Resolution-PC 2001-143~
RESOLUTION NO. PC2001-143
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04458 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL A:
THAT PORTION OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE
OFFfCE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A SPIKE ON THE CENTERLINE OF LEMON STREET, NORTH
0° 23' 00" WEST 509.55 FEET FROM THE SOUTHWESTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED TO HENRY G. MEISER, RECORDED
APRIL 13, 1926 IN BOOK 636, PAGE 354 OF DEEDS, SAID SPIKE BEING THE
NORTHWESTERLY CORNER OF PARCEL 2, AS SHOWN ON A MAP FILED
- tN BOOK 44, PAG~ 4 OF ~EEORD-0F SU-k~~lEYS, lN THE OF.FtCE OF THE
COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 89° 37' 00" EAST
42.90 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL 2; THENCE
SOUTH 2° 55' 41" EAST 114.96 FEET TO A POINT EASTERLY 48.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH
4° 57' 26" EAST 125.40 FEET TO A POINT EASTERLY 58.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE SOUTH
35° 55" 16" EAST 43.01 FEET TO A POINT EASTERLY 83.00 FEET,
MEASURED AT RIGHT ANGLES FROM SAID CENTERLINE; THENCE NORTH
89° 37' 00" EAST 462.00 FEET, AT RIGHT ANGLES FROM SAID
CENTERL.INE; THENCE SOUTH 0° 23' 00" EAST 136.00 FEET PARALLEL
WITH SAID CENTERLINE; THENCE SOUTH 28° 18' 48" EAST 111.85 FEET
TO THE SOUTHERLY LINE OF SAID LAND OF MEISER; THENCE ALONG
THE SOUTHERLY AND EASTERLY LINE OF THE LAND DESCRIBED IN THE
DEED TO BETDINE PROPERTIES INCORPORATED, RECORDED AUGUST 2,
1963 IN BOOK 6659, PAGE 838 OF OFFICIAL RECORDS, SOUTH 80° 13' S9"
EAST 381.56 FEET, SOUTH 83° 20' 03" EAST 263.53 FEET; SOUTH 84° 35'
12" EAST 96.26 FEET AND NORTH 0° 24' S6" EAST 109.42 FEET TO THE
CENTER OF SAID SECTION; THENCE NORTH 0° 25' 30" WEST 922.94 FEET
ALONG THE EASTERLY LINE OF SAID LAND OF MEISER TO THE
NORTHEAST CORNER OF SAID LAND, SAID NORTHEAST CORNER BEING
SOUTH 0° 25' 30" EAST, 905.00 FEET FROM A LEAD AND TACK IN THE
PAVEMENT ON THE CENTERLINE OF ORANGETHORPE AVENUE, AND ON
A STRAIGHT LINE BETWEEN SAID LEAD AND TACK AND A 3-INCH IRON
PIPE WHICH MARKS THE SOUTHEASTERLY CORNER OF SAID LAND OF
MEISER; THENCE ALONG THE NORTHERLY LINE OF SAID LAND OF
MEISER SOUTH 89° 42' 40" WEST 962.66 FEET, SOU~H 0' 25' 30" EAST 8.00
FEET AND SOUTH 89° 42' 40" WEST 366.90 FEET TO THE
NORTHWESTERLY CORNER OF SAID LAND OF MEISER, SAID
NORTHWESTERLY CORNER BEING SOUTH 0° 23' 00" EAST 913.00 FEET
FROM A BOLT ON SAID CENTERLINE OF ORANGETHORPE AVENUE,
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WHICH MARKS THE NORTHWEST CORNER OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE SOUTH 0° 23' 00"
EAST 407.58 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND WESTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT SAID POINT NORTH 0° 23' 00" WEST 509.55 FEET FROM
SAID SOUTHWESTERLY CORNER; THENCE NORTH 0° 24' 00" EAST 65.16
FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE
NORTHERLY AND EASTERLY LINES OF THE LAND DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 22, 1957 IN BOOK
3980, PAGE 191 OF OFFICIAL RECORDS; SOUTH 89° 36' 00" EAST 50.00
FEET; THENCE SOUTH 2° 08' 42" EAST 180.18 FEET AND SOUTH 8° 28' S0"
EAST 161.94 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND OF
THE STATE.
PARCEL B:
THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF
FRACTIONAL SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, WITHIN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, CONVEYED TO HENRY G.
MEISER BY DEED RECORDED IN BOOK 636, PAGE 354, OF DEEDS, IN THE
6FFICEOF THE CQUI~TY RECORDER OF ~AtD-COtJf~t~fY, DESERfBED-RS
FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 4 OF THE
HIGHWAY RIGHT OF WAY RELINQUISHED (REL-254) TO THE CITY OF
ANAHEIM BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION,
A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED NOVEMBER
30, 1965 IN BOOK 7756, PAGE 472 OF OFFICIAL RECORDS, IN SAID
OFFICE; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID
PARCEL 4 DESCRIBED THEREIN AS NORTH 1° 36' 48" EAST, 141.69 FEET
TO THE NORTHERLY TERMINUS OF SAID COURSE SO DESCRIBED;
THENCE SOUTH 89° 36' 00" EAST, 322.00 FEET; THENCE SOUTH 40° 56' 24"
EAST, 33.03 FEET; THENCE SOUTH 7° 43' 07" WEST, 90.40 FEET; THENCE
SOUTH 58° 28' 27" WEST, 75.96 FEET TO THE SOUTHERLY LINE OF SAID
LAND OF MEISER; THENCE NORTH 86° 51' 29" WEST, 271.14 FEET TO THE
POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 24, 2001, 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 Municipal Code,
Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
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subdivision:
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That the petitioner proposes waiver of the following to establish a 7-lot commercial
Section 18.01.130 - Required lot frontaqe on a public or private street.
(street frontaqe required; none proposed for Parcel 7)
2. That the waiver, required lot frontage, is hereby approved on the basis that there are
special circumstances applicable to the property such as the large size, long depth, shape, location and
surroundings of this commercial retail center, which do not apply to other identically zoned properties in
the vicinity.
3. That due to the granting of similar waivers for lots without frontage on public or private
streets in other commercial retail centers in the city, but with access provided by nearby easements or
driveways, strict application of the Zoning Code would deprive this property of privileges enjoyed by other
properties under identical zoning classification.
4. That there are exceptional or extraordinary circumstances or 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.
5. 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.
6. That ~~ie reques~ed var~ance-wi41 no~ b~ materialGy-detrimental_to the public vvelfare or
injurious to the property or improvements in the vicinity and zone in which the property is located.
7. That three people spoke at the public hearing regarding concerns about truck traffic
circulation; that no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish a 7-lot commercial subdivision with waiver
of required lot frontage on a public or private street on an irregularly-shaped 26.3-acre property located at
the southeast corner of Durst Street and Lemon Street, with frontages of 1,280 feet on the south side of
Durst Street and 850 feet on the east side of Lemon Street, and further described as 1500 North Lemon
Street (Anaheim Gateway); and does hereby determine that the previously-certified Environmental
Impact Report No. 323 is adequate to serve as the required environmental documentation.
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 property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
That the subject property shall 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 No. 1.
2. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable 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.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 was adopted at the Planning Commission meeting of
September 24, 2001. ~
PERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: ~
~~Jt-,n.an1J~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the
#oregoing resaE~~io~ was pass€d a~d adopted at a_meeting of the Anaheim City PI_anning Commission
held on September 24, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I have hereunto set my hand this ~r~ day of
~C~ob tr , 2001.
~aw-~.av~--oC~.O
SECRETARY, ANAHEiM CITY PLANNING COMMISSION
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