PC 82-154RESOLUTION NO. PC82-154
A FL':~nLUTION OF THE ANAHEIM r_ITY PLANNZNG COMMISSION
THAT PE'iITION FOR VARIANCE NO. 3286 BE GRANTED
WfiF.REI+S, the Anahein City Planning Commission did receive a verified
Petition for Vartance from CHESTER H. AND AGNES Y. CHiYA, 8002 De Vries Lane,
La Palna, California 90620, ownezs, and HELE*i V. GEIISTNER, 7152 Bon Villa
Circle, La Palma, California 90623, agent, of certain real property situated
in the City of Anaheim, County of Orang~, State of California described as:
LOT 4 OF TRACT NO. 1B20~ IN THE CITY OF ANAHEIM, AS PER MAP RECORDED
IN BOOK 51, PAGE 31 AND 32 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY•
WHEREAS, the City Planning Comnission did hold a public hearing at
the City tiall in the City of Anaheim on August 9, 1982, 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 Municfpal C.:3e, Chapter 18.03,
to hear and consider evidence for and against said pzopoced variance and to
investigate and raake findings and recor.clendations in connection therewith; ar.d
L•BtEREAS, aaid Co~!ssion, afr.Pr due inspection, investiqation and
study made by itself and in its behalf, and after due consideration of all
evidence and reporta offcred at said hearing, does find and deterciine the
following facts:
1. That thr petitioner proposes waivers of the followinq to
construct a two-story co~ercial buildir.g:
SECTION 18.44.062.011 - Maximum structural height
(5 feet permitted 10 feet from the
adjacent single Lam..ity residentiai
property line; 21-1/2 feet proposed)
2. That the above-mentioned waivers are hereby granted on the hasis
trat the pet.ttioner dec+onstrated that hardship exists due to the location,
surroundings and size of subject property; and that the adjacent proparty
(alonq which the height limitation is required) is located on the north side
of Lincoln Avenue and is undesirable for residential uses.
3. That there are exceptional or extraordinary circumscances or
co~iditiona applicable to the propQrty involved or to the intended use of the
property that do not apply aenerally to the proparty or class of use in the
samc vicinity and zone.
4. That the raquested variance is nrcecsary for the preservation
and anjoyment of a aubstantial prop~rty right posses3ed l~y other property in
the same vicinity and zone, and denied to the property in question.
5. That the requested variance vi12 not b.~ r.~terially det:iacntnl
to the public wel£nre or iniurioua Co tha proparty or iapro~ements in gach
vicinity ~nd zone in which the property ia located.
6. That one porson indicated his preaence at said public hearir.g in
oppositians and that no correspondence was receivod in opposition to eubject
petition. PC82-i54
ENVIRONMEN':Ai, IMPACT FINDITIG: T!~at the Anaheim City Planning
Coc~ission has reviewed r_he proposal to construct a t4•o-story commercial
buildinq with waiver of naximum strur,tural hcight on a rectangularly-shaped
parcel of land consisting of ~pproximately 9231 square feet, fuzther described
as 3169 West Lincoln Avenue; and (~OE:3 hereby approve the Negative Declaration
from the requirement to prepare an environmental impact report on the basis
that there would be no significant individual or curn~lative adverse
environmental inpact due to the approval of this NPgative Declaration since
the Anahein General Plan designates the subject property far low-density
residential land uses co~anensurate with the pzoposal; that that initial Study
submitted by the petitionez indicates no siarfffcant individual or cumulative
advarae envizonmental impacts; and that the tieqative Decl?ration
substantiating the foregoing findings is on file in the City of Anaheim
Planning Department.
NOW, :HEREFORE, gE IT RESpL17ED that thc Anaheim City Planning
Coc~mission does hereby qrant subject Petftion for Variance, upon the folloving
conditions which are hereby found to be a necessary prerequisite to the
proposed use of the ssubject propcrty in order to prFServe the safety and
general rrelfare of the Citi.zen~ of the City of Anahein:
1• That sidw,ralks shall be installed a2onq Lincoln Avenue as required by
the City Enqineer and in accordance with standard plans and
specifications ~n file in the Office of r.ho riry Engfaca:.
2• That the owner(s) of subject pzoperty shall pay the traffic signal
asaessment fee (Ordinance t7o. 3896), in an anount as detez~e~ined by
the Cfty Council, for cocu~ercial bufldfnqs prior to the iasuance of a
buildinq permit.
3• That a mutual inqress and eqreau aqreement with the owner of the
property to the east ~hall bc nubmitted to the Planninq Departnent
for transmittal to the City Atcorney's Office for review nnc!
aggrczai. Sdi3 ayreement ahall then be filcd and recorded in the
Office of the Oranqe Count~ Recorder.
4• That trash storage areas shall be provided in accordance with
approved plans on file with the Office of the Executive Cirector of
Public Works.
5• 1'nat subject property shall be developed substantially in accozdance
with plaas and specificetions on file with the City ot Anaheim marked
Exhibit Nos. 1 throuqh 3.
6• That Condition No. 3, abovQ-caentioned, si~~ll be c«aplied with prfor
to the commencemQnt of the activity authorized undor this reaolution,
or prior to the time that the buildinq perrait is iasued, or within a
Period o' one year froa da,o h~rec,i, ahicrovor occurs firbt, or such
Further tiae nu the Planning Coc~aisaion cnav grant.
7• Thet Condition Nos. 1, 4 and 5, abovc-nentioned, nh~ll be compllQd
vith prior t~ fir.al buildtny anu 2or~inq insspactiona.
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BE IT FURTHER RESOLV~D thaL the Anaheim Cicy Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon app].icant's compliance with each and all of the conditions
hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 9th day of
August, 1982.
~, ~.s=~i~~ `! d'~'%~~i
, CFfAIRNIAN, ANAFiEIM CITY Y~LA'NNING COMMISSION
ATTEST:
SECRETARY, AD7p.HE=M CITY PLANNING COMMISSION
STATF OF CALIFORNIA )
COWi TY OF ORANGE ) Sg,
CITY CF ANAHEIM )
I~ ^sdith L. Harris, Secretary of ~he Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a
meeting of the Anaheim City Planning Commission held on August 9, 1g82~ by the
following vote of the members there of:
AYES: COMMISSTONERS: BOURS, BUSHOItE, FRY, HERBST, KING, LA CLAIRE~
MC BURNEY
NOES: COI~LMISSIONEI2S: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, 2 have heretLnto set my hand this 9th day of August,
1982.
~~ .C ~~.~ '
SECRETARY, ANF~HEIM CITY PLANNING COMMISSION
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PC82-154
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