PC 75-104~ ~
RESOLUTIQN N0. PC75-104
A RESOLUTION OF THE CITY PLANt~ING COMMISSION OF THE CITY OF ANAHEIM ~
THAT PETITION FOR VARIANCE N0. 2699 BE GRANTED, IN PART.
IJHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from E. J. JOHNSON, Armstrong Development Company,
17182 Armstrong Avenue, Santa Ana, California 92711 (Owner)• AMERICAN BAKERIES,
7222 East Gage Avenue, Los Angeles, California 90040 (Agent) of certain real
property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1: The Northwesterly 240.00 feet of that portion of Vineyard Lot H-1, as
shown on a map of the Lands of Anaheim, recorded in book 4, pages 629 and 630,
Deeds, records of Los Angeles ~ounty, California, described as follows:
Beginning at the Southeast corner of said Lot H-1, said Southeast corner being
the intersection of the WesYerly line of East Street 66.00 feet wide, and the
Northerl~ line of South Street 24.75 feet wide, as shown on said map; thence
North 15 30' 00" West alon9 said Westerly line of East Street, 402.99 feet to
the Southeasterly corner of the land conveye~i to Kel-Ger, Inc. in Parcel 1 of
the deed recorded in book 3459, Pa5°- 432, Official Records, in the office of the
County Recorder of said Orange County: the;ic~ South 74° 22' 35" West along the
Southerly line c~f Kel-Ger, Inc., 33~•~0 `eet •~.o the Easterly line of the 20.00
foot wide strip of land conveyed to th~ city of ~!iaheim, by deed recorded in
book 2729, page 208, Official Records, in the oftice of the County Recorder of
said Orange County; thence South 15~ 3~' 31" (~~:t along said Easteroy l~ne,~
403.15 feet to said Northerly line of South Street; thence North 74 21 04
East along said Northerly line, 331•14 feet to tne poirt of beginning; and
WHEREAS, the City Planning Commission did hold a public hearin9 at the City
Hall in the City of Anaheim on May 12, 1975, 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 varience and to investigate and make
findings and recommendations in connection therewiCh; 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:
1, That the pet~tioner reques~s Yhe following waivers from the Anaheim Municipal
Code, to expand retail bakery sale. in the ML (INDUSTRIAL, LIGHT) ZONE:
(a) SECTION 18.61.020 - Permitted uses. (Retail usPS are not a permitted
primary use in the ML Zone)
(b) SECTION 18.61.066.050 - Minimum number of parkinq spaces. (l~required;
16 extsting)
2. That Waiver 1-a, above-mentioned, is hereby granted on the basis that, although
the expansion of the retail use of subject property would make it a primary cnmmercial
use in a~ industrial zone, said retail use has been in existence for a period of time
and.has not bee~ detrimental to the area.
3, That Waiver 1-b, above-mentioned, is eliminated on the basis that sufficient
area for additional parking spaces is available on the subject property; ha:ever,
revised plans showing the striping of all the parking spaces shal: be submitted prior
to City Council review of the proposal.
4. That there are exceptional or extraordinary circumstances or conditions
applicaLle to the property involved or to the intended use of the property that do r,ot
apply generally to the property or class of use in the same vicinity and zone.
5, That the requested variance, as granted, 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 is question.
RESQLUTION N0. PC75-104
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6, •That the requested variance, as gr~nted, will not be materially detrimental
to the public welfare or injurious to the property or improvements in such vicinity
and zone in which the property is located.
7, That no one indicated their presence at said public hearing in opposition,
and no correspondence was received in opposition to subject petition.
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Director of the Development Services Department has determined that
the proposed acitvity falls within the definition of Section 3.01, Class 1 of the City
of Anaheim Guidelines to the Requirements for an Environmental Impact Repo~rt and is,
therefore, categorically exempY from the requirement to file an EIR.
NOW, THEREFORE, BE IT RESOLVED tha~ the Anaheim City Planning Commission does
hereby grant, in part, subject Petition for Variance, upon the following conditions
which are hereby found to be a necessary prerequisite to the prooosed use of the
subject property in order to preserve the safety and general welfare of the Cit•izens
of the City of Anaheim:
1. That trash storage areas shall be provided in accordance with approved plans
on file with the office of the Director of Public Works.
2. That subject property shall be developed substantiaYl•y in accordance with
plans and specifications on file with the City of Anaheim marked [xhibit Nos. 1 and 2;
provided, however, that revised plans shall be submitted prior to City Council review
of the proposal, indicating the striping of the parking spaces.
3, That Condition Nos. 1 and 2, above-mentioned, shall be complied with prior to
the commencement of the activity authorized under this resolution, or p~'ior to 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 12th day of May, 1975.
CHAI MAN, ANA EI CI NNING COMMISSION
ATTEST:
~' ~ ~ ~/~~l~~cG~t/
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATc Of CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of
Anaheim, do hereby certify that the fcregoing resolution was passed and adopted at a
rtweting of the City Planning Cortmission of the City of Anaheim, held on May 12, 1975,
at 1:30 F.m., by the following vote of the members thereof:
AYES: COMMISSIONERS: FARANO, GAUER, JOHNSON, !CING, MORLE•Y, TOLAR, HERBST
NOES: COMMISSIONERS: N~NE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of May,1975.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
_2_ RESOLUTION N0. PC75-104