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PC 85-195RESOLUTION N0. PC85-195 A RESOLUTiON OF THE ANAHEIM CITY PLANNING COMMISSiON THAT PETITION FOR VARIANCE NO. 3501 BE GRANTED WHEREAS, the Anaheim Cicy Planning Commission did receive a veriEied Petition for VaCiance from WILLiAPf A. MONROE AND PATRICiA E. t90NROE, 411 East Old Lincoln Avenue, Anaheim, California 92805, owners of certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: THAT PORTION OF THE SOUTH~AST QUARi'ER OF SECTION 20, TOWNSHi2 4 SOUTH, RANGc: 10 WEST~ IN THE RANCHO LAS BOLSAS AND PARTLY 1N THE RANCHO LOS COYOTES, IN THE CiTY OF ANAHEiM~ COUNTY OF ORANGE~ STATE OF CALIFORNZA, AS PER MAP RECORDED IN BOOK 51, PAUE 10 OF h1ISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDE;R OF Sklll COUNTY DESCRIBED AS h'OLLOWS: BE;GINNING AT !.'HE S'OUTHF.AST CORNER OF LOT 40 OF TRACT NO. 2722 AS PER MAP RECORDED IP7 BOOR 74, PAGE 2i, OF SAID MISCELLANEOUS MAPS; THENCE NORTH 0° 55' 00" EAST 125.00 FEET i0 THE NORTHEAST CORNER OF SAID LOT 40; THENCE SOUTH 89° OS' 00" EAST 230.00 FEET ALONG THE SOUTH LINE OF LOT 39 OF SAID TRACT, AND EASTERLY PROLONGATION THEREOP, TO THE ~~AST LINE OF SASD SECT'[ON; THENCE SOUTH D° 55' OU` WEST 125.00 FEET ALONG SAID EAST LINE TO THE EASTERLY PROLONGATION OF THE SOUTH LINE OF SA'[D LOT 40; THENCE SOOTH 89° U5' 00" WEST 230 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the C.ivic Center in the City of Anaheim on August 5, 1985, at 1:30 p.m., notice of said public hearing having been duly given as required by Iaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed vaciance and to investigate and make finding~ and recommendations in connecti.on therewith; said public hearir~g aaviny ueen continued to the Planning Commission meeting of August 19, 1985; and WHEREAS, said Commission, after due inspection, in~~estigation and study made by itself and in its behalf, and after due consideration of ail evidence and reports offered at said hearing, does find and determine t.he fullowing facts: 1. That the petitioner proposes waivers of the following to construct a one-story, commercial retail center: (a) SECTION 18.44.062.011 - Maximum structural neiqht ad'acent to sin4le-familv zoninu. (5 and 7 1/2 feet permitted adjacent to the northwesterly and westerly prop~~rty lines; 17 feet. 9 inches and 11 feet, 3 inches respectively proposed) U598r PC85-195 (b) SECTiONS 1~.44.063.040 - Minirnum landscaped setback adiacent to AND 18.44.063.USU sinqle-familv zoninq, (_10 feet re4uired adjacent to southwesterly property line; 0 to 8 feet proposed) Z• That the above-mentioned waivers are hereby granted on the basis that there are special circumstances applicable to the property such as size, shape, topoyraphy, location and surroundings which do not apply to uther identically zoned property in the same vicinity; and that strict application of the zoning Code deprives the propert,~ of privileges enjoye.9 by other properties i~i the identical zone and classification in khe vicinity. 3. That there are exception3l or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the pcoperty that do noL apply general.ly to the property or class of use in the same vicinity and zone, 4. That the requested variance is necessary for the presecvation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 5. That the requested variance will not be materially detrimental to the public welface or injurious ~o the pcoperty or improvements in such ~icinity and zone in which ~he property is located. 6. That no one indicated their presence at said public hearing in oPPosition; and that no coccespondence was received in opposition to subject petition. ENViRONp1ENTAL IMPACT FINDiNG: That the Anaheim City Planning Commission has reviewed the propocal to construct a~ne-story, commercial retail center with waivers of maximum structural height adjacent to single-family zoning and minimum landscaped setback adjacent to si~gle-Eamily zoning on a rectangularly-shaped parcel of land consisting of approximately 0.50 acre, having a Prontage of approximately 125 feet on the west side of Euclid Street~ and further described as 1655 South Euclid Street; an@ does hereby approve the Negative neclarar_on upon finding ~ual ic has considered the Negative Declaratiun 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 have a significant effect on tl~e environment. NOW, 7~HEREFORE, BE IT RESOLVED that the Anaheim City Planning Coinmission 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 property in order to preserve the safety and general welfare of the Citizens of the City of Anahei~: 1. That prior to issuance of a building pecmit, the appropriate traffic signal assessment fee sha.ll be paid to the City of Anaheim in an amount as determined by the City Council for new commercia.l buildings. 2. That the existing most northerly driveway on Euclid Street shall be removed and reglaced with a standard curb, gutter, sidewalk and '_andscaping. -2 PC85• 195 3. That the driveway shall be constructed to accommodate ten (10) foot radius curb retur.ns as required by the City Traffic Engineec. 9. That drainage cf subject property shall be disposed of in a manner satisfactory to the City Engineer which shall include construction of an undersidewalk culvert ta take the watec into Crestwood Lane. 5. That subject property shal.l be served b}~ underyround utilities. ~ 6. That prior to commencement of structural Eraming, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 7. That trash storaye areas shall be provided and maintained in ; accordance with approved plans on file with the Street Maintenance and Sanitacion Division. : 8. That prior to issuance of a building p~rmit, primary water mai~i fees ~~ shall be paid to the City of Anaheim, in an amount as determi.ned by the Office of the Utilities General t4anager. ,; ~ 9. That the applicant shall obtain an encroachment permit foi parking space~ located on the 5-foot wide public utility easement adja..ent to the southerly pcoperty line. lU. :hat all air conditioning facilities and other roof and ground mounted equipment shall be propetly shielded from view, and the sound buffered from adjacent residential pcoperties. 11. That *he proposal shall comply with all signing requi[ements of the CL _ Zone, unless a variance allowing sign waivers is appro~ed by the Plann;ng Commission or City Council. 12. That a 6-foot high masonry block wall sha11 be constr~cted and permanently maintained alon9 the portions of northerly and southerly property lines which abutt single-family residential zoning, and alon, the wesrarly nroperty line. Said block wall shatl be measured from the highest Einished grade level of the subject property or adjacer.t r.;~ pcoperties, whichever is the higher. ~ 13. That the owner of subject property shall submit a letter requesting tecmination of Variance No. 2547 to the Planning Department. 14. That subject prope~ty shall bE developed substantially in accordance with plans and specifications on fi.le with the City of Anaheim marked Revision No. 1 of Exhibit Nos. 1 and 2; inc.luding construction of bleck walls as required in cnnnection with Condition No. 12, herein. 15. That prior to issuance of a building permit, or within a period of one "'~ year from the date of this resolution, whichever occurs first, i;',~ Condition Nos. 1, 8, 9 and 13, above-nentioned, shal.l be camplied ~,, < 1 with. Extensicns for further time to complete said rondiiions may be r'~i r1'~ yranted in accocdance with Section .18.03.050 oE the Anaheim Municipal Code. -3- PC85-195 ~~t:? ~~+ ° 4 ~~ r: ~ ~ .SU Y 16. That prior to final building and zoning inspecticns, Condition Nos. 2, 3, 4, 5, 7, 10, 12 and 14, above-rtienticned, shall be complied with. ~~ IT FUkTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon app.licant's compliance with each and all of the conditions heceinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceaL•le by the final j~dgment of any court of competent jur.isdictior., then this Resolution, and any approvals herein contained, shall be deemed null and void. TH~ FOREGOING RESOLUTION is signed and approved by me this 19th day of August, 1985, 7 ~,f~ ~._i . /i ~'~GLC.~c~ CHAIRWOMAN, ANAHEiM CITY PLANNTNG COMMISSION ATiEST: ~- ~{.; ' G c~~L ~ i ~,~,L-r.v SECRETARY, ANAHEIPI CI'!'Y PLANNING COPIASISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby cer:ify that the ~oregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 19, 1985, by the foliowing vote of the members thereof: AYES: COh1MiSSIUNF.RS: BUUAS, FRY, HERBST, LA CLAIRE, MESSE NOES: COh1D1ISSI0NER,;: NONE ABSENT: CObIMiSSIUNERS: LAWiCKi, MC BURNEY i~~ ~+:itv'ass ~vH'r,icEVt, t have hereunto set my hand this 19th day of August, 1985. (~ GLC-j%~, .~C . N/Ctil.i,~.r~ SECRETARY, ANAHEIM CITY PLANNING COMMISSLON -4 PC85-195 ~ ys~ z +