PC 85-151.~.,
RESOLUTION NO. PC85-151
A RESOLUTION OF THE ANAHE:I~9 CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3491 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition For Variance f[om DALE I. SELLON, 2217 F!a[bor Boulevard, D-11, Costa
Mesa, Crilifornia 92627, owner, and JOEIN TARLOS, 17922 Sky Park Circle, Suite N
& P, Ic~ine, California 92714, agent for certain real property situated in the
City of Anaheim, County of O~ange, State of California describe3 as:
PARCEL 2, AS SHOWN ON A PARCEL MAP RECORDED IN BOOK 17 PAGE
11 OF PAkCEL MAPS.
WHERL•'AS, t;:? City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on June 10, 1985, at 1:30 p.m., notice
of said public hearing naving been duly given as required by law and in
accordance with the provisicns of the Anaheim t~funicipal Code~ Chapter 18.03,
to hear and consider evidence foc and against said proposed variance and ko
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commis~ion, after due inspection, investigation and
study made by itself and in its behalf, and after d~ie consideration of all
evidence and reports offered aL said hearing, does find and determine the
following facts:
1. That the petitioner proposes a waiver of the following to
expand an existiny restaucant:
SECTSONS 18.06.050.0233 - Minimum number of parkin4 spaces.
18.06.U60 (39 spaces required; 18 spaces proposed)
AND 18.44.066.050
2. That the above-mentioned waivers are her.eby grar.ted on the
basis there are special circumstances applicable to the pcopesty such as size,
shape, topography, location and surroundings which do not apply to other
identically zoned property in tYie same vicinity; and that strict application
of the Zoning Code deprives the property of privileges enjoyed by other
propecties in the identical zone and classification in the vicinity.
3. That there are exceptional or ext:aordinacy circumstances or
conditions applicable to the pcoperty invulved or to the intended use of the
propectf that do not apply ger~ecally to the property or class of use in the
same viciniCy and zone.
' 4. That the requested vaciance is necessary for the preservation
and enjoyment of a substantial property right pocsessed by other property in
the same vicinity and zune, and denied to the property in question.
;, + 5. That the requested variance will not be materially detrimental
to the public welfare oc injurious to the property or improvements in such
' vicinity and zone in which the property is located.
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6. That one pecson indicated their presence at said public hearing
in opposition; and that no correspondence was received in opposition to
subject petition.
ENVIRONMENTAL IMPACT FSNDING: That the Anaheim City Planning
Commission has reviewed the proposal tc expand an existing cestaurant with
waivet of minimum number of parking spaces on a rectangulariy-shaped parcel of
land consisting of approximately 0.3 acre, having a frontage of approximately
50 feet on the east side of Broo~hurst Street, and furthec described as 322
South B[ookhurst Street (ICentucky Fried Chicken); and does hereby approve the
Negative Declaration upon finding that it has considered the Negative
Declaration togethez with any comments received during the pu6lic review
proces~ and further Eindi.ng 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 Vaciance, upon the following
conditions which are hereby found to be a necessary precequisite to the
proposed use of the subject propPCty in order to preserve the safety and
general welfare of the Citizens oi the City of Anaheim:
1. That the driveways sha'.1 be reconsttucted to accommodate ten (10)
foot radius curb returns as required by the City Traffic Engineer.
z, •Phat tcash storaye aeras shall be pcovided nnd maintained in
accordance with approved plans on file with the Street [4aintenance
dnd SaI1].tdtio^ DiVlsiOn.
3. That pcior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as deteemined by the City Council for new commeccial
buildings.
4. That subject property shall be served by underyround ut:lities.
5. ThaC prior to commencement of structucal framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief oE the Fice Departmer.t.
6. That all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view, and the
sound buffered from adjacent residential properties.
7, That the proposal shall comply with all signiny requi[ements of the
CL Zone, unless a variance allowing sign waivers is approved by the
Planning Commission nr City Council.
g. That a 6-foot high masonr.y block wall shall be constructed and
maintained alon9 the east p[operty line.
9. That any proposed parking area lighting fixtures shall be
down-li9hted with a maximum height of 12 feet. Said lighting
fixtures shall be directed away from adjacent property lines to
protect tkie residential integrity of the area.
_z- PC85-151
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lU. That subject propErty shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit CJOS. 1 through 3; provided, however, that dense
landscaping with trees of sufficient size planted on 3-foot centers
(~uch as Italian Cypress) shall be olanted and maintained on the
east pr~~perty line to provide screening.
11. That prior to issuance oE a building permit, or within a peciod of
one year from the date of this resolution, whichever occurs first,
Condition No. 3, 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.
12. That prior to final building and zoning inspections, Condition Nps.
1, 2, 4, 6, 8, 9 and 10, above-mentioned, shall be complied with.
B~ IT FURTHL•'R RESOLVED that the Anaheim City Planning Commis~ion
does hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the conditions
he~eina6ove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the fina2 judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
c~ntained, shall be deemed null and void.
THE FOREGOING RESOLUTION is sign~d ar.d approved by r,ie this lOth day
of June, 1985.
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-"CHAIRMAN, AN~i IM CZTY PI.ANNING COAIMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COAfM,Zg~?p;;
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary oL the Anaheim City Planning
Commission, dc hereby certiEy that the £oregoing tesolution was pasaed and
adopted at a n:eeting of the Anaheim City Planning Commission held on June 10,
1985, by the following vote of the memters thereof:
AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FkY, HERBST~ KING~ LA CLAIRE~
F1C BURNEY
NOES: COMMISSIOIVE:RS: NONE
ABSENT: COMMISSIONERS: NONE
IN h~TNESS WHEREOF, I have hereunto set my hand this lOth day of
June, 1985.
SEC.Rh1AR~ANAHgIM CITY PLANN~OMMISSION
-3 PC85-151