PC 75-11- ~ ---.-
RE~ION NQ. P~%5-~I
A RESOLUTION OF THE CI7'Y PLAUNING COMMISSION OF THE CiTY OF ANAHEIAf
THAT PETITION FOR VARIANCE N0.2662 BE GRANTEO IN PART
WHEREAS, thc City Planning Commissioii of the City of A~iaheim did receive a verified Petition for Variance from
LOWEN CASEY AND FRED R. BECKHAM, 1408 eeverly Drive, Anaheim, California 92801 (Owners);
CARL S. WELSH, 272 South "I" Street, San Bernardina, Lalifornia 924~0 (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 thougn set forth in full;
and
WHEREAS, the City Planning Commissfon dld hold a public hearing at thc City Hall in thc City of Anuheim on
Janua ry 6, 1975, at 2:00 o'clock p.m., notice of said pubiic hearing having boen duly given as requircd by law and
in accordance with the provisions of the Mnheim Munlcipal Code, Chapter ]6,03, to hear and consider evidence for and against said
proposedwriance and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, aftcr due inspection, investigation, and study made by itsclf and in its behal(, and aftcr Juc
consideration of all evidence end reports offercd at said hearing, docs find and dctcrminc the Collowing facts:
1. ThatthepetiNonerrequests the fol lowing variances from the Anaheim Municipal Code, to
construct three (3) free-standing signs:
a. SECTION 18.05.093.~231 - Minimum distance between siqns. ( 00 feei requ!red;
184 feet and 116 feet proposedj
b. SECTION 18.05.093.0241 - Maximum siqn heiqht within 300 feet of a residential
structure, (2 feet permitted; ~6 feet proposed)
c, SECTION 18,34.067.030 - Maximum siqn area in the PD-C Zone. (20 square feet
permitted; 147 square feet proposed)
2, That Waiver 1-a, above-mentiored, is hereby granted for waiving the minimum
distance between two (2) free-standing signs to be located on the CH zoned portion of
subJect property.
3, That Waiver 1-b, above-mentioned, is hereby denied on the basis that said ~iaiver
would create an undesirable precedent for future similar requests.
4. That Waiver 1-c, above-mentioned, is hereby denied on the basis that the use o`•
the PD-C zoned portion of subJect property is restricted to the open atr temporary parking
of new cars and for transient automob(les only.
5. That there are exceptional or extraordinary ctrcumstances or conditlons applicable
to the property involved or *.o the intended use, a5 grantad, of the property that do not
apply generally to the property or class of use in the same vicinir.y and zone.
6. That the varlance, as granted, is necessary for the preservation and enjoyment of
a substantial property right possessed by other property in the same vicinity and zone,
a nd denied to the property in question.
7, That the variance, as granted, will not be materially detrimental to the public
welfare or injurious to the property or improvements tn such vicfnity and zone in which
the properzy is located, '
8. That one person appeared at said public hearing in opposition and one letcer was
recelved in opposition to sub]ect petition.
ENVIRONMENTAL IMPACT RF.PORT FINDING: '
That the Director of Uevelopment Services has determi~ed that the proposed act~vity fails
within the definition of Section 3.01, Class 11 of the City of Anaheim Guideliries to the
Requirements for an Environmental Impact Report and is, therefore, categorically e~cempt from
the requirement to file an EIR. RESOLUTION N0. PC75-11
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DEV-66•E
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~g 'SUBLEASI~ '
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5 THIS SUBLE?~SE, executecl in duplicate at P.naheim,
~ ~~ ~~ei, 6 C,aliioznia this day of • , 1974, by and bett•~een
.,~ . . ,
~/ ' 7 RSX C. ELLSt•]ORTH and EDt1ARD SELTZER (hereinaf.ter called "Lessor"
•iY~~ Je~CF: ~~R?ITE?::C.~';,~SS:'.+.:~+.'1:i2:i:;. ~:: 5~.1?~~ikCr v~;.~-'~t'•%^=•'~',n '
L...~~. .~ 8 and ~~u~.w, oE Newport B^_ach, CaliEornia Ulereina£ter called
. 9 "Lessee") r .~ • ~ ' . .. ' . ' ~ . •
~ ~ . • '< •' , ~ . . ' :
. 10 • ' ..
11' ~ . . •T~ITNES SETH : „ .. ,' .
• 12 ~ •.saxs~as, Lessor is the~Lessee o£ the premises hereinaft~
' 1u 'ciescribed. under Lease dated July 28~, 1972 by 'arid betrieen FRED R_ ;
i! BECKF(t~t4 and YVODI.7E INEZ BECKi?Fu~1, husband and Wife, and LOFiEtI V.
15 C1~SEY and' LOUISE E. CnSEY, husband and.wife, oa•ner's, of- sai3
•1G propertl~ and Lessor of the Lease dated Julv'28, 1972; and ..
' 17 ' t•higRBAS, it,is the desir.e of'tlie parties hereY.o to
1£i execute a sublease commencing June 1, 1974, on the terms and
7•9 'bonditions hereinafter prescribed;, , '
?.0 ' NOFI, Tt1EREFORE, in consicleration of the paym2nt of the
21 tent hereinaiter speciEied to be,paid by Lessee, and the'perform-
22 ance of cach and all of the covenants and agreements conL•ained
23 herein, Lessor hereby subleases to I;essee the premises locaL•ed at'
2a •801 South Anaheim IIoulevard, Iilianeim, Caliiornia, more particu-
25 larly described as fol].oors: _~
. 26 ~ ppRCEI,l: That portion of "Dreyfus and.others" land ii
z7 thc City of Anaheim, County of Oran~7e, State aE California,;
. 2a as shoion on map oi surccy by t~illiam Hamcl filed for rccord .
, 2~ ~ in Los T.ngeles County, a copy of ~•7hicii is sliuwn en Pa~es
•'~0 1G3 et seq., in itool: ] enti.tlcd "I,o. nngel.es Caur.ty t•taps'•',
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~+~ ~~?'~•~ rccords of said Or:ing•= County, dc:;ci-ihe~1 n~ Po.lloo~~:
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~~'''~' Ifr_c inninc at u stcii:c in tlic intcr:•r.cF.ion oi 7~0~ Anc~r.lc.^.
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1 Street and South Street, said stakc being 12.50 feet south-
~ 2 easterly of the center line of South Street and 2?.50•feet
~ 3 southo-resterly from the center line of Los Angeles 5treet;
n • thence southeasterly 260.50 feet parallel ~vith the center
5 line of said Los Angeles Street; thence ~outhoresterly
6' 310.86 Leet, parallel with the center line of said South
`1 Street; thence nortnwesterly 280.50 feet parallel r~ith
$ the said center line ef Los Angeles Street; thence north-
9• eastierly 310.BG feet parallel with the said center line .
. 10 '.• of Sauth Stireet to the point of beginning_ :
• 1T ~ EXCEPT that porL•ion thercof lying westerly of. a line
12 •. parallel with and easterly 68,00 £eet from the easterly
13 line of that~'alley 10 feet .in ~ridth along the easterly
~6 line of Tzact ho.~ll, as per map recorded i.n Hook 9 Page 11
. 15 of t4iscellaneous t•iaps, in the office of the County Recorder
' , 16 of said county. , .
17 AL50 EXCE?T the interest in the ~•resterly 9 feet of the
18 easterly 9,25 feet of said land,~as granted for.the taiden-
~ 19 ing of I.os Angeles Street, to,the City of Anahein, by deed
20 • recorded August S, 1905 in Book 147 Page 317 of Deeds.
, 2~ ALSO £XCEPT the interest in tha~ portion ot said 7.and w2iich
22 oras granted for the ~•tidening of South Street to the City
, 23 of Anaheim by deed recoxded December 9,~7.9'2,~in IIook 22G
•~ 2~ ~ Page~ 110 of Deeds.
Z~ Said land is includec? orithin the area shown on tae map of
.~ ~6 Tract No. 1194 recor.ded in Book 38 Fages '1 and 2 of Dfi~cella
a7 eous 14aps oE said Orfiiiqe County. ~
2a PnRCEL 2: '1"nat portion oP "Drcyfus. c.nd othcr~" land in tF~e
29 City of flnaheim, County oE Orangc, Stntc oE California, ar.
. ~~ . sho~•rn on a nai~ oE survcy by l•lilliam ttamcl Eildd for r.ecord .
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3~~ '~~~ n 7.on Angcles County, ~ co~y oL ~rhich i~ ~hrnan on Fagc, ~
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~~;~ \.;9 . 7y~ 3 cl• cen., in E~ool: 3, r.nLitlcA "LO~ 1lnqcle~ CounL•y tt~os",
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1 records of said Or~nce,COUnty, described as follo~vs:
2 Deginninq at the intersection of tl:c southerly linc oE
3 We~t South Street as ~escrib°d in a dced ta tne City of
! Anaheim, recorded December 9, 1912 in Book 224, Paye 110 of ~
5 Deecls orith a line parallel ~vith and easterly G8.00 feet
6 Erom the easterly line of• the 10.00 foot alley shocun on a
~ ~ map of Tract No. 11, recorfied in Bouk 9 Page 11 oi.Miscel- ;
4
$ lancous tdaps, records oE Orange County, CaliEornia; thence ~
, 4 . I
souhherly along ssid parallel line to the southerly line ~
10 ' oE land des~ribed in the deed to t7arceleno Soto, recorded
,~ l~ t.ovember 29, 1887 in Book 349 Page IIS of Deeds, Records of
• 12 . Los'nngeles County,~California; thence westerl'y to ilze
13 soutlic•~esterly corner of ~aid land of Soto; thence northerly
'~-4 along the westerly line of said~land~of Soto to the souther-
~-5 ly lsne of said tVest South Street; thencc easterly to the
~6 . point of beginning. . ,
x7 ~fiNa LoT ,~o. _2.. d~ -TtZ~}cr N~a. II9~/. ~ . ~
IN M.!'~j, B~„ '~Q, 'I~6s. I~s~+o! 2.
18 N ADDITIOA i}IERL•'7 , • 7'S""7~GT~~D ETIV~EIJ TIT~ YARTIES AF.R~TO
19 AS FOLLOWS: .. , ,
2•0 ' 1. TEItt•t AND RENT: The rent shall be £or a,period of
21 tihree (3) years and two (2) nc~ths, comm~ncing on June l, 1974
22 and ending July 31, 1977, at a total rental or sum~of One Hundred
23 Seventy-Seven Thousand, Three Hundred ancl Thirty-Three Dollars
Z4 and Eight Cents ($177,333.08), ~•~hich sum shall be paid in install•
25 ments as follo~as:
2G (R) Pour Thottsind Six Hundred Sir,ty-Six aad
a~ GG/1R0 ($4,66G.66) thr_reof on or ~efor.e 7une 1, 1974;
, ?~ (II) Pour Thoucand Six Hundred Sixty-Six anQ CG/100
29 ($~,G66.G6) thcreof, on tt~e Fir.t day oE each and every mon~h
~0, tlicr.eaEter until ~saz~l tot~il sµm oE Onc 1(anAsed Seventy-Sevr.n
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.~1 '' pund[e<1 and PhirL Thrcc nollar: ancl Ei ht Cents
~ A 'Pi usand, 'Chrac Y- y
,'.'~ V pEC 1. n
'n i:~paicl i.n full.
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` RESOLVED thet the Aneheim City Plenning Commission does herehy grent subject
NOW, THEkEFORE, BE IT
Petition for Variance, upon the following conditions which ere heceby found to be a necessary prerequisita to the pro-
posed use of the subject property in order to preserve the saEety and general welfare ofthe Citizens ofthe City of
Anaheim: ,
1. That street lighting facilities along South Street and MacArthur Manor shall be
installed as required by the Director of Public Utilities and in accordance with stendard
plans and specifications on file in the office of the Director of Pubiic Utilities; and
that a bond in an amount and form satisfactory to the ~i~y of Anaheim shall be posted with
the City to guarantee the installation of the above-mentioned requirements.
2, That the owner(s) of subject property shall pay to the City of Anaheim the sum
of 60C per front foot along South Street and MacArthur Manor for tree planting purposes.
j, That the owner(s) of subject property shall deed to the City of Anaheim a strip
of land 1Q feet in width from the centerline of the alley for alley widen,ing purposes.
4. That trash storage areas shail be provided in accordance with approved plans on
file with the office of the Director of Public Works.
5, That subject property shall b~ developed substantialiy in accordance with plans
and specif+cations on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided,
however, that all signing shall be in conformance with the Anahr.im Municipal Code require-
ments with the exception that two (2) free-standing signs may be located less than the
required 300 feet minimum distance apart.
THE FOREGOING RESOLUTIOIV is signed and epproved by me this 6th day of January, 1975.
CHA AN ANAHE M TY PLANNING COMMISSIUN
ATTEST:
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SECRETARY ANAHEIM CITY PLANNING CONIMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss•
CI'Y'Y OF ANAHEIM )
I,Patricia B.Scanlan,Secretery of ths City Planning Commission oE the City of Anaheim, do hereby cectify that
the. foregoing resolution was pessed end adopted at a meeflng of ihe City Plenning Commission otthe City of Anaheim,
held on ' January 6, 19]$ , at 2:00 o'clock P.M., by the folluwing vote of the members thereof:
AYES: COMMISSIONE'sRS: FARANO, GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST
NOES: COMMISSI0NER8: NONE •
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF,.T heve hc~ecnto set my hend this 6th day of Janua ry , 1975.
SECRETARY ANAHEIM CITY PLANNING COMMISSIUN
V2-G
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RESOLUIL'!ON N0. PC75-l1