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PC 85-182RESOLUTIUN N0. PC85-182 A RESOLUTION OF THE ANAHEIM CITY PLANNING COt4MISSION THAT PETZTION FOR VARiANCE NO. 3497 BE GRANTED, IN PAR4' WHEREAS, the Anaheim City Planniny Commission did receive a verified Petition for Variance from R08ERT A. FERRANTE, 2171 Campus Drive, irvine, CaliEornia 92715, owner, and MICHAEL K. FRAZIEk, 4712 Tucana, Yorba Linda, Califocnia 9268G, agent for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1, 2, 3 AND 4 ICI THE CITY OF ANAHF.IM, COUNTY OF ORANGF~ STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN ROOK 120 PAGES 22 AND 23 OF PARCEL MAPS 1N TFIE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Comm.ission did hold a public hearing at the Civic Center in the City of Anaheim on July S, 1985, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municioal Code, Chapter 18.03, to hear and consider evidence for and agz~inst said proposed vaciance and to inveskigate and make findings and recommendations in connection therewith; said public hearing having been continued to the Planr.ing Commissic+n meeting oE Auyu:;t 5, 1985; and WiiEREAS, said Commission, a£ter due inspection, investigation and study made by itself and in its behalE, and after due corsideration oE all evidence and repocts offesea at said hearing, does find and deter.mir.e the followin9 facts: 1. That the petitioner proposes ~aivers of the Eollcwiny to expand an existin9 commercial center: (a) SECTIONS 18.~6.U50.0212,, - Minimum num5er of parkinq space~. 18.06.050.022z (393 soacR+s ~nn~~rn~; ?qA prop0.^.0d) 18.06.OSU.0221, 18.Oo.U50.0231, 18.06.080 ANA 18.44.066.050 (b) SECTIONS 18.84.062.013 - Minimum land~caped setback. AND 18.64.062.014 (2~ feet fullv landscaped adiacent to Old Santa Ana Canyon Road cequired; 0-to 2G-feet proposed) 2. That the above-mentioned waiver (a) is hereby granted on the basis that the parking waiver will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoirzng land uses and grantin9 of the packing wai~er under the conditions imposed, ;f any, will not be det[imental to the peace, health, safety and general welfare of the citizens of the City oE Anaheim. OSdSr PC85-182 3. That the cequested waiver (b) is hereby denied on the basis that strict application of the Zoning Code will not deprive the propecty of privileges enjoyed by other propecties in identical zoning classification in the vicinity and that approval could establish an undesirable precedent. 4. That the proposed variance is hereby yranted subject to the petitiuner's stipulation at the public hParing that no new restaurants or medical ofEice uses nor any additions to existing restaurants or medical offices shall be pecmitted. 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject p~tition. BNVIRONMENTAL IMPACT FINDiNG: That the Anaheim City Planning Commission has reviewed the proposal to expand an existing commercial center with waivers of minimum number of parking sr.aces and minimum landscaped setback on an irregulacly-shaped parcel of land consisting of approximately 5 acres located at tne northwest cornec of Santa Ana Canyon Road and Lmperial ~ighway, and further described as 5565 to 5595 East Santa Ana Canyon Road; and does heceby approve the Negative Declaration upon finding that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will tave a significant effect on the environmer.~. NOW, THEREFORE, 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 subject prupecty in ordec to preserve the safety and general welfare oE the Citizens of the Citl of Anaheim: 1. That drainage o1 subject property shall be disposed of in a manner satisfactory to the City Engineer. 2. That prior to commencement of structnral framina, firr hvdrants snall be installed and charged as required and determined to be necessary by the Chi=f of the Pire Department. 3. That trash storaae areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 4. That, as specified in Ariaheim Municipal Code Section No. 18.84.062.032, no roof-mounted equipment, whatsoever, shall be permitted. 5. That the proposal shall comply with all signing requirements of the CL(SC) Zone, unless a variance allowing sign ~aaivers is approved by the Planning Commission or City Council. 6. That any proposed parking area lighting fixtures shal.l be down-lighted with a maximum height of L2 feet. Said lighting fixtures shall be directed away from adjacent property lines to protect the residential integrity uf the area. -Z' PC85-182 7• That any specimen tree removal shall be subject to the tree preservation reyulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC" Scenic Corridur Uverlay Zone. 8. That subject property shail be developed ~ubstantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 9. That prior to issuance ot a building permit, or within a period of one year Lrom the date of this resol~:tion, whichever occurs first, Condition No. 8, above-mentioned, shall be complied with. Extensions for furL-her time to compiete said conditions may be granted in accordance with Section 18.~3.090 of the Anaheim Municipal Code. 10. That prior to final building and zoning inspections, Condition Nos. 1, 3, 6 arsd 9, above-mentioned, sha11 be complied with. 11. That no restaurants or meaical office uses nor any additions to existing restaurants or medical offices shall be permitted. BG LT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and a11 of the conditions hereinabove set forth. Should any such condition, or any part thereof, be ~eclared invalid or ur~enforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals hErein contained, shall be deemed nu11 and void. THE FORF.COIf7G RESOLUTLON is signed and appruved by me this Sth day of August, 1985. /. r - ~ --L-~ r ' ~.' t . X ~t ~'1%a ~. . ,. \) ATTESt': CHAIRr~~nHrv~ ANAHEiM CITY PLANNING COMMLSSION %' ~'/~;~ ,C ~{~- - / L G -Li SECRETARY~ ANAHEiM CITY PLANNING COMh1iSSI0N STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIPI ) i, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certiPy that the foregoing resolution was passed 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, FP.Y, LA CLAIRE, LAWiCKI~ MC BURNEY NOES: COFIFIISSIONERS: HERBST ABSENT: COPIMZSSIONERS: MESSE IN WtTNESS WHEREO[', i tiave hpteunto set my hand thi.s 5th day of August, ?985. _ ~. .~ i ' ~ ~ ~ ~// ~~. ~,. ~~~ ~=. . ~ ~~ E:LZ~. SECRETARY~ ANAHEZM CiTY PLANNINC COt•1MISSION -3 PC85-1A2 ~'~ 1._. _.. __