Resolution-PC 98-29RESOLUT?vi;i NO. PC98-29
A RESOLU710N OF THE ANAriEIM CITY PLANNING COMNISSION
THAT PETITION FOR VARIANCE NO. 4354 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petitian for
Variance for certain real property situated in the City of Anaheim, County oF Orange, Sta;e of California
described in Attachment "A".
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 2, 1994, ai 1:30 p.m., notice of said public hearing having been duly g;ven
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 58.03,
to hear and consider evidence for and against said proposed variance and to investigate and make
findings and recommendations in connectior therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in i;s behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the petitioner requests waiver of the foliowing in connection with a previously-
approved 3.750 sq. ft. service station with a drive-through carwash and two fast food restaurants in a
convenience market with retai~ sales of beer and wine for off-premises consumption:
Sections 18.44.050.070 - Required trees adiacent to interior bound~
18.44.063.050 lines.
and 18.87.030.072 (minimum 10 trees required for service stations;
4 trees proposed)
3. That lhere are special circumstanr,es applicable to the property con~isting of its size,
shape, location and surroundings, which do not apply to other identically zoned properti2s in lhe vicinity,
because said characteristics impact development of the property as a service station/carwash facility and
a similar waiver has been approved for other identically zoned and developed corner lots throughout the
City; and that it is not unusual for canruash tunnels to be constructed immediataly adjacent to an interior
property line when abutting adjacent properties are zoned commercially and thereby eliminating a
landscaped planter along the property line;
4. That strict application of !he Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning ciassification in the vicinity and, in this case, would not serve to
benefit the community because a 5-foot wide strip of landscaping between the carwash tunnel and the
existing block wall adjacent to the west property line would create an undesirable "indefensible" space with
limited visibility;
5. That the total number of trees (40) required by Code will be provided elsewhere ~n the
property;
6. 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 to the
property in question;
7. That thc• iequested variance will not be materially detrimental to the pubiic welFare or
injurious to the property or improvements in such vicinity and zone in which the property is located; and
CR3198PL.DOC -1- PC98-29
8. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL ~UALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falis within the definition of Categorical
Exemptions, Class 5, as defined in the State EIR Guidelines and is, therefore, categoricaily exempt from
the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant 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 welfare of the Citizens of the City of Anaheim:
1. That a minimum of forty (40), minimum fifteen (15) gallon sized, trees shaii be planted on the
property, not including four (4) Cape Chestnut trees to be planted in pots adjacent to the north
ouilding elevation. Said information shall be specifically shown on plans submitted for building
permits.
2. That subject property shali be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
3. That the west carwash wall and the south building elevation shall be stucco-finished to match the
front of the building.
4. That prior to commencement of the activity authorized by this resoiution, prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever
occurs first, Condition No. 1, above-mentioned, shall be complied with. Extensions for further time
to r,omplete said conditions msy be granted in accordance v~ith Section 18.03.090 of the Anaheim
fviunicipal Code.
5. That prior to final building and zoning inspections, Condition Nos. 2 and 3, above-mentioned, shall
be complied with.
6. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim titunicipal Zoning Code and any other applicabie City, State and
Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
BE IT 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 all of the conditions hereinabave set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final Judgmer,t of any ~:r.urt of competent jurisdiction, then this
Resoiution, and any appravals herein contained, shall be deemed r~ull and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 2, 1998.
.C ZG
C IRMAN, ANAHEI CITY PLANNING COMPAISSION
ATfEST:
S~
SECRETARY, AN EIM CITY PLANNING COMMISSION
-2- PC98-29
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANA~-IEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resoluticn was passed and adopted at a meeting of the Anaheim City Planning
Commission held on March 2, 1998, by lhe following vote of the members thereof:
AYES: COMMISSION~RS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT
~ IN WITNESS WHEREOF, I have hereunto set my hand this a~ day of
_ ~~~ 1998.
• e~yfL(.tl'
SECRET~ARY, AN HEIM CITY PLANNING COMMISSION
-3- PC98-29
ATTACHMENT "A"
LOT 49, OF THE ORIGINAL TOWN OF ANAHEIM, IN THE CITY
OF ANAHEIM, AS PER M~,P RECORDED IN BOOK 4, PAGES
629 AND 630 OF DEEDS IN THE OrFICE OF THE CCJNTY
RECORDER OF LOS ANGELES COUNTY, CALIFORNIA,
EXCEPTING THEr~EFR~M THAT PORTION WITHIN THE
FOLLOWING DESCRIBED LAND:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE
WITH THE CENTERLINE OF ANAHEIM BOULEVARD (NEW)
AS SHOWN ON PARCEL MAP ~IO. 90-224 ~ILED IN BOOK 256,
PAGES 3 THROUGH 11 OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECC~RDER OF SAID ORANGE COUNTY,
THEIVCE SOUTH 75 DEGREES 26' 31" VVEST 242.15 FEET
ALONG SAID CENTERLINE OF BROADWAY; THENCE SOUTH
14 DEGREES 33' 29" EAST 21.75 FEET TO THE TRUE POfNT
OF BEGINNING, SAID POINT BEING ON 7F1E SOUTHERLY
LlNE OF SAID BROADWAY, FORMERLY. BROADWAY
STREET, AS DESCRISED IN THE DEFD TO THE CITY OF
ANAHEIM, RECORDED MAY 28, 1907, IN BOOK 149, PAGE 32
OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, THENCE NORTH 75 DEGREES 26' 31"
EAST 154.88 FEET ALONG SA~~ SOUTHERLY LINE TO THE
BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS CF 25.00 FEET;
THENCE EASTERLY AND SOUTHERLY 39.30 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES
03' 55" TO A LINE PARALLEL WITH AND WESTERLY 40.00
FEET FROM THE SOUTHERLY PROLONGATION OF THE
CENTERLINE OF ANAHEIM BOULEVARD (OLD) AS SHOWN
ON SAID PARCEL MAP NO. 90-224; THENCE SOUTH 14
DEGREES 29' 34" EAST 3.40 FEET ALONG SAID PARALLEL
LINE; THENCE NORTH 59 DEGREES 31' 31" WEST 23.22
FEET TO A LINE PARALLEL WITH AND SOUTHERLY 12.00
FEET FROM SAID SOUTHERLY LINE OF BROADWAY;
THENCE SOUTH 75 DEGREES 26' 31" WEST 103.43 FEET
ALONG SAID LAST MED:TIONED PARALLEL LINE TO THE
BEGINNING OF A TANGENT CURVE CCiv~:,qVE NORTHERLY
HAVING A RADIUS OF 85.00 FEET; THENCE WESTERLY
28.08 FEE7 ALONG SAID CURVE THROUGH A GENTRAL
ANGLE OF 18 DEGREES 55' 29"; THENCE NORTH 85
DEGREES 38' 00" WEST 12.00 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 65.00 FEET; THENCE WESTERLY 21.47 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE UF 18
DEGREES 55' 29" TO THE TRUE POINT OF BEGINNING.
PC98-29