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PC 85-198RESOLUTION PJO. PC85-198 A RESOLUTION Or THE ANANEIM CiTY PLANNING COMF1ISSi0N THAT PETITION FOR VARIANCE N0. 350G BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from OWF.N B. LAMPMAh AND ROSE MARiE LAMPMAN, 1427D Eastridge Drive, Whittier, California 90602, owners, and C 6 FI DEVELOFMENT CODIPANY, 1421 North Wanda Road, Suite 180, Orange, Calitornia 92667, ATTN: TERENCE S. CLINGAN, agent for certain real property situated in the City of Anaheim, County of Orange, State of California described as: LOTS 76 THROUGH 79 INCLUSiVE OF TRACT 1808 AS 1~ER MAP RECORDED IN BOUK 52, PAGES 39 THROUGH 41 INCLUSIVE JF b1ISCELLANEOUS h~PS, IN THE UFFICE OF THE CUUNTY RECORDER OF SAID COUNTY. wNEF.EAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anatieim on Auaust 19, 1985, at 1:30 p,m „ notice of ~aid Qublic hearing having been duly given as required by law and in accordance with the provisions oP the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against seid proposed variance and to investigate and make findings and recommendations in connection therewith; and WHER~AS, said Comr~ission, after due inspection, investigation and study made by itself and in its behalf, and after due conaidezation of all evidence and re~orts offered at said hearing, doe~ find and determine the fol:owing facts; 1• That the petitioner propo>es waivers of the followinq to construct a one-story commerciai retail center: (a) SECTION 18.44.U62,U11 - Maximun structural heiqht. (2-feet G-inches and 3-feet permitted adjacent to the easterly and northerly property lines; 18 feet 6 inche~ proposed) (b) SECTIONS 16,44.063.q4n - ~+:~f~,~~ Zyr~~~QUC~ ~etback. AND 18,q4.U63,O5U (LO-feet cequired adjacent to the easterly and iiortherly property line; 3-to 6-feet proposed) ~. That the above-mentioned waivers are hereby g~anted on the basis chat there ~re special circumstances applicable to lhe property such as size, shape, topography, ?ocation and surroundings which do not apply to other identically zoned pcoperty in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classifi.cation in the vicinity. 3• That there are exceptional or extraordinary circumstances ot 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. U60.1r PC85-198 9• That the requested variance is necessary for the preser.vation and enjoym~~nt oi a substantial pcoperty riyhr_ possessed by other property in the same vicinity and zone, and denied to the property in question. 5• That the requested variance wi11 not be materially detrimental tu the public welEare or injurious to the pcoperty or improvements in such vicinity and Z~ne in which the property is located. 6• That no une indicated their presence at said public hearing in opposition; ana that no correspondence was received in opposition to subject petition. ENVtRUNMENTAL iMYACT FINDiNG: That the Anaheim City Planning Commission has reviewed the proposal to construct a one-story commercial retail center with waivers of maximum structural height and minimum landscaped setback on an irregularly-shaped parcel of land consisting of approximately O.S2 acre located at the northeast corner of Katella Avenue and Bcookhurst Street, and further described as 2181 West Katella Avenue; and does hereby approve the Negative Declaration upon finding khat it has considered the Negative Declacation together with any comments received during the pubLic review process and further finBing on the basis of the initial study and any comments ceceived that there is no substantial evidence that the p[oject will have a siynificant efiect on the environment. tJUW, TNEFEFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby gcant subject Petition for Variance, upon the foliowing 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 welfate oE the Citizens of the City of Anaheim: Ttiat prior to issuance of a buildin9 permit, the app~opriate traffic si9nal assessment Eee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildinys. Z, That all driveways shall be constri~ct~~ ~ cuuius curD returnc as required b _~ y`CO'uc~~Lc ~en (iU) toot y tt~e City Traffic Engineer. 3. That drainage of subject property shall be disposed of in a manner satisfacCory to the City Engineer. 4. That subject propercy sha11 be served by underground utilihies. 5. ~hall prior to commenc~ment of structural framing, fice hydrants be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 6. Tha~ trash storage areas shall be provided and maintained in accorda~ce with approved plans on file with the Street Maintenance and Sanitation Division. 7. That stceet lighting f.acilities along Katella Avenue and Brookhurst Street shall be installed as requiced by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General hlanager, and that security in the form of a bond, -'- ~ PC85-198 certificate of deposit, letter oE credit, or cash, in an amount and Eorm satisfactory to the City of Anaheim, shall be posted with the City to 9uarantee the ~atisfactory completion of the above-mentioned imprc~•:ments. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed ~,rior to occupancy. ~• That a six (6)-foot high masonry Slock wall shall be constructed and naintained along both northecly and easterly property .Lines (except for the front setbacks). y• That the Yroposal shall comply with all signing requirements of the CL Zone, unless a variance allowing sign waivers is approved by the Planning Commis~ion or City Council. 10, That the owner of subject property shall ;ubmit a letter requesting termination of Variance tdo. 2407 and Conditional Use Permit No. 571 to the Planning Depactment. 11. That all aic conditiuning facilities and other roof and ground mounted eguipment shall be properly ~hielded from view, and the sound buttered fcom adjacent residential properties. 12• That any proposed parking area Lighting fixtures shall be down-lighteu with a maximum heigh[ of 12 feet. Said lighting tixtures shall 6e directed away from adjacent property lines to p[otect the residential inteqrity of the area. 13. That sub~ect propecty shall be developed .^,ubstantially in accordance with plans and specifications on file with the City of Anaheim marked ~xhibit Nos. 1 a7d 2, 14. That prior to issuance of a building pecmit, or within a period of one year from tne date of this rPSOlution, whichever occurs first, Conditiun Noc. 1, 7 and 10, abave-mentioned, shall 6e complipd kLLll. ~xcensions tor turther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 15. That ptior to final building and zoning inspection~, Condition Nos. 2, 3, 4, 6, 11, 12 an-1 13, above-mentioned, shall be comolied with. BE IT FURTHER RESOLVED tha[ the Anaheim Cit}~ Planning Commission does hereby fi~!d and determine that adoption of this Resolution is expressly predicated u~on applicant's compliance with eaci and all of tSe conditions hereinabave set forth. Should any sucli condition, oc any part thereof, be declared invalid or unenforceable by tlie final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -~- PC85-198 ,~•-.. THE FOREGOING RESOLUTION is signed and approved by me this 19th dtiy of Auyust, 1905. ~~i~ ~~/.i'„".• /a' GY ~~-f~a, ~ q\~ CHAIRWCtdAN, ANAHEIM r.ITY PLANNING COMMISSiON ATT'r;ST: -- !// ~I ~"~ 11 • A' Y/% f R,v S~CRETARY, ANAHEiFI CiTY PLANNING COMPSiSSiON STATE OF CALIFURN.iA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIDI ) i, Edith :,. Harris, Secretary of the Anaheim City Planning Commission, do heteby certify that the foregoing resalution was passed ?nd adopted at a meeting of the Anaheim City Plannir.g Commission held on August 19, 1985, hy the following vote of the members thereof: AYES: CODSMiSSIONERS: BUUAS, FRY, HERBST, LA CLAiRE~ LAWiCKI, MESSE NOES: CU6IMISSIONERS: NONE ABSENT; COMMISSLUNERS: MC BURNGY IN WITr'ESS L•~HEREOF, i have hereunto set my hand this 19th day of August, 1985. `~i;= ~ ~/ 7 E-~ ~kC~ V ~ " ~ Gl ~-«- SECRETARY, ANAHEIAI CITY PLANNiNG COD1MiSSiON -4- PC85-198 G ; ~y ~ ~" ~ ~. ; --.. _.._.. . ~ .-„-, ... . . . _ ... , !