PC 75-92M.. ~' ~ ~
RESOLUTION N0. PC75-92
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM
THAT PETiTION F6R VARIANCE N0. 2696 BE GRANTED.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a
verified Petition for Variance from MARION K. BURKHEIM, 1113 Riviera Drive,
Santa Ana, California 9270b (Llaner); JESSIE CAROLINE MASON, Cara-Vo~ Surplus
Building Materials, 491 Sixth Street, Norr~, California 91760 (Agent) of certain
real property situated in the City of Anaheim, County of Orange, State of
California, described a's:
PARCEL 2
That portion of the Suutheast quarter of the Southwest quarler of SecYion 23>
Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as
shown on a Map recorded in book 51, page 10 of Miscellaneous Maps, records of
Orange County, California, described as follows:
Beginning aC a point in the center line of Katella Avenue 60.00 feet (being
South line of said Section 23) distant North 89° 57' 45" East 704.b2 feet from
the intersection thereof with the center line of that certain 60 foot strip of
land described in deed to the State of California recorded July 10, 1914 in
book 258, page 66 of Deeds; thence North 0° 16' S0" West a distance of 599•>>
feet; thence North 89° 43' 10" East to the Westerly line of that certain 60 foot
strip of land described in deed to Southern Pacific Railroad Co., recorded
March 31, 1899 in book 40, page 268 of Deeds; thence Southerly along said West-
erly line to the South line of said Section 23; thence along the South line of
said Section 23, South 89~ 57' 45" West to the point of beginning.
Excepting therefrom the following:
Beginning at a point in the center line of Katella Avenue, 60 feet wide (being
the Soueh line of said Section 23) North Sg° 57' 45" East 704.62 feet from the
intersection thereof with the center line of that certain 60 foot strip of land
described in deec; to the State of California, recorded July 10, 1914 in book
258> page 66 of Deeds; thence North 0° 16' S0" 41esC 3Z5.00 Feet to the true
point of heginning; thence continuing North 0° 16' S0" West 274.11 feet to a
1 inch iron pipe; thence North 89° 43' 10" East 132.27 feet to a point on the
Westerly line of that certain 60 foot strip of land described in deed to
Southern Pacific Railroad Co., recorded March 31, 1899 in book 40, page 268 of
Deeds, 622.14 feet in a direct line from the intersection of said Westerly line
with the said center line of Katella Avenue; thence South 15° 28' S5" East
284.05 feet along said Westerly line to a point 338.09 feet in a direct line
from said intersection; thenc~ South 89° ~E3' 10" West 206.76 feet to the true
point of beginning.
Also exceptin9 therefrom that portion lying Southerly of the Northerly line of
the land described in Parcel 9 of that Final Order of Condemnation filed by the
State of California, a certified copy was recorded .July 23, 1965 in book 7605,
page 513 of Official Records; and
WHEREAS, the City Planning Commission did ho::~ a public hearing at the City
Hall in the City of Anaheim on April 2a, 1975, at 1:30 p.m., notice of said
public hearing having been duly given as required by law 3nd in aecordance with
the provisi.ons of the Anaheim Municipal Code, Chap*_er 18.U3, to hear and consider
evidence for and against said proposed variance and to investigate and make find-
ings and recommendations in connection ':herewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due considerat~on of all evidence and
reports offered at said hearing, does find and determine the following facCS:
RESOLUTION N0. PC75-92
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1. That the petitioner requests the following waivers from the Anaheim
Municipal Code, to establish the retail sale and outdoor storage of building
materials ar.d related home improvement items:
a. SECTION 18.61.020 - Permitted uses. (Indoor and outdoor retail uses
~ot per'mitted in ML Zone)
b, SECTION 18.61.063.011 - Minimum front setback landscapinq. (10 feet
required; 0 to 5 feet existing)
c. SECTION 18.61.066.050 - Minimum number of parkinq spaces (~ required;
67 existing)
2. That Waivers 1-a, 1-b, and 1-c, above-mentioned, are hereby granted for a
time limitation of three (3) years, subject to review and consideration for extension
of time, upon written request by the petitione~.
3. That the petitioner stipulated to reinstalling landscaping in the existing
5-foot wide planter in the front setback.
4. That the petitioner stipulated to i~stalling redwood or cedar slats in the
proposed chainlink fence to screen the outdoor use of the property.
5. That there are exception or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generally to the property or class of use in the same vicinity and zone.
6. That the requested variance 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 in question.
7, That the requested variance will not be materially detrimental to the p~blic
welfare or injurious to the property or improvements in such vicinity and zone in
which the property is located.
8. That no one indicated their presence at said public hearing in opposition,
and no correspondence was received i~ opposition to subject petition,
ENVIRONMENTAL IMPACT REPORT FINDING:
That the Director of Development Services has determined that the proposed
activity falls within the definitipn of Section 3.01, Class 1, of the City of Anaheim
Guidelines tc the Requirements for an Environmental Impact Report and is, therefore,
categorically exem,t from the requirement for file an EIR
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission 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 subject property
in order to preserve the safety and general welfare of the Citizens o;` the City of
Anaheim:
(1) That sidewalks shall be installed along Katella Avenue as required by the
City Engineer and in accordance with standard plans and specifications on file in the.
office of the City Engineer provided, however, that a sidewalk waiver may be granted
if determined'to be appropriate by the Cit~ Engineer.
(2) That the owner(s) of subject property shall pay to the City of Anaheim, the
sum of $2.00 per front foot along Katella Avenue for street lighting purposes.
(3) In the event that subject property is to be divided for the purpose of sale,
leasa, or financing, a parcel map to re~ord 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.
(4) 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; provided, however, that the existing 5-foot planter in the front setback shall
be replanted and maintained; and, further, that the proposed chainlink fence shell be
interwoven with redwood or cedar siats to screen the outdoor use of the property, as
stipulated to by the petitioner.
_2_ RESOLUTION N0. PC75-92 '
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(5) That Condition Nos. 1, 2, 3~ and 4, above-mentioned, shail be complied
with prior 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. . •
(6) That this Variance shall be granted for a pariod of three (3) years and,
upon written request by the petitioner, an additional period of time may be granted
~ upon approval by the Pianning Comnission and/or 'ty Cou ~
~ CF~AIR N, ANA "• CITY PLANPlIl~:6 COMMlSSION
ATTEST: '
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S~ECRETARY, 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 April 28, 1975,
at 1:30..p.m., by the following vote of the.members thereof:
AYES: COMMISSIONERS: GAUER, JONNSON, KING, MORLEY, TOLAR, HERBST
NOES: COMMISSIONERS: NONE _
ABSENT: COMMISSIUNERS: FARANO • • •
. IN W17NESS WHEREOF, 1 have hereunto set my hand this 28th day of April, 1975.
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' SECRETARY, ANAHEIM CITY PLANNING COMMISSIC.~
_3_ ' iiESOLUTION N0. PC75-92