PC 85-181kESOLUTION N0. PC85-181
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMM'LSSION
THAT PETITION F0~ VAkIANCE N0. 3486 5F GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petit.ion fo[ Variance from RALPH W. PfAA5 AND VIRGINSA G. MAAS, c/o WILLIAM R.
FitO~BCRG, 3553 Camino Mira Costa, Suite F, San Clemente, California 92672,
owners, and RICK LESLIE, 4246 Greenbush Avenue, Sherman Oaks, CaliEornia
91423, ayent E~r certain real property sitnated in the City of Anaheim, County
of Orange, State of Califurnia, described as follows:
THE WESTERLY 120.00 FEET OF THE; E~STERLY 154.75 FEET OF THE
SOUTHERLY 120.00 FEET OF THE NORTHERLY 153.00 PF.ET (MEASURED
Ffi0h1 AND ALONG THE CENTER LINE OF VERMONT STREET~ FORMERLY
BROAD STRF.ET ON THE tJORTH AND HARBOR BOULEVARD, EORMRRLY PALM
STREET ON THE EAST) OF LOT 28 OF ANAHEIM EXTENSION~ Ih THE
CITY OF ANAHEIM, COUNTY OP ORANGE, STATE UF CALSFORNIA~ AS PER
MAP OF SURVEY MADE: BY WILLIAM HAMEL IN 1868 AND FILED IN THE
qFFIC~; OF THE COUNTY RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, A COPY OF WHICH IS FILED IN BOOK 3, PAGRS 163 ET
SEQ. OF LOS ANGELES COUNTY MAPS, iN THE 0'r'FICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY.
WE3FREAS, the City Planning Comtnission did hold a public t~earing at
the Civic Center in the City of nnaheim o~~ June 24, 19H5 at 1:30 ~~.m., notice
oE said public hearing having been duly given as required by law and in
accordance with the pr.ovisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consider evidence for and against said proposed reclassification
anci to investiyate and make findings and recommendations in connection
ttierewith; said public hearing having been continued to the Planning
Commission meeting of August S, 1985; and
WFEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf., and after due consideration of all
evidence and reoorts oEfered at said hearina, does find and determine the
following facts:
1. That the petitioner proposes a waiver of the following to
construct a commercial shopping center:
SECTiON 18.94.063.040 - Minimum structural setback.
(10 feet adjacent to south and west property
lines cequired; none ptoposed)
2. That the above-mentioned waiver is hereby granted on the basis
that there are special circumstances applicable to the property such as size,
shape, topography, location and ~urroundings which do not apply to othec
identically zoned property in the same vicinity; and that stLict application
of the Zoning Code deptives the property of privileges enjoyed by other
properties in the identicai zone and classification in the vicinity; and
further that the adjacent property to the south and west has a resolation of
inte:~t to CO (C;ommercial, Office and Professional) Zoning and is currently
developed ~rith a motel.
0584r PCBS-181
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 for the preservation
and enjoyment of a substantial property right possessed by other property in
the same vicinity and zone, and denied Lo tha property in question.
5• That the r2quested variance will not be materially detrimental
to the Nublic welfare or injurious to the property or improvements in such
vicinity and zone in ~.~ich the preperty is located.
hearing inG.opp si ion•Wandethatsnoncorr spond nce wasereceivedtinaoa P~hlic
to subject petition. pposition
ENVIRONMENTAL IMPACT FINDING•
Commission has reviewed the That tt;e Anaheim City Planning
RS-A-43,0~0 (Residential, Agpcu~tural)~ZOnel toltheSCLJect proper.ty from the
or a less intense zone to construct a commercial sho (COmmercial, Limited)
oE minimum structural setback on a Ppln9 center with waiver
cunsisting of a rectangularly-chaped parce.l of land
pproximately 11,360 square feet located at the southwest corner
oE Vermont Avenue and Hacbor Boulevard, and further described as 901 SouEh
Harbor Boulevard; and does hereby approve the Negative Declaration upon
finding thaC it has considered the Negative Declaration together with any
comments received during the public review process and further finding on the
basis of the initia.l stutiy and any comments received that there is no
substantial evidence that the project will have a siynificant effect on khe
environment.
NOW, TH~P,GFORE, BE IT R~SULVED that the Anaheim City Planning
Commission does herab,y grant subject Petition for Variance, upon the following
conditions which are hereb}• found to be a necessary prerequisite to the
proposed use of the subject property in ord~r *o p.eser•re the safety and
generai w~ifnre ;;f tl,c clcizens of the City of Anaheim:
1. That this Variance is granted subject to the adoption of the Zoning
Ordinance in c~nnection with reclassification No. 84-85-37, now
pending,
Z. That the owner of subject property shall pay to the City of Anaheim
a fee for tree p7.anting purposes along Harbor Boulevard and Vermunt
Avenue in an amount as determined by the City Council.
3. That prior to issuance of a building permit, tne appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
amount as determined by the City Council for new comTercial
buildings.
4. That all driveways shall be constructed to accommodate ten (10) foot f
i
radius curb returns as required by the City Traffic Gngineer, +
i;.
5. That drainage of subject property shal.l be disposed of in a manner
satisfactory to the City Engineer.
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PC85-181 ,
6. That subject pcoperty shall be setved by underground utilities.
7. That prioc to commencement of structural framing, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief ~~f the E'ire Department.
8. That trash storaye areas shall be provided and maintained i:+
accordance with approved plans on file with tt~e Street Maintenance
and Sanitation Division.
y. That the owner of subject property sha11 nay to the City of Anaheim
a fee foc street lighting along Vermont Avenue in an amuunt as
d?termined by the (:icy Council.
lU. That pcior to issuance of a building permit, primary water main fees
shatl be paid to tne City of Anaheim, in an amount as determined by
the Uffice of the Utilities General Manager.
11. Tnat all air conditioning facilities and other roof and ground
mounted equipment shall be properly shielded from view from adjacenL•
residential pzoperties.
12. That the proposal shall comply with all signing requirements of the
CL Zone, unless a variance allow~ng siyn waivers is approved hy the
Planning Commission or City Council.
13. That subject property shall be developed substantially in accordance
with plans and specifications on file ~.uith the City of Anaheim
marked Revision No. 1 of Exhibit No. 1 and Exhibit No. 3.
14. That prior to issuance of a building permit, or within a period of
one year ftom the date of this resolution, wh?chever occuss first,
Condition Nos. 1, 2, 3, 9 and 10, above-mentioned, shall be complied
with. Extensions Eor f~rther time to complete said conditions may
be granted in accordance with Section 1&.03.090 of the Anaheim
i•ilir~ii:iE+al Cvu:.:.
15. That prioe to final buildiny and zoning inspections, Condition Nos.
4, 5, 6, 8, 11 and 13, above-menti.oned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does herebv find and determine that adoption of this Resolution is expressly
predicated upou applicant's compliance with each and all of Lhe conditions
hereinabove set forth. Should any such conditi~n, or ar.y part thereof, be
declared invalid or unenforceable by the final judyment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shali be deemed nu11 and void.
THE EOREGOING RESOLUTION is signed and approved by me this 5th day
of Auyust, 1985.
~Ct,c.Lt~-C- ~~ CiC C¢-C.C-~~
CHAIRWOMAN, ANAHEIM CITY PLANNING COPIMISSION
ATTEST: ~. ~
C;/ ~ /' ~ /
t~ ~°~-~ /i - ~/.~.l~~t~<,
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
_3_ PC85-181
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STATE OF CALIFURNIA )
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
j~ Edith L. 8arris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was pas~ed and
adopted at a meeting of the Anaheim City Planning Commission held on August 5,
1985, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, FRY, LA CLAIRG~ LAWICKT~ F1C BURNEY
NOES: COMI9ISSIONERS: [3ERBST
ABSENT: COt4MISSIUNERS: MESSE
IN WITNESS WHEREUF, I Have hereunto set my hand this Sth day of
August, 1985.
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SECRETARY, ANAHE:M CITY P ANNING COMMISSION
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