PC 85-135RESOLUTION N0. PC85-135
RcSOLUTSON OF THE ANAHEIM CITY PLANNING COMMISSJON
THF.S PETITZUN FOR VARIANCE N0. 3485 3E GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a
veriEied Petiti~n for 4ariance from h1ISAL IIUILDING CUNTRACTORS, INC.,
ATTN: WARTAN L. MZNASSIAN, 300 South Harbor Boulevard, Suite 600,
Anaheim, Ca]ifornia 92805, owners, of certain real property situated in
thr: City of Anaheim, County oF Oranye, State of California describod as:
TfiAT YORTZON OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER
OF SECTION 17, TOWNSHIP 4 SOUTH, RANGE 10 WEST, RANCHU CAJON DE
SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
i+IISCELLANEOUS MAPS, RECORDS OF ORANGE COU[JTY~ CAL'lFORNIA, AND
AS SAID NORTHEAST QUARTER IS INUICATED ON A MAP OF TRACT N0.
647 RF.'CORllED SN BOOK 20, PAGE 34 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGB CUUNTY, CALIFORNIA, DESCRIBED AS F6LLOWS:
BEGINNING AT A POINT ON THE NOP.TH LTNE OF SAID SECTIUN, EAST
200.00 FEET THEREON FRGbt THE NORTHWESi CORNER OF THE LAND
DESCRIBEU IN PARCEL 1 OF THE DEED TO THE GRECO CONSTRUCTION
CURPORATION, RECURDED OCTOBER 6, 1955 IN BUOK 3235~ PAGE 147 OF
OFFICIAL RECORDS; THENCE SOUTt] 300.00 FEET PARALLEL WITH THE
LO~ST LINE OF SAID GRECO CONSTRUC7'ION CORPORATION LAND; THENCE
EAST 140.00 FEET PARALLEL WITH THE NORTH LINE OF SAID SECTION;
TFIENCE NORTH 300.00 FEET PARALLEi. 4lITH SAID WEST LINE, TO THE
N03TH LSNE OF SAID SECTIO~; TNENCE WEST 140.00 FEET 'PO THE
PUINT OF BEGINNIFG.
EXCEpTING THEREFROM THE NORTH 66 E'EET THEREOF.
Wiie;kbAS, thc city Pt~nning Commission did hold a public hearing
at the Civic Center in the City of Anaheim on May 13, 1985, at 1:30 p.m.,
notice of sai.d public t~earing having been duly given as required by law
and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.03, to hear and consider evidence Eor and against said
proposed variance and to investigate and niake findinas and
recommendations in c.~inection therewith; said public heariny having been
continued to the Planning Commission meeting of May 29, 1985; and
WHEREAS, said Commission, after due inspection, investigation
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 fo?Iowing facts:
1. ~hat the petitioner proposes waivers of the following to
construct a one-story commercial/retail center:
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PC85-135
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a) SECTION 18.44.062.C11 - Maximum structural heigt~t.
(0 feet peCmitted dt west pLOpe[ty line;
adiacent to singie-family residential zone
boundary; 19 feet proposed)
b) SECTION 18.44.063.040 - Minimum landscaped setback.
(.10 feet required adjacent to the west and
east property lines; 0-5 feet proposed)
2. That the above-mentioned ~~aivers are hereby granted on the
basis that there are special ciccumstances applic.3ble tc the property such as
size, shape, topogeaphy, location and surroundings which do not apply to
uther identically zo~ed property in the same viainity: and that stcict
application oE tha zoniny Code deprives the property of privileges enjoyed bp
other properties in the identical zone and classification in khe vicinity and
subject to Interdepartmental Committee recemmendations.
3. That there ace exceptional or extraordinary circumstances or
conditions applicable to the propert,~ involved or to the intended use of the
properky 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 foc the preservation
and enjoyrt~ent of a substantial property right possessed by other pr.operty in
the same vicinity and zone, and denied to the property in question.
5. That tt~e requested variance will not be materially detrimental
to the public welfare or ir.jurious to the property or improvements in such
vicinity and zone in which tl~e propecty is located.
6. That no one indicated their pcesence at said public hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVZRONt•1ENTAL IMPACT FINDING: That the Anaheim City Planning
Cpcanission has ~~vi~we~ th~ ~roposal to recl~ssify subject orooerty from the
RS-A-43,U00 (kesidential, Agricultural) to the CL (COmmercial, Lir~~ited) or a
less intense zone to construct a one-stocy commercial/retail center with
waivers of maximun st~uctural height and minimum landscaped setback on a
cectangularly-shaped parcel of .lan~ consisting of approximately 0.75 acre,
having a frontage of approximately 140 feet on the south side of Lincoln
Avenue, and further described as 1830 West Lincaln Avenue; and does hereby
approve the Negative lleclaration upon finding that it has colsidered the
Ne9ative Declaration together with any comments received duriny the public
review Ytocess and further finding on the basis of the initial study and any
comments received that there is no subskantial evidence that the project will
have a significant effect on the environment.
NOW, R'HEREFORE, BE IT FESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Va~iance, upon the
followin9 conditions which are hereby found to be a necessary prerequisite to
the proposed use oF the suUject propecty in u der to p[eserve the safety and
yeneral welfarc of the Citizens of the City of Anaheim:
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1. That cidewalks, curbs, gutters, and paving shall be repaired along
Lincoln Avenue as cequired by the City Engineer and in accordance
with standar.d plans and specifications on file in the Office of the
City Enyineer.
2. That the ownec of subjecl• property shall pay to the City of Anaheim
a fee for tree planting pucposes along Lincoln Avenue in an amount
as detecmined by che City Council.
3. That pri_or to issuance of a building permit, the appropriate
traffic signal assessment fee sha11 be paid to the City of Anaheim
in an amount as determined by the City Council for new commercial
buildings.
4. That the driveway shall be cunstructed to accommodate ten (10) foot
radius curb returns as required by the City Traffic Engineer.
5. That drainage of subject property shall be disposed of in a mannec
satisfactory to tt~e City Engineer.
6. That prior to commencement of structural framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief of the Fi[e Department.
7. That trash storage areas shall be provided and maintained in
accordance with approved plans on file with the Stceet Ftaintenance
and Sanitation Division.
8. That this Variance is granted subject to the adoption of the Zoning
Urdinance in connection witi~ keclassification No. 84-85-36, now
pending.
9. That the owner of subject property shall pay to the City of Anaheim
a fee for street lighting along Lincoln Avenu~ in an amount as
aetecmined by the C:iLy Council.
10. That eubject property shall be served by undergcound utilities.
11. That F,rior to issuance of a building permit, primary watec ma3n
fees shall be paid to the City cf Anaheim, in an amount as
deterTined by the Office of the Utilities Genecal Manager.
12. That fire sprinklers shall be installed as required by the City
Fire Marshall.
13. That all eir conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view, and the
sound buffered from adjacent residential properties.
14. That the proposal shall comply with all signing requirements of the
CL Zone, unless a variance allowing sign ~.~aivers is approved by the
Planning Commission or City Council.
15. That a six (6)-f.oot high masonry block wall shall be consttucted
and maintained along the south, east and west property lines.
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16. That any proposed parking acea lighting fixtures shall be
dowii-lighted with a maximum height of 12 feet. Said Lighting
fixtures shall be directed away from adjacent property lines to
protect the re~idential integrity of the area.
17. That 15-gallon trees planted on 15-foot centers, with appropriate
irrigation facilities, shall be installed and maintained along the
south property lines.
18. That subject property sha11 be developed substantially in accordance
with plans and specif:cations on file with the City of Anaheim
rnarked Revision No. 1 of Gxhibit No. 1 and Exhibit Nos. 2 and 3.
19. That prior to i~suance of a building permit, or within a period of
one year from the date of this resolution, whichever occurs first,
Condition Nos. 2, 3, 6, 9 and 11, 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 Ccde.
20. That prior to final building and 2oning inspections, Condition Nos.
1, 4, 5, 7, ~U, 12, 13, 15, 16, 17 and 18, above-nentioned, shall be
complied with.
BE IT FUR7'HER RESOLVED that the Anaheim City Planning Commission
does hereby fina and detecmine that adoptior of this Resolution is ezpressly
f~redicated upon applicant's compliance with each and all of the conditions
hereinabr,ve set forth. Should any suct~ condition, or any part thereof, be
declared invalip or unentorceable by the final judgement of any court of
competent jucisdiction, then this Resolution, and any appr.ovals herein
contained, shall be deemed nu11 and void.
THE FOREGOING RESOLUTIUN is signQd and appro~ed by me this 29th ddy
of hiay, l9&5.
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-CHAI MAN, AIvAHEYM C~iTY PLANNING COMNIISSION
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SECRETA~Y, ANAHEIpI CITY PJ,ANNING COh1MISSION
STATE UF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY Of' ANAHEIM )
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I, Edith L. Harris, Secretary of the Anaheim City Planning
Commi.sion, do hereby cer.tify that the focegoing resolution was passed and
adopted a: a meeting of the Anaheim City Planning Commission held on
May 2:, 1985, by the following vote of the members thereof:
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AYES: COMPfIS5I0NERS: BtiU.AS~ AUSHUkE~ FRY~ HERBST~ KING~ LA CLAIRE~
MC BURNi.Y
NOES: COMMISSIONERS: NONE
ABSEqT: CO[4MISSIONERS: NONE
IC! WITNESS WH~REOF, I have hereunto set my hand this 29th day of
May, 1985.
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SECRETAP,Y, ANAHEIM CITY PLANNZNG COMMISSION
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