Resolution-ZA 2006-36• i
RESOLUTION NO. ZA2006-36
A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR ADMINISTRATIVE ADJUSTMENT
NO.2006-00300 BE GRANTED
(711 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
Administrative Adjustment for certain real property situated in the City of Anaheim, County of Orange, State
of California described as:
A STRIP OF LAND, 70.0 FEET, MORE OR LESS, IN WIDTH, AND 2680 FEET, MORE OR LESS, IN
LENGTH, BEING ALL THAT PART OF THE ANAHEIM BRANCH (NOW ABANDONED) OF THE
UNION PACIFIC RAILROAD COMPANY, SUCCESSOR IN INTEREST TO THE LOS ANGELES &
SALT LAKE RAILROAD COMPANY, SITUATE IN THE SOUTHEAST QUARTER (SE ~/a) OF
SECTION 3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE & MERIDIAN,
CITY OF ANAHEIM, ORANGE COUNTY, CALIFORNIA, THE SAID STRIP LYING BETWEEN LINES
DISTANT 0.00 FEET AND 70.0 FEET WESTERLY, WHEN MEASURED AT RIGHT ANGLES
AND/OR RADIALLY, FROM THE WESTERLY LINE OF THE RIGHT OF WAY OF THE
BURLINGTON NORTHERN SANTA FE RAILROAD, AS PRESENTLY CONSTRUCTED AND
OPERATED, THE SAID STRIP OF LAND BEING BOUNDED ON THE NORTH BY THE
NORTHERLY LINE OF THE SAID SOUTHEAST QUARTER (SE '/a) OF SECTION 3, AND
BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE PUBLIC ROADWAY COMMONLY
KNOWN AS "LA PALMA STREET", THE CENTERLINE OF WHICH STREET BEING THE
SOUTHERLY LINE OF THE SAID SECTION 3, AND THE SAID STRIP OF LAND BEING ALL OR
PART OF THOSE SAME TRACTS OF LAND HERETOFORE ACQUIRED BY THE SAID LOS
ANGELES & SALT LAKE RAILROAD COMPANY FROM THE FOLLOWING NAMED PARTIES:
GERARDUS VOSSENBERG, A SINGLE MAN, AND HENRY VENEMA (ALSO KNOWN AS HARRY
VENEMA) AND LAURA VANDERZEE VENEMA, HIS WIFE, BY VIRTUE OF THAT CERTAIN
"GRANT DEED" DATED FEBRUARY 8, 1917 RECORDED FEBRUARY 20, 1917 IN BOOK 299 AT
PAGE 395;
E.R. WERDIN AND MINNIE D. WERDIN, HUSBAND AND WIFE, BY VIRTUE OF THAT CERTAIN
"GRANT DEED" DATED JUNE 26, 1917 AND RECORDED JULY 6, 1917 IN BOOK 302 AT PAGE
241;
ALDRICH LAND COMPANY, A CORPORATION, BY VIRTUE OF THAT CERTAIN "GRANT DEED"
DATED JANUARY 18, 1924 AND RECORDED JANUARY 21, 1924 IN BOOK 513 AT PAGE 215;
ANAHEIM BEEF AND PROVISION COMPANY, A CORPORATION, BY VIRTUE OF THAT
CERTAIN "CORPORATION GRANT DEED" DATED DECEMBER 21, 1917 AND RECORDED
DECEMBER 29, 1917 IN BOOK 317 AT PAGE 24; AND
SUBJECT TO AN EASEMENT IN FAVOR OF THE BURLINGTON NORTHERN SANTA FE
RAILROAD, SUCCESSOR IN INTEREST TO THE ATCHISON, TOPEKA & SANTA FE RAILWAY
COMPANY, FOR THE PURPOSE OF PROVIDING AND MAINTAINING RAIL SERVICE TO
ADJACENT INDUSTRY, BY VIRTUE OF THAT CERTAIN "EASEMENT DEED" FROM THE SAID
UNION PACIFIC RAILROAD COMPANY, DATED DECEMBER 20, 1993, AND RECORDED MARCH
29, 1995, AS INSTRUMENT NUMBER 95- 0124338 OF OFFICIAL RECORDS AFFECTING THAT
PORTION OF THE ABOVE-DESCRIBED TRACT DESCRIBED THEREIN;
SUBJECT TO AN EASEMENT IN FAVOR OF THE CITY OF ANAHEIM, CALIFORNIA; FOR THE
PUBLIC UTILITY PURPOSE OF INSTALLATION AND MAINTENANCE OF UNDERGROUND AND
OVERHEAD ELECTRICAL AND RELATED TELECOMMUNICATION FACILITIES, BY VIRTUE OF
THAT CERTAIN "GRANT OF NON-EXCLUSIVE EASEMENT' FROM THE SAID UNION PACIFIC
RAILROAD COMPANY DATED SEPTEMBER 20, 1994, RECORDED JULY 18, 1995, AS
ADJ No. 2006-00300.doc -1- ZA2006-36
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INSTRUMENT NUMBER 95-0304242 OF OFFICIAL RECORDS, AFFECTING THAT PORTION OF
THE ABOVE-DESCRIBED TRACT DESCRIBED THEREIN;
SUBJECT TO A RIGHT OF WAY AND EASEMENT FOR AGRADE-SEPARATED, PUBLIC
FREEWAY COMMONLY KNOWN AS THE "RIVERSIDE FREEWAY (STATE ROUTE 91)", IN
FAVOR OF THE STATE OF CALIFORNIA, BY VIRTUE OF THAT CERTAIN "DEED OF
EASEMENT" FROM THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY AND UNION
PACIFIC RAILROAD COMPANY TO THE STATE OF CALIFORNIA, BEARING A DATE OF JUNE
11, 1957, THE SAID INSTRUMENT HAVING BEEN FILED FOR RECORD ON DECEMBER 4, 1957
AND RECORDED IN BOOK 4124, PAGE 257, AS INSTRUMENT NUMBER 156668 OF OFFICIAL
RECORDS, AFFECTING THAT PORTION OF THE ABOVE-DESCRIBED TRACT DESCRIBED
THEREIN.
SUBJECT FURTHER, TO A PERPETUAL, NON-EXCLUSIVE EASEMENT FOR ROADWAY, IN
FAVOR OF UNION PACIFIC RAILROAD COMPANY, ITS SUCCESSORS AND ASSIGNS, BY
MEANS OF THE MOST TRAVELED PATH, FOR THE PURPOSE OF REASONABLE AND
NECESSARY ACCESS, VEHICULAR AND PEDESTRIAN, TO AND FROM UNION PACIFIC
RAILROAD COMPANY PROPERTY SITUATE NORTHERLY OF THE RIVERSIDE FREEWAY
(STATE ROUTE 91) AND A PUBLIC ROADWAY KNOWN AS "COMMERCIAL WAY", IN
ACCORDANCE, HOWEVER, WITH APPLICABLE ORDINANCES AND REGULATIONS AS
IMPOSED BY ALL GOVERNING AUTHORITIES.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on December 21, 2006 at 9:30 a.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
18.62.040.030 to hear and consider evidence for and against said proposed administrative adjustment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Zoning Administrator, 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:
1. That the petitioner proposes waiver of the following to permit and retain an existing 9.5 foot
high block wall for an existing self storage facility:
SECTION NO. 18.46.110.020 Maximum wall height. `8 feet permitted; 9
feet 6 inches high proposed)
2. That the above-referenced administrative adjustment has been duly noticed and no written
objections have been received.
3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim
Municipal Code, that the request is hereby granted in accordance with Subsection 18.62.040.010 of the
Anaheim Municipal Code which permits waiver of maximum wall height in connection with administrative
adjustments.
4. That no written opposition was received during the required 10-day notification period which
ended on December 20, 2006.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does
hereby grant subject Petition for Administrative Adjustment, 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:
1. 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 Nos. 1 and 2, as conditioned herein.
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2. That 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 complete said conditions may be granted in accordance with Code Section No. 18.60.170
of the Anaheim Municipal Code.
3. 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.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant'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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of
December 21, 2006. This decision shall become final unless an appeal to the City Council, in writing,
accompanied by an appeal fee, is filed with the City Clerk within fifteen (15) days from the date of the signing
of this decision or unless members of the City Council shall request to review this decision within twelve (12)
days from the date of signing. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedure and may be replaced by a City
Council Resolution in the event of an appeal.
TE ANAHEIM ZONING ADMINISTRATOR
ATT T:
S NIOR SE Y, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on
December 21, 2006.
IN WITNESS WHEREOF, I have hereunt set my hand this ~ (~ day of
200`
SR. E BETA NAHEIM ZONING ADMINISTRATOR
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Requested By: COMMERCIAL FAMILY LIMITED PARTNERSHIP
Subject Property
Date: December 21, 2006
Scale: 1" = 200'
Q.S. No. 81
711 East La Palma Avenue -Self & RV Storage 1o1s5