PC 73-127. _ ~ ~
RESOLUTION NO. PC73-127
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOR VARIANCE N0. 2510 BE GRANTED IN PART
WHEREAS, the City Planning Commis,ion of the City of Anaheim did receive n verified Petition for Varience
from ROYAL CUACH OF ANAHEIM, INCORPORATED, 490 La Fayotte Road, Hampton, New Hampshire 03842,
Owner; AD ART, INCORPORATED, 1715 64th Street, Emoryville, CaliYornis 94608, Agent of certain
real property situated in the City of Anaheim, County of Crange, State of California, as
described in Exhibit "A" attached hereto and referred to herein as though set forth in full
; end
~VHEREAS, tha City Plenning Commission did hold a public heering at the Cily Hall in the City of Aneheim
on June 11, 1973 at 2:90 o'clack P.M., notice of •aeid public heacing heving been duly given es required
by !aw and in eccordance wi;h the pravisions of the Aneheim Municipal Code, Chepter 18.68,to heer and consider
evidence for end against said proposed veriance ond to investigete snd make findings end recommendetions in connec-
tion therewith; and
~4'HEREAS, said Commissinn, efter due inspection, investigation, end study made by itselE and in its behelf,
and after due consideration of all evidence and reports ofEered et said hearing, does find and determine the following
facts: ~
:. That the petitioner :enuests a variance frotn the Aneheim Municipal Code es follows:
SECTION 18.62.090(B-2) - Maximum height of a free-standing sign within 3U0 feet
of a residenti.al structure (Z5 Yeet permitted; 58 feet
praposed).
2. That Waiver uf the height limitation is granted in part permitting a sign a maximum
of 43 feet in height, on tlie basis that a similar request for hoight waiver of 18 feet
was granted for the motel to the south, thus granting the same right to the peti-
tioner.
3. That there are exceptionol or extraardinary circumstances or conditions apQliceble to the propecty involved
or to the intended use of the property that do not epply generally to the property or class of use in the same vicinity
and zone.
4. That the requested verience is necessery for the preservaiion end enjoyment of a substential property right
possessed by other propecty in the seme vicinity and zone, and denied to the property in question.
5, That the requested variance wil! not be metecially detrimental to the public welfatv or injurious to the pmp-
erty or improvements in such vicinity and zone in which the property is loceted.
ENVIRONMENTAL IMPACT fiEPORT FINDING:
That the Planning Commission, in connection with an Exemption Declaration Status request,
finds and determines that the ~,roposal would have no significant environmental impact, and
tharefore, recommends to the City Counci'1 that no Environmental Impaot Statement is necessery.
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LIMIT[D PARTPJEP.SHIP, AS LESSEE, SAID 1•tEt40RANDUM 1•fA5 RECORDED
MA'f 14; 1964 I~~ BO()K 7044 PAC;E 626, OFF[CIAL RECORDS.
AM ASSIGNctiT OF 1/2 OF THE LESSORS IH7EP.EST IN A~~d TO THE ~
A80VE t•tEt•!'fIOtlED LEASE WAS ASSIGPIED TO SECURITY PACIFIC NATIO~IAL
BANK~ FQRFiFRLY SECURITY FIRST NATIOPlAL BAP:Y.~ AS TRUSTEE, BY
AN ASSIGN~4ENT RECORDED MAY 14~ 1965 IN [300K 7520 PAGE 788 OF
OFFICIAL RECORDS. ' •
THE INTEP.EST OF THE LESSEF HAS SINC[ PASSED TO IRldI"J BARON~ ~ ,
JOHN A. CERVIEP,I JR,., RICHARD 5. ELLI•lOOD, CARROLL J. FORCE,
LATHROP S. HASKINS AtdD 1•lALTER F. LEItIHARDT AS TRUSTEES OF PP.OPERTY
CbP1 ~AL Tf:UST~ A E3USIt~E55 TRUST~ [lY AN ASSIGN~4EP;T RECOP,DED
SEPTE~4~ER 11; 1910, IP~ E300F; 940D PAGE 279~ OFFIGTAL RECORDS~ Ar~D •
BY OTH[R ASSIGPlF1E~~T5 OF RECORD. ,°
AN INSTRUI4E~JT PURPORTS TO t40DIFY THE 1'ERt4S OF THE AE30VE MEMTIONED
LEASE AS THEREIN PROVIDED~ EXECUTED BY 1•lILt1A L. ~4ILLER~ SECURITY
PACIFiC tlATIOtdAL DANt:~ AS TRUSTEE OF ITS TRUS7' PlO. 5-00170/171,
AND NOT IPIDIVIDUALLY~ AND ROYAL COACN OF ANAHEIt1~ INC., RECORDED
DECFt4[3ER 18~ 1969 IN [3QOY. 9167 PRGe 875~ OFFICIAL RECORDS.
AN INSTRUhiENT MODIFYING THE TFRMS OF•THE ABOVE f4ENTTONED LEASE~ ~•
AS THF.REIN PROVTDED, 1•IAS EX~CUTED BY IJILMA l. t4ILLER~ AS SET-
FORTH IN TFIE Af30VE MEP~TIOtJED ASSIGNt1EPJT OF LEASE RECORDED SEPTEt4BER •,
.11, 1970. __ ._~...-- .
:,~TITLE TO SAID ESTATE flR INTEREST AT THE DATE HEP.EOF IS VES7ED ItJ: •
'~ROYAL COACH GF A~~AHEI14~ IMC.~ A TEXAS CORPORATIOP~~ AS TG PARCEL 1~
, 2 AND 3 AWD IRl•lIN BARON, JOHt! A. CERVIERI, JR.~ RICHARD 5. ELLI•lOOD,
~~ CARROLL J. FORGE~ LATHROP S. HASKIPIS, AtID l•lAL7ER F. LEINHAP.DT~
~AS TRU57EES OF PROPERTY CAPITAL TRUST, A EUSItJE55 TRUST •
•CREATEO PURSUAP~T 70 THE LAWS QF,THE COh1t•tON~lEALTH OF t•tASSACHUSETTS~ AS TO
PARCELS k A~1D 5. •
~AT THE DATE HEREQF EXCEPTIOtlS TO COVEP,AGF I`! ADDTTION TO TI1E
~ PRINTED EXCEPTIO"75 AP~D EXCLUSIONS C0~4TAI~IED IN SAID POtICY FORM
.WOULD BE AS FOLLOIJS:
1. GE~lERAL AtJD SPECIAL TA7'tE5 FOR THE FISCAL YEAR 1972-1973 •
, A 'EN t~10T YET PAYA[iLE. •
'' ~~ JAN 1973 ~~., . ~;: ~~, ~ ',~ . .
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~ PARCEL 1 . ' • •
- That' portion of the land of Dreyfus and ~thers~ in the ~ity.of Anaheim~ as shovm on the map
; of Anaheim Extension~ surveyed by william Hamel~ a copy of which is ahown in Book 3~ Page 162
~ et seq.~ entitled Loa Angelea County Mapa~ described as followa:~ •
Commencing at a point 33.00 feet northerly and 33•00 feet easterly of !he centerline inter-
• section of Ve~mont Avenue~ 66.00 feet wide~ and West Street~ ~.00 feet wide~ .• ~~.•. ~• .
,',.. .. ~' ; said centerline intersection being the northwest corner of Lot 29 of said
Anaheim Extenaion~ thence North 15° ~t2~ 40° West 315•~ feet along the said Easterly line of
West Street~ to the TRUE POINT OF bEGINNING: t~~ence conti~uing North 15° ~+2~ ~" West 563.~+5
feet to the southwest corner of the land conveyed to the StatQ of ~alifarnia in a deed recorde~+
October 1?, 1955~ in 6ook 32~+3~ page 1~+~ ~fficial Recurda of Orange County~ ~alifornia~ thence
-: North ~W 17' ~" ~3{ 102.50 'Feet along the southerly line of said deed to the State of
~ ~alifornia, to the southwesterly line of the land conveyed to the State of ~alifornia in a
= deed recorded.May 19~ 19~~ in book 2015~ page 49~ of Official Records of ~range County~
California; thence South 1t0~ ~+9' 41" East 1F2~+.62 feet along the said southwesterly line to
. a poi~t on the northwesterly bounoary line of the parcel of land described as the exception
in Parcel 1 of sleed to F. A. Yungbluth a~d othera~ recorded May 1~ i936, i~ book 821~ page
~5~ Official Records of Orange County~,~alifornia~ thence North 160~~1~1" West 109•?0 feet
along the said northwesierly boundary to~the southwesterly line of Manchester Avenue~ 100.00
feet wide~ as described 'an Parcel 2 of Final Order of Condemnation in ths Superior C~urt ~ase
No. 3~172, a certified copy of which Final Order is recorded in book ~+7e PaBe 478~ of
Official recorda ~of ~range County~ ~alifornia~ thence °iouth ~t0°49'~+1'~ East 318.81 feet
' along'the said southwesterly-line to a point o£ intersect with a line that passes through
and.bears North ~~+°17'~" East from the TRUE POIN7 OF BEGINNING; thence South 7~+~1~~20"
west 11-16.42 feet to the TRUE POINT OF BEGINNING. ~
~ PARCEL ?~
•~ Commencin~ at Point °A" hereinbefore de~cribed in described in Parcel 1~ the~ce North
~ 1K'42T40" west 40.00 feet along the Easterly line of said ~'lest Street to the TRUE POINT
' • o~" Ylest 93•~ feet to an angle point in the
"'I OF BEGINNING~ thence continuing North 15 ~+2 ~+0
j Southwesterly line of land conveyed to the State of ~ali f o rn ia i n a deed recorded
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April gy ~5~2 in book ~I~S~ pagr.~$O~ Official Records ot~Orange County~ ~aliforniag thence
North 61°yl~~" Eest 37•~ feet along ths Southerlylineof.said deed to the State of
~alifornia~ 4o the southweaterly .~ine of tha land conveyed to the State of California in
"a deed recorded May i9~ 1950~ in book 2015~ page ~~ of Official Records of Orange ~ounty~
' ~~aa~scrni~:~ thence South 4~J°49'41" East 112.02 feet along the said southweaterly line to
I~ac ~:ngle poir~t ;n ~ne northerly,, Yir~e of the land conveyed ta the State of California in a
d~ed :i•eca~c~ed ,~~.obo~~ i3~ :,':~~K~ in b~ok 32~+~~ page liF~ Off icial Records oP Orange County~
thRnCe ~outh 74~1'J'~"''?+est Q~.$4• S2et along the northerly line of last mentioned deed to
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tN.~•T1iUE P,~,INT OF 6EGIN;~i?!G. . . ' ,
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NOW, TH~I2EFORE, BE i'~ RESOLVED thsY the Aneheim Clty Planning CommissIon does hereby gran~ subject
P~tition Eor Vr,rience, ni,.^.n the fallowing conditions which e!e hereby found to be a nececsery prerequisite to the pro-
posed :e:.e af the subject prapedy ln order t~ preserve the sefety and generai welface oEthe Citizens of the City oE
Aneaeim:
(1) That suhject~;~roper#-:y shall be davelogsd substantielly in acaordance with glans
and speci~'? c~.tions on f~1 ~' wi u~e thv ~ity of Anaheim marked Exhibit No. 1, provided ho:~ever,
that +.he ~~gn ci~.~17. tie a ita.:•'_n~lm of 43 :ee1, in hoight.
THE FOREGOING RESOLUTION is signed cad epproved by me thie
ATTEST:
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SECRETARY ANAHEiM CITY PLANNING COMMISSION
, 1973.
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) eS•
CITY OF ANAHEIM ) '
I, Ann Yselis, Secreten of the City Plenning Commission of the City ot Annheim, do hereby certify that
the foregoing resolution was pessed endet 2:00 o'clock P M,~ by th~e followingevote oE the members there fity o( Aneheim,
held on June 11, 1973
AYES: COMMISSIONERS: GAiJ~R, HERBST, KAYWOJD, ROVJLAND, SEYMOUR.
NOES: COMMISSIONERS: ALLRPD.
A&3ENT: ~'OMMISSIONERS: FARANO.
7N WITNES'f WKEREOF, I heve hereanto set my hend this 21st day of Jur~e , 1973.
Ri~SOLUTION NO. PC73-127
li?y~/~,~
SECRGTARY ANAHEIM CITY PLANNING COMMISSION
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