PC 75-53., • ~ ~
RESOLUTION N0. FC75-5:~
A RESOLUTION OF THE CITY PLANNING C014MISSION OF TI1E CIiY OF ANAHEIM
THAT PETITION FOR VARIANCE N(~. 2678 BE GRANTED IN PART
WHEREA~, the City Planning Commission of the City of Anaheim did receive a
verified Petitio~ for Variance from WALKER AND LEE, INC., 1477 South Manchester
Avenue, Anaheim, California 92803 (Owner); LEVITT CONSTRUCTION SYSTEMS, INC., 10800
Kalama River Road, Fountain Valley, California 92708 (Agent) of certain real
property situated in the City of Anaheim, County of Orange, State of Caiifornia,
described as:
THAT PORTION OF LOT 7 OF JOSEPH FISCUS SUBDIVISIQN, AS SHOWN OM A MAP RECORDED
IN BOOK 8 PAGE 73 OF MISCELLANEOUS MAPS, iN THE OFFICE OF Tf1E COUNTY RECORDER Or
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT WITH A LINE
PARALLEL WITH AND SOUTHWESTERLY 45.00 FEET, MEASURED AT RIGHT ANGLES FROM THE
SOUTHWESTERLY LItJE OF THE SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY PER
BOOK 847 PAGE 478 OF OFFICIAL RECORDS, 5,41D INTERSECTION BEING THE SOUTHWEST
CORNF..r~ OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA BY DEED
RECORDED ON OCTOBER 2, 1950, !N BOOK 2081 PAGE 301 OF OFFICIAL RECORDS; THENCE
ALONG THE SOUTHWESTERLY LINE OF SAID LAST MENTIONED DEED, NORTH 40° 52' 2p"
WEST 344.67 FEET TO THE TRUE POiNT OF BEGINNING; THENCE SOUTH 68o p7, 51" WEST
467.60 FEET TO 7HE WEST LINE OF SAID LOT 7; iHENCE ALOIVG SAID ~!EST LINE NORTH
p° 13~ 07" WEST 550.10 FEET TO SAID SOUTHWESTERLY LINE OF SAID DEED TO THE STATE
OF CALIFORNIA; THENCE ALONG SAID SOUTHWESTERLY LINE, SOUTH 65° 56' S7" EAST 66.87
FEET TO THE BEGINNING OF A NON-TANGENT CURVE THEREIN CONCAVE SOUTHWESTERLY HAVING
A RADIUS Of 1955.00 FEET; THENCE SOUTHEASTERLY ALONG SAID NON-TAN6ENT CURVE, AN
ARC DISTANCE OF 466.49 FEET TO ITS POINT OF TANGENCY WITH SAI'D PARALLEL LINE WHICH
PASSES THROUGH THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, SOUTH
40° 52' 20" EAST 46.95 FEET TO THE TRUE POIN'f OF BE6INNING; and
WI,EREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on March 3, 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 variance and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation, and study made
by itself and in its behalf, and after due consideratic, of all evidence and
reports offered et said hearing, does find and determine the following facts:
1. That the petitioner requests the following waivers from the Anaheim
Municipal Code, to construct a modular home sales and display complex in the
RS-A-43,000 (R~SIDENTIAL/AGRICULTURAL) ZONE:
a. SECTION 18.21.020 - Permitted uses. (Sale and display of modular
homes not oermitted)
b. SECTION 18.21.067.020 - Maximum sign_area. (20 s uare feet permitted;
60 square feet proposed
2. That Waiver 1-a, above-mentioned, is hereby granted for a time limitation
of two (2) years and ninety (90) days, subject to review and consideration for
extension of time upon written request by the petitionei'.
3. That Waiver 1-b, above-mentioned, is hereby denied on the basis that the
petitioner did not demonstrate that a hardship would be created if said waiver
was not granted.
4. That tfie P{anning CommissioR determined that a bond in an amount and form
satisfactory to the City of Anaheim shall be posted to guarantee the removal of
the proposed structures and restoration of the property to at least its existing
condition, said removai and rastoration to be accomplished at the time of terminat-
ing the use.
RESOLUTION N0. PC75-53
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5. That there are exceptional or extraordinary circumstances or
tions applicable to the property involved or to the intended use, as
of the property that do not apply generally to the property or class
the same vicinity and zone.
condi-
granted,
of use in
6. That the requested variance, as granted, is necessary for the preser-
vation and enjoyment of a substantial property right possessed by other property
in the same vicinity and zone, and denied to the property in questicn.
7. That the requested variance, as granted, 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.
8. That two (2) persons appeared at said public hearing, one in opposition,
and no correspondence was received in opposition to subject peYition.
ENVIRONMENTAL :MPACT REPGRT FINDING:
That the Planning Commission recommends to the City Council that the
subject project be exempt from the requirement to prepare an Environmental
Impact Report pursuant to the provisions of the California Environmental
Quality Act.
NOW, THERtfORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, in part, upon the following
conditions which are hereby found to be a necessary prerequisite Y.o 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 deed to the City of Anaheim
a strip of land 45 feet in width from the centerline of the street along
Manchester Avenue for street widening purposes.
2. That street lighting facilities along Manchester Avenue shall be
installed as required by the Director of Public Utilities and in accordance with
standard plans and specifications on file in the Office of the Director of
Public Utilities; and that a bond in an amount and form satisfactory to the City
of Anaheim shall be posted with the City to guarantee the installation of the
above-mentioned requirements. ~
3. That the owner(s) of subject property shall pay to the City of Anaheim
the 'sum of 60t.per froni foot along Manchester Avenue for tree planting purposes.
4. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Directur of Public Works.
5. That fire hydrants shall be instailed and charged as required and
determined to be necessary by the Chief of the Fire Department prior to com-
mencement of structural framing.
6. That subject property shall be served by under9round utilities.
7. That dra;nage of subject property shall be disposed of in a manner
satisfactory to the City Engineer.
8. In the event that subject property is to be divided for the purpose of
sale, lease or financing, a parcel map to record the approved division of subject
property shall be submitted to and approved by the City of Anaheim and then be
recorded in the Office of the Orange County Recorder.
~ 9. That sidewalks shall be installed along Manchester Avenue as required
by the City Engineer and in accordance with standaru plans and specifications on
file in the Office of the City Engineer.
10. That appropriate water assessment fees as determined by the Director oF
Public Utilities shall be paid tc+ the City of Anaheim prior to the issuance of a
building permit.
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11. That a bond in an amounY. and form satisfactor~to the City of Anaheim
shall be posted to guarantee *.he removal of the proposed structures and restora-
tion of Che property to at least its presently existing condition, said removal
and restoration to be accomplished when the use granted by this variance
terminates.
12. That subject property shall be devetoped substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 7.
13. That Condition Nos. 1, 2, 3, 8 and 11, 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 from dete hereof, whichevar occurs first, or such further
time as the Planning Commission or City Council may grant.
14. That Condition Nos. 4, 6, 7, 9 and 12, above-mentioned, shall be
complied with prior to final building and zoning inspections.
15. That a time limitation of two (2) years and ninety ~90) days shall be
granted for the use of the subject property and, upon written request by the
petitioner, an additional period of time may be granted upon approval by the
Planning Commission and/or City Council.
THE FOREGOIN6 RESOLUTION is signed and approved by me this 3rd day of March,
1975•
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HA , A A CIT ANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE 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 foregoing resolution was passed and
adopted at a meeting of the City Planning Commission of the City of Anaheim,
held on March 3, 1975. at 1:30 p.m., by the following vote of tlie members thereof:
AYES: COMMISSIONERS: JOHNSON, KING, HERBST
NOES: COMMISSIONERS: FARANO
ABSENT: COMMISSIONERS: GAUER, MORLEY, TOLAR
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of March, 1g75.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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