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PC 85-114R~^uOLUTION N0. PC85-114 A RESOLUTION UF TNE ANAHEIM CITY PLAt:NING COMMISSZON TH~7' PETITION FOR VARIANCE N0. 3483 BE GRANTED WHEREAS, th~ Anaheim City Planning Commissio~ did 'receive a vetified Petition for Vaciance from OX ROAD GENERAL PARTNLRSHIP, 1077 West Ba11 Road, Anaheim, California 92802, ATTN: DAVID COLLINS, owner, and JACK STOVALL AND JOtiN SWINT, 999 West Ball Road, Anaheim, California 92802, agent for certain real pcoperty situated in the City of Anaheim, County of Orange, State of California described as: PARCELS 1, 2, AND 3 AS SHOWN ON A b1AP RECORDED IN SO~K 26, PAGE 44~ OF PARCEL MAPS, RF.CORDS OF SAID COUNTY, WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 29, 1985, at 1:30 p,m „ notice of said public hearing having been duly given as requiced 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 vaziance and to investigate ar~d make findings and recommendations in connection therewith; and WHEREAS, said Commissio~i, after due inspection, znvestigation 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 Eoll.owing facts: 1. Ttiat the petitioner proposes a waiver of the following to expand an existing restaurant: SECTIOtJS 18.06.050.0232L - Plinimum number of parkinq sGaces. 18.06.050.024 (172 parkzn4 spaces reguired; 106 spaces- 18.U6.080 96 on-site and 10 off-site proposed) A.ND 18.48.066.050 2• That the above-mentioned waiver.s are hereby granted on the basis that the petitioner submiL•ted a letter from the hotel located across Ox Road authorizing employee parking on their parking lot; and further on the basis that tl~e t:affic study submitted did not take into consideration the elimination of the upstaira (m=zzanine) acea as a dining area; thereby the tota.l number of seats used for dining are less than considered in the ceport; and f~~rther on the basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 3• That the proposed variance is hereby ~ranted subject to the petiti.oner's sti.pulation to plant trees such as "lemon eucalyptus" along the entire south property line along Ball Road Erom Ox koad to the freeway to provide a visual screen as viewed from Ball Road. ~0512r PC85-114 , .i _ _ _ ,>~:~ 4• 7'hat there are er.ceptional or extraordinary circumstances or condiL-ions applicable to the prcperty involved or to the intended use oE the property that do r.ot 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 right possessed by other property in . the same vicin:ity 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 pruperty or improvements in such vicinity and zane in which the property is located. 7• That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject peLition. ENViRONMENTAL Zh7PACT FINDiNG: That the Anaheim City Pianning Commission has reviewed the proposal to expand an existing restaurant with waiver of minimum number of parking spaces on an irregularly-shaped parcel of land consisting of ap~roximately 1.37 acres located at the northeast corner of Ball Road and Ox Road, and further described as 999 West Ball Road (Spaghetti Station); and does hereby approve the Negative Declaration upon finding that it has considered the Nevative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and 'aiiy comments received that thete i, no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFUR6, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant sutject Petition for Variance, upon the following conditions which are hereby fou:~d to be a necessary 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 building permit, the appropriate traffic s~~~al ~:::c-ccment Ltc; si;ail ~e paid to the City of Anahaim in an amount as determined by the City Council for new commercial buildings. 2. That a~y required ofE-site par.king facilities shall comply with Section 18.06.010.020 of the Anaheim Municipal Code pertaining to parking agreement execution and recordation, Said section requires submittal to the Planning Department of a recorded parki.ng agreement prior to issuance of a building permit. 3. That prior to commencement of structural framing, fire hydrants shall be installed and charged as requiced and determined to be necessary by the Chief of the Fire Department. 4. That trash ~torage areas shall be provided and maintained in accordance with app~oved plans on file with the Street Maintenance and Sanitation Division. 5. That all air conditioning facilities shall be properly shielded from view, -Z PC85-114 . '", 6. Thal the p[oposal shall comply with all signing requirementc of the CR Zone, unless a variance allo~ring sign waivers is appcoved by the Planning Commiss?on oc City Council. 7. That subject propecty shall be developed substantially in accordance wi.th plans and specifications on file with the City of Anaheim marked L'xhibit Nos. 1 through 3; provided, howevec, that trees, sucn as "lemon eucalytcus' shall be planted along the ~ntire south pcoperty line along Ball Road from Ox Road to the freeway. 8. Thal: prior lo issuance of a building permit, or within a period of one year from the date of chis resolution, whichever occurs first, Condition Nos. 1 and Z, above-mentioned, shall be complied with. Extensions for furr_her time to complete said conditions may he granted in accordance with Section 18.03.090 uf the Anaheim Municipal Code. 9. That pcior to final building and zoning inspections, Condition Noe. 4, 5, and 7, above-mer.tioned, shall be complied with. BE IT FU&2HER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upan applicant's cumpliance with each and a11 of the conditions heceinabove set forth. Should any such condition, or any part thereof, be declared invalid o~ unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, sha11 be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 29th day of Apcil, 1985. / ~ _ ; ,,~ i CHAIRMAN, ANAHD'Tht. ITY PLANNING COMMZSSION ATTEST: ~~~~ .t~ t~r~:~ SF.CAF:TARY, ANAHF.IM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF CRANG~ ) ss. CITY OF ANAHEIM ) I, Edith I.. Har~is, Secretacy of the Anaheim City Planning Commission, do hereby certify that the foregoing cesolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 29, 1985, by the following vote of the members thereo`.: AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY~ HERBST~ KING~ LA CLAIRE MC BURNEY i~OES: CO~IMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WiTNESS WHEREOF, I have hereunto set my hand this 25th day of. AY[il, 1985. ~~ .~ ;~~~~~a.~~ SECRETARY~ ANAflEIM CITY PLANNING COMMISSION _3_ PC85-114 ..,.~