, of certair~ real property situated in the City of
Anaheim, County of Orange, State of Californza desc.ribed as:
THAT PORTION OF THE WEST 152.5 FEET OP THE EAST HALF OF THE
WEST HALF OF THE SUUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST OF RANCHOS LOS
COYOTES IN THE CITY OF ANAHEIM AS SAID SECTION IS SHOWN ON A
MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. LYING
SOUTHERLY OF THE SOUTHERLY LINE OP LOTS 23 AND 24 OF TRACT
2839 AS PER MAP RECORDED IN BOOK 85, PAGES 9 TO 15 INCLUSIVE
OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on April 18, 1983, at 1:30 p.m.,
notice of said public hearing having been duly given as raquired by law and in
acc~rdance with the provisions of the ::naheim 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; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in i+:s behalf, and after due consideration of a11
evidence and reports offered at said hearing, does find and determire the
following facts:
1. That the petitionec proposes waivers of the following to
construct a commercial building:
SECTION 18.44.062.011 - Maximum structural hei ht
(5 feet permitted 10 feet from a one-family
residential zone boundary; 12 feet proposed)
2. That the above-mentioned waivar is hereby granted on the basis
that the petitioner demonstrated that a hardship exists due to the shallowness
of subject property and on the basis that the waiver is reasonable due to the
relationship of this property to the adjacent singie-family property to the
west which .is developed with a single-family residence a^d tree nursary.
3. 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.
4. That the requested variance is necessary fur 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 de:cimental
to the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
6. That one person indicated his presence at said public hearing in
opposition; and that no cocrespondence was received in opposition to subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to reclassify subject property from the
RS-A-43,000 (Residential, Single-Family) Zone to the CL (Commercial, Limited)
Zone to construct a commercial building with waiver of maximum structural
heiqht on a rectangu?.arly-shaped parcel of land consisting of approximately
0.40 acre, having a frontage of approximately 152 feet on the north side of
Ball Road, and further described as 3311 West Ball Road; and does h^reby
approve the Negative Declaration fcom the requirement to prepare an
environmental impact report on the basis that there would be no significant
individ~ial or c~imulative adverse environmental impact due to the approval of
this Negative Declaration since the Anaheim General Plan designates the
subject ~roperty for low-density residential land uses commensurate with the
proposal; that nu sensitive e~vironmental impacts are involved in the
proposal; that the Initial Study submitted by the petitionec indicates no
significant individual or cumulative adverse environmental impacts; and that
the Negative Declaration substantiating the foregoing findings is on file in
the City of Anaheim Planning Department.
NOW, 'PHEREFORE, 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 subjeck property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That this Variance is granted subject to the completion of
Reclassification No. 82-83-30, now pending.
2. That subject property shall be developed substantially in aCC:ULC~d11CE
with plans and specifications on file with the City of Anaheim marked
Exhibit Nos. 1 and 2; provided, however that:
(a) Any proposed parkinq area lighting fixtures shall be
down-lighted with a maximum height of 12 feet (said lighting
fixtures shall be directed away from adjacent property lines to
protect the residential integrity of the area; and
(b) An e?ght (8) foot high concrete block wall, as measured from the
highest fi.nished adjacent grade, shall be constcucted alony the
northerly property line.
3. That prior to final building and zoning inspections, Condition No. 2,
above-mentioned, shall be complied with.
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PC83-79
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~~~ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
~' hereby find and determine that adoption of this Resolution is expressly
predicate~ upon applicant's compliance with ear_h and all of the conditions
~ hereinabove set forth. Should any such condition, or any part thereof, be
,.,
s declared invalid oc unenfor~eable by the final judgment of any court of
~i` competent jurisdiction, then this Resolution, and any appcovals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 18th day
of Ap[il, 1983.
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CHAIRMAN~ ANAHEIM CITY PLAN G COMMISSION
ATTEST:
~ • ~ tit~i
an~xti•pt(Y, ANAHEIM CITY PLANNING C0~9MISSIOIr
STATE OF CALIFORNTA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
j. Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do heceby certify that the focegoing resolution was passed and
adopted at a meeting of r.he Anaheim City Plann~ng Commission held on April 18,
1983, by the following vote of the members there of:
AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY, HERBST, KING, MC BURNEY,
NOES: COMMISSIONERS: NONE
AHSENT; COMMISSIONERS: LA CLAIRE
j~1 WITNESS WHEREOF, I have hereunto set my hand this 18th day of
April, 1983.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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PC83-79