PC 74-229RESOLI~N NO. ~ PC74-229
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A P.ESOLUTION OF TfiE CITY PLANNING COMMISSION OF TI1E CITY Of ANAIiGIM
THAT PETITION FOR VARiANCE N0. 2648 DE GRANTED I N PART
WHEREAS, the City Planning Commission o( the City oC Anaheim did receive a veaified Petition for ~~riance from
LAWRENCE A. MUCKEPlTHALER, 1530 Avolencia Drive, Fullerton, California 92635 (Oo-mer);
CHARLES W. YOUNG, 624 North Poinsettia Street, Santa Ana, California 92701 (Agent) of
certain real property situatea in the City of Anaheim, County of Orange, State of
California, described as The East 182.00 feet of the South 181.00 feeL of the South half
of the Southwest quarter of the Northwest quarter of Section 9, Township 4 Seuth, Range 10
West, in the Ranchu San Juan Cajon de Santa Ana, City of Anaheim, as per map recorded in
book 51 page 10 of Miscellaneous Maps, in the office of the county recorder of said county.
EXCEPT that portion thereof lying Northwesterly of the fiollowing described line: Beqinning
at a poi~t on the North line of said land North 89° 39' 15" East 25.00 feet from the
Ncrthwest corner thereof; thence South 44~ 41' 10" West 35.38 feet to a point on the West
lin~. of said land South 0° 16' S5" East 25.00 feet from the Northwest corner thereof; and
WHEREAS, the City Planning Commission did hold a publi~ hcaring at thc City llall in thc City of Anahcim on
NoVember 25, 19]~r at 2:00 o'clock p.m., notice of said puL•Jic liearing having becn duly ~iven as required by lawand
in accordance with the provisions of the Maheim Municipal Code, Chapter 18.68, to hcar and consiJer evidence for and against said
praposed variance and to investigate and makc findings and recommcndations ~.^. : onnection therewith; and
WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its bchalf, ~nd a(tcr due
consideration af all e~~idence and reports offered at said hcaring, docs find and determine the follawing facts:
1. Thatthepetitionerrequcsts the following variances from the Anaheim Municipal Code, to
establish an automobile tires, batteries and accessories sales and insta'latian facility
at an existing service station site:
a, SECTION 18.40.020 - Permitted uses in the C-1 Zone. (Installation of automobile
parts and accessories not permitted)
b, SECTION 18.40.070(2)3 - Minimum setback area landscaping. ( feet required;
none proposed)
c. SECTION 18.40.070(2)(a)6 -~Ninimum parkinq a_rea landscaping. (2% of area re-
quired; none proposed)
d, SECTION 18.87.021 - Permitted primarv uses on a service station site. (Sale
and installation of automobile parts and accessories no[ a
permitted primary use)
2. That b!aiver I-a, above-mentioned, is hereby granted for the proposed use.
3. That Waiver 1-b, above-mentioned, was withdr~wn by the petitioner on the basis that
revised plans were s~~bmitted eliminating same.
4. That Waiver I-c, above-mentioned, is hereby granted on the basis that a hardship
would be created if said waiver was not granted.
5. That Waiver 1-d, above-mentioned, has teen eliminated since the Planning Commission
has required that all of the canopies, pump lslands and gasoline tanks be removed and, in
effect, the property would no longer be identifiable as having been a service station site.
6.That there are exceptional or extraordinary r,ircumstances or conditions applicable
to the property involved or to the intended use, as granted, of the property that do not
apply generally to the property or class of use in t'he same vicinity and zone.
7. That tt~e reyuested variance, as granted, is necessary for the preservation and en-
joyment of a substantial property right possessed by other property in the same vicinity
and zone, and denied to the property in question.
_ ~ _ RESQLUTION N0. FC74-229
DEV-66•E
' 8. That the requeste~iriance, as gra~ted, will not bL~fnateriaily detrimental
to the public welfare or injurious to the propcrty or improvements in such vicanity and zone
in which the property is located.
9, That no one indicated their presence at said public hearing in opposition, and
no correspondence was received in opposition to subject petition.
ENUIRONMENTAL IMPACT REPORT FINDING:
That the Director of ~eveiopment Services has determined that the proposed activity falls
within the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the
Requirements for an Environmental Impact Report and is, therefore, categorica'.1;~ exempt
from the requirement to file an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby
grant in part 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:
l. That the owner(s) of subject property shall pay to the City of Anaheim the sum of
60~ per front foot along Loara Street and Crescent Avenue for tree planting purposes.
2. That trash storage areas shall be provided in accordance with approved plans on
file with the office of the Director of Public Works.
3. That the most easterly driveNray on Crescent Avenue and tlie most southerly driveway
o~ Loara Street be removed and replaced o-~ith standard curb and gutter and sidewatk.
4, That the existing structure shall be brought up to the minimum standards of the '
City of Anaheim, including the Uniform 8uilding, Plumbing, Electrir.al, Housing, Mechanical
and Fire Codes as adopted by the City af Anaheim.
5, That the owner(s) of subject property shall remove any existing gasoline tanks,
pumps, pump islands, and canopies adjacent to Loara Street and Crescent Avenue.
6, That subject property shall be developed .;ubstantially in accordance with plans
and specifications on file with the Lity of Anaheim marked Exhii~it No. I(Revision No. 1);
provided, however, that the existing canopy adjacent to Crescen'. Ave~ue shall be removed
and the new brick planter proposed under said canopy shall not be required.
7. That Condition Nos. 1 through 6, above-mentioned, shall be complied with prior to
the commencement of the activity euthorized under this resolution, or prior tu the time that
the building permit is issued, or within a period of one year from date hereof, whichever
occurs first, or such further time as the Planning Commission and/or City Council may grant.
THE FOREGOING RESOLUTION is signed and approved by me' this 25th da of November, 1974.
C IRMAN A~AH ITY PLANNING COMMISSION
ATTEST:
C~~,c~~c..J~1`.''r~cc~ ~
SECRETARY ANAHEIM CITY PLANNING COMMIS~ION
STATE OF LALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City P~anning Commission of the City of Anaheim,
do hereby certify that the foregoing resolution was passed and adoptec at a meeting of the
City Pianniny Commission of the City of Anaheim, held on November 25, 1974, at 2:00 o'clock
P.M., by the following vote of the members tFiereof;
AYES: COMMISSIONERS: GAUER, JONNSON, K1NG, MORLEY, TOLAR, NER9ST
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FARANO
IN WITNE55 WHEREOF, I have hereunto set my hand this 25th day of November, 1974.
"/Qil~~~~~nr~~~G~iilX~
SECRETARY ANA!1EIM CITY PLANNIN6 COMMISSION
_Z- ReSOLUTION N0. PC74-229