PC 74-73~ "_ ~ •. . ~
R~SOLUTION NO. PC74-73
A RESOLUTION OF THE CITY PLANNING COM25900N Or THE CITY OF ANAHETM
THAT PETITION FOR VARIANCE NO. BE GRANTED
WHEREAS, the City Planning Commission of the City of Anaheim did receive e verified Petition for Veriance
from EXXON CORPORATION, Attn: Marketing Department, 1800 Avenue of the Stars, Los Angeles,
C~lifornia 90067, Owner; R. RO$ERT DE ALMEIDA, 18096 Gillman Street, Irvine, California
926ti4, Agent, of certain real property situated in the City of Anaheim, County of Orange,
State of California, as described in Exhibit "A" attached hereto and referred to herein
as though set £orth in fu11
; and
WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim
on April 15, 1974, at 2:00 o'clock P.M., notice of seid public heering hnving been duly given as required
by la~v and in accordence with the provisions of the Anaheim Municipal Code, ChapEec 18.68,to heac and considec evi-
dence for and ageinst said proposed variance end to investigate and make findings end recrommendetions in connection
therewith; and
WHEREAS, said Commission, aEter due inspection, investigation, and study made by itself nnd in its behalf,
and ef;er due consideretion oE all evidence and reports offeced et seid hearing, does find end determine the following
facts:
1. That the petitioner cequests a vaciance from the Anaheim Municipal Code: to establish a retail food
markeC:
(a) SECTION 18.24.010 - Parmitted uses (Retail market proposed; retail market not ,
permitted.
2. That there are exceptional or extcaordinary circumstances or conditions epplicable to the property involved
or to the intended use of the property that do not apply generally to the propecty or cless of use in the seme vicinity and
zone.
3. That the cequested variance is necessary for the preservation and enjoyment of a substantial property right
possessed by other property in the same vicinity and zone, end denied to the propexty in question.
4. That the requested variance will not be materielly detrimental to the public welfare or injurious to the prop-
erty or improvements in such vicinity snd zone in .whicfi the property is located. ,
5. That the petitioner stipulated that the hours of operation wou14 5e from 7~00 a.m.
to midnight; and that ahould an extension of Chose hours become necessary, he would submit
a wriCten request for sawe to the Planning Coc~~ission for consideration,
6. That =t was determined that approvai of the sub~ect'variance should be made sub-
ject to the petitioner submitting a written request for termination of Cunditional Use
Permit No. 234.
ENVIRONMENTAL It~PACT REPORT EINDING: •. ~
That the Planning,Co~nission recommends to.the City Council that the subject proje~t be exempC. I
from the requirement to prepare an Environmental Impact Report pursuant to the provisions of
the California Environmental Quality P.ct.
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4"•TE IJt.iD F.E:~°?"D TO I~iL:ri IS SIiAL'~=:D Ii? TI~ STf~.mx, OF CAI,IFO&7IA~
COU;~47 OF 0?,lu:G; , RI~D Iu D35CPTEED AS FOLLO;lS: •
Prscel l:
Thct portion oP Int 45 of ~LnaYxein °..xtension, in the Citg of P.~o.hein, coi:nty of
Orr.ngc, State oF C:1i*ornie, es shoun on a'.•sp sade b~ F~fi~. I~~~el tind filed in the oSSice
of the Couaty Recorder of Los Arbeles County, CeliYornia, desc:ibed as follo~rs:
•Begiu~ing ~~ the intersectioa oY the Iiortherly line of I;orth Street, 66 Seet wid.~, zrith
' the ~'esterly lia: oP ~^~.t St:eet, 65 Peet ~ride; end *_~ni,s theace South 7k°50'20"
T•7e~~ clonp seid i~a:~heriy lia~ o~ ^orEh Street, 85 ~eet;'thence ~;orth 15°05'25" Nest
162.3k ~eet to the center oY La Pr1=a Aveane; thence ~asterly alor.~ said cent,er liae,
88.04 Peet to inc :iortu~:ly e:.~ension o: t~e F7esterl;f liae oP said E~st Stree•,`.;
thence Snath 15'C5'25" i:~s~ r1oa~ seifl er_tension ~.nd the F7este=ly.Yine of iast ~
Stxeet, 139.31 feet to.i:he~poiat of beginning. " : ,•
EX~ the Iicrth~r]~ 30 Peet a.s aeasured aloag the Iiarth line oY said lot.
Seid lr.nd is eho~r.~ on a Ziceased Surreyor's 2•!ap recorded in Sooc 17, Pege k7 F.ecor3
oP Surve~s~~i:. tne oPYice oY the Coun~y Recorder oY said Or~ge County.
PErcel 2
All thet portion oP I~ot 2~5 of 4ne~eia Estension, in the City oP Anaheia, Coaaty
oY Orange, S~nte of CaliYo~is, more pa±~iculsrly zescribed as Tollo.s:
, Deginning nt c point in the Southe^sterly bow~drr,~ line oP ssid Lot 45, said point
being distsnt clon3 aeid boun@er;t lir.e South 7!+°50'20" Nest, 1E0.00 feet fro~ the
Southeasterly corner o: ~aid Lot 4j, scid Southeasterly corner being the in~ersectioa
of the 2Torthcrly- line of F.n.~t ;.orta St:e~t, 66.00 feet•in uidth, ~rith the Fiester]y
line of .~oz~th Le.:t Street, 6b.00 ~eet in :ridth, thence £ro~ saic2 poiat of beginning
End enteri~ said ?,ot ~t5, ~ oi ~h 15°OS'25" S•lest, 182.65 feet, ~ore or lecs, to u
point in the 2io-tuerly line of ssid Lot 1i5, ~aid 2dox-therly line beina the nro~osed
center line oP :~st I,s PaL-,a F~renue, a±1:ture strect; thence ~~nb said noz-ther~y
line oP seid Lot 1c5, L=St 77.68 ~'eet; tuence South 15°05'25" E~st, 162.34 ~cet to
a poa.nt in t:ic Soutueaszc:•l;r lic~ oi said Lot ~5 cnd the I;ort}:er_Lr line of
East Iiorth Stree~; theace eloag said Southeasterly line cf s~ia r,ot k9, South
j1+°>0' 20" T?est, ~£eet to the point oP b~ginning.
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EY.CF'~.c P~FRO:d the 2torth 30 teet. . ,
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St~id land is sho~rn on a Liccnsed Surveyor's 2•'•sp recorded in Boob 17, Pcvye ~~7 of
Fecord oS Surveys, in th~ o:fice oY the County fiecorder o~ 3aid Orr~~e County.
AS:~is
Enclo~ure: Plets
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plenning Commission does hereby grant subject
Petition for Vnriance, upon the followir,g conditions which ere heceby found to be a necessary precequisite to the pro-
posed use of the subject pcoperty in ocder to pceserve the safety and genewl welfere of the Citizens of the City of
Anaheim:
1. That approval of this L~ariance is granted subject to petitioner submitting a
written request for termination of Conditional Use Permit No. 234.
2. That the owner of subject property shall pay to the City of Anah~eim the 3um
of 60C per front foot along East Street and La Palma Avenue for kree planting purposes.
3. That trash storage areas shall be provided in accordance with approved p'lans
on file with the office of the Director of Public Works.
4. That subject property shall be served by underground utilities,
5. That existing driveway approaches being abandoned shall be removed and new
curb, gutter and sidewalks shall be constructed to match existing curb, gutter and
sidewalks.
6. That alI air-conditioning facilities shall be properly shielded from view, and
the sound buffered from adjacent properties.
7. That a 6-foot masonry wall shall be constructed along the west property line.
8. That Condition No. 1, above-mentioned, shall be complied with prior to the
commencement of the activity authorized under this resolution, or prior to the time that
the building permit is issued, or within a period of one year fram date liereof, whichever
occurs first, or such further time as the Planning Commission may grant.
9. That subject property shall be developed substantially in accordance with plans
and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, and 3.
10. That Condition Nos. 2, 3, 4, 5, 6, and 7, above-mentioned, shall be complied
with prior to final building and zoning inspections.
11. That the hours of operatiun for the proposed retail food markeC shall be from
7:00 a.m. to midnight; provided, however, that upon written request from the petitioner,
the Planning Commission and City Council may grant an extension of said hours of operatioa,
as stipuleted to by the petitioner.
THE FOREGOING RESOLUTION ia sigrted and approved by me this 15th day of April, 1974.
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CHAIRMAN ANAHEIM CITY PLANNING COMMISSION~
ATTEST:
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SECRETARY ANAHEIM C1TY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) 88•
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning C~mmission of the City oE Aneheim, do hereby certify that
the foregoing resolution was passed end adopted et a meeting of the Ciry Planning Commission of the City of Anaheim,
held on April 15, 1974, et 2:OU o'clock P.M., by the fol!owing vote of the members thereof:
AYES: COMMISSSONERS: COMPTON, HERBST, JOHNSON, KING, GAUER
NOES: COMMISSIONERS: FARANO, MORLEY
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I heve hereunto set my hand this 15th day of April, 1974.
~~i,•..~~~ ~~ D~~
SECRETARY ANAHEIM CITY PLANNING COMMISSION
V2-G -2- RESOLUTION N0. PC74-73