PC 75-79, . - ' ~ ~
RESOLUTION N0. PC75-79
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETITION FOZ VARiANCE N0. 2692 BE GRANTED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive
a verified P~tition for Varidnce from GEORGE D. MC DONALD il, CATHERINE E.
REILLY AND MARGARET M. MARONDE, 1271 Adair Street, San Marino, California
91108 (Owners); ROBERT R. OVERDEVEST, Econo-Lube, Inc., 501 South ~tate
Callege Boulevard, Anaheim, California 92Q06 (Agent) of certain real property
situated in the City of Anaheim, County of Orangc, State of California,
describead as:
THE SOUTHERLY 175.00 FEET OF THE EASTERLY 163•00 FEET OF THE SOUTHEAS7 QUARTER
OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTIOM 11, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOT'ES, AS PER MAP RECORDC•D IN BOOK
51 PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. ~
EXC~EPT THOSE PORTIONS THEREOF DESCRIBED AS PAR~EL 1 AND PARCEL 2 IN THE DEED
TO THE STA7E OF CALIFORNIA, RECORDEU MARCH 16, 1956 IN BOCK 3438 PAGE 502 OF
OFFI~CIAL RECORDS OF SAIU COUNTY; AND
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall tn the City of Anaheim on April 14, 1975~ at 1:30 p.m., notice of said
public hearing havtng been duly given as requlred by law and in accordance with
'the provisions of the Anaheim Municipal ~ode, Chapter 18.03, to hear and conslder
evidence for and against said proposed variance and to investigate and make
findings and recommendation~ (n connection therewith; and
WHEREAS, said Commission, after ~ue inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and
reports offered at sald hearing, does ftnd and determine the following facts:
1, That the petitloner requests the following waivers from the Anaheim hlunicipal
Code, ~o establish an auto lubrication facility:
a. SECTION 18.44.020 - Permitted uses,.(Auto lubricatton facility not
permitted
b. SECTION 18,44,066.033_- Required tree screen adiacent to residential
zonin . (Effective screen not existing)
c. SECTION 18.44.068.010 - Maximum wall heiqht. (6 feet required; feet
existing
2, That W.aiver 1-a, above-mentioned, is hereby granted on the basis that the
proposal will upgrade a former service station slte.
3, That Waiver 1-b, abov~-mentioned, is hereby granted on the basis that trees
are existing and the petitioner indicated that there would be very little noise
emitting from the proposed operation.
4. That Waiver 1-c, above-mentioned, is hereby granted on the basis that said
wall has been existing for a lbng period of time and has not been detrimental to the
adJoininct residential properties.
5, That the petitioner demonstrated that a har3ship would be created if (nstal-
latlon of street li~ht{ng fac{lities were rsquired ~nd, therefore, the Planning Com^
mission determined that said requirements should ba waived.
6, That the petitioner stipulated Co removing the er.isting sautherlyrtrost
driveway on Western Avenue and to replacing said driveway wfth standard curb, gutter
and sidewalk, and, additionally, that the proposed on-site landscaping wlll be
extended across the replaced driveway.
RESOLUTION N0. PC75-79
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7, That the petitioner demonstrated that a hardship would be created if the
existing trash enclosurc area were iaquired to be enlarged to six feet in depth
an~ the Planning Cummission dete rtnined that if said structure was sound, no modi-
fication would be required; however, if said structure was determined to be unsound
by the Streets and Sanitation Division, then it wiil be a requirement to provide
trash storage areas in accordance with approved plans on f11e with the Office of
the Director of Public Works.
8, That there are exceptional or extraordinary circ~mstances or conditions
applicable to the property involved or to the intended use of the property ttoat d~
not apply generally to the property or class of use in the :•ame vicinity and zone.
9, That the requested variance is necessary fer the preservation and enjoyment
of a substar.tial property right possessed by other property in the same vicinity and
zone, and denied to the property in question.
10, That the requested v~riance will not be materially detrimental to the public
welfare or injurious to the pro~erty or improvements in such vicinity and zone in
which the property is located.
il. That the petitioner stipulated to terminating Conditional Use Permit No. 578~
which was granted on June 15, 1964, to establish a service station on the subJect
property.
12, That no one indicated their presence at said public hearing in opposition
and no correspondence was received in opposition to subject petition.
ENVIRONMENTAL IMPAC7 REPORT FINDING:
The Director of Development 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, categorically
exempt from the requirement to file an EIR.
NOW, THEREFORE, BE IT P.ESOLVED that the Anaheim City Planning Cortmfssion does
hereby grant subJect Petition for Variance, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the sub,ject property
in order to preserve the safety and general welfare of the Citizens of the Gity of ,
Anaheim:
(1) That if, following further investigation by the Streets and Sanitaticn Divlsion,
the existing trash storage areas are found to be unsound, then trash storage areas s~iall
be provided in accordance with approved plans on file with the Or'fice of the Director of
Public Works.
(2) That the owner(s) of subJect property shall remave the existing gasoline tanks,
oumps, pump islands, a~d canopies.
(3) That subject property shall be developed substantially in accordance with
plans ar.d specifications on file with th~ City of Anaheirn marked Exhibit No. 1; provided,
hoH•ever, that the most southerly driveway on Western A~~enue shall be removed and replaced
with standard curb, gutter and sidewalk, as stipulated to by the petitioner; and,
further, that the on-site landscaping shall be continuous along the street frontages
between the permitted driveways, as stipulated to by the petitioner,
(4) That Condition No. l, above-mentioned, shell 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 date hereof, which-
ever occurs `irst, or such further tlme as the Planning Commission and/or City Council
may grant,
(5) That CCmditions Nos. 1, 2, and 3, above-mentioned, shall be complled wtth
prior to final butlding and mning lnspections.
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RESOLUTION N0. PC75-79
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THE F0~<EGOING 'RESOLUTION is signed and approved by me this 14th day of April,
1975.
RMAN ~ !M T P NtJ~N6 COMMISSION
ATTEST:
~ ~
~,~~~,~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STHTE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Planning Com~mission of the City af
Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a
meeting oT the City Planning Commission of the City of Anaheim held on April 14, 1975,
at 1;30 p.m., by the following vote of the members the rv:of:
AYES: COMMISSIONERS: GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FARANO
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of April, 1975.
.~,~~,~' J
SECRETARY, ANAHEIM CITY P11~NNING COMMISSION
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RESOLUTIOP7 N0. PC75~79