PC 76-1~ ~
RESOLUTIU~~ N0. PC76-1
RESOLUTIO~d OF TN[ CITY PLANNIi~G Cllt41ISSI0t! OF THE CITY OP AtJANEI~i
TIIAT FETITIOP~ FOR VARIAtlCE f~C1. 27h7 FsE GRAt~TED.
4111EREAS, the Cit; .";anninq Commission of the City of Anaheim did receive a
verified Pet~tion for Variance fi°om SOU7H~R(~ CALIFORtlIA FIRST PIATIU~l.4! QAtlY., P. 0.
aox 1311, San Uiego, Calzfornia 92117 (Owner); VER~ATILE GQUIPNErIT c0., IfIC., 9.'.5?
Garden Grove aoulevard, ~i9, Garden Grove, Cali`ornia 9?.fi4~1 (Agent) of certain real
pruperty situa.ted in the City o,` Anaheim, County of Oranne, State of California.
described as:
PARCEL 1:
THAi POR7I0~1 OF LOT 6 OF THE J. ~. TAYLUR TRACT, I'1 THE CITY OF Af~AHEI~t, COUIITY OF
ORANGE, STAT[ OF CALIFORf1If1, AS PER P1.4P RECORDED IP~ BOOf: 36 PAGES 5A TO F~ It~CLUSIVE
OF tdISCELLANEOUS RECORDS, :~i THE OFFICE OF THE COUF~TY R~CORDER OF LOS AIIr,EL[S COUIlTY,
CALIFORIJIA, DESCRIQED A$ FOLLOb1S:
BEGIWNING AT THE INTERSECTIO°I OF TIiE WORTI~ERLY LINE OF RI`lERDALE AVE. (FORt1ERLY
BATAVIA STREET) II0.00 FEET WIDE, WITH THE CEPITER LIi~E OF JEFfERS0~1 STREET, 100.00
FEET IdIUE, AS SH04JP! OtJ THE P1AP 0"r TRACT N0. 4fi43, RECORUED IP~ BOOY, 195 PAGES 35 TO 37
IYCLUSIVE 0~ !~1ISCELLAWEOUS ~dAP~, I~d '•'HE OFFICE QF TNE COUNTY RECORDE2 UF SAID COUIiTY,
THE~dCE EASTERLY ALOidG SAID RIVERD..LE AVE., ALOiJfi A CURVE CO(dCAVE f~QRTIIERLY IIAUIN~S A
RADIUS OF 1160.00 FEET TNROUGII A CEi~TRAL AWGLE OF ;~ OQ' 39" API ARC DISTAPdCE OF fi2..31
FEET TU TNE tdOR71iEASTERLY CORI•dER OF SAID TRACT PlO. 4G43, SAID CORNER ALSO BEIPlG 711E
t~tOST WESTERLY COP,NER OF TfIE LAIID DESCRIBEU It4 TIIE DEED TO TIiE STATE Of CALIFORPlIA,
R~CORDEU F~B(ZUARY 2l3, 196~ IW GOOY, fl57_G PAGE 2R6 OF OFFICIAL RECpRDS; THEidCE EASTERLY
ALOtdG THE NORTIIERLY LT~IE AP;D ITS EASTERLY FROLO(lGATIU(I OF SI1ID LAi~D OF TIiE STATE. OF
CALIFORiJIA TU THE CEfITER LItlE OF ~IEFFERSOf! STREET, 4~.00 FEET I~IIDE, AS SI10lJfd 0~~ A
t•tAP RECORDEU IN QOOt: 23 PAGE 20 OF RECOR~ OF SURVEYS, IP! TNE OFFICE 0~ TlIE C4Ur;TY
P.ECORDER OF SAIU COUi~TY, THEf~CE ALOPI6 SAID CEPdTER LIilE PIORTII 17° ~1~' ^5° 4!EST T~ A~;
ANGLE POI~dT TIIEREIN AilU NORTII 29° 11' 15" 41EST 1~S.92 ~EET TO TlIE P~QRTIIF.RLY LItJC OF
SAID LOT 6; TI1E(~CE ALONG SAID PJORTIIERLY LIflE SOUTfI 61° 27' 05" IJE~T T(1 TI1[ CEIITER
LI1JE OF JEFFCRSOf~ STREET, 100.00 FEET IdIDE, AS UESC"I[~ED Itl TIIE UEED TO TlIE CITY OF
FI~~AH[IM, RECORDED APRIL 15, 19G~ IPJ QOOY. a512 PAf,E 7~i0 OF OFF;CIAL RECORDS; TIIE~JCE
SOUTHEASTERLY AL.Ot~G SAID LAST hIEfJTIOi~ED CEiJTER LIN~ TO THE POI19T OF f3EGI~lhIIWG.
PARCEI 2:
TH11T PORTIOt~ U'r LOT 5 OF TIIG J. D. 711YLOR TRACT, Ii~ Tf![ CITY OF Ai~aIIEI'1, COU1'1TY OF
ORA~4GE, STAT[ OF (:I1L"[FORiJIA, AS P[R t4AP R[CORDED It! aCOK 5, PAGE 1G OF ~tISCELLAIlEOL'S
14APS, tN THE OFFICE OF THE COUNTY RECORDER OF SAID COUfJTY, ~ESCRTBED AS FOLLQI•IS:
BEGINtJItJ6 ~T A POINT Ifl TfiE i~fESTERLY LIPIE OF SAIU LOT, 511ID POI~~T BEIilG DISTAP;T ALO;lG
SAIU IJESTERLY LItJE SUUT{IEi;LY, 33.57 FEET FROh1 TIiE NORTIiERLY TERt1I~lUS OF TIIAT C[R7AIt!
COURSE HAVI"~G A LENGTH OF 1715.93 FEET 01 TIIE "tAP CF TRACT "!0. hG43, RECQRDEi7 If! QOOY.
195 PA6ES 35, 36 AflU 37 OF FIISCELLAWEOUS ?1APS IN SAID OFFI~E, SI1IU POIP~T ALSO 6EI(1G
THE 'v1ESTERLY TERMIWUS OF TFIE CERTAI(1 COURSE HAVIP~G THE f3EARItIG OF NORiH 73° 29' 33"
EAST IN PARC[L 2 OF TtiE STATE HIGI141AY RELINQUISH~1EflT t~0. 637, RECORDEC? IN QOOY. 89~3
PAGES 261 ANU 262 Of OFFICIAL RECORDS IPI SAID OFFICE; TI~E~dCE ALOtdG TIi~ tIORTf~ERLY LItIE
OF SAIU PARCEL 2, fJORTN 73° 7.9' 33" EAST 405.9~ FEET; TNEPICE LFAVIt~G SAID f~ORTH[RLY
LIIJE ;JURTH 43•° 59' 29" I•lEST, 10.36 F[ET; TfIEtJCE I~URTIi 45°. 58' 05" 4lEST, 255.a8 FEET
TO TH~ ~dORTHERLY LIi~E OF SAiu LOT; THEPICE IdESTERLY, SOUTN4I~STERLY APJD SOUTHERLY
ALONG THE QOUtIDARI[S OF SAID LOT TO TIiE POINT OF 13EGIfl~lI~G.
WHEREAS, th~, City Planning Cormission did schedule a nublic hearinn at the
City Hall in the Cit;; of Anaheim on PJovember 10, 1975, at 1:30 r.m., notice of said
public hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Ptunicipal Code, Chapter 1".~13, tn hear and consider
evidence for or against sa3d pro~osed variance and ~c investigate and r~ake findinns
and recommendations in connection there~•~ith; said public hearing haviiiq be~n
continued to thP Plunning Commission meeting of ,lanuary 5, 1976; and
lJli[REAS, said Commission after due inspection, investigation and study made
by itseir' and in its behalf, and ~after due consideration of a11 evidenr,e and reoorts
offered at said hearing, does 'rii~d and determine the follo~~ring facts:
RESOLUTIO(~ IJO. PC76-1
~ ~
1. That the ~etitioner requests the follo~~~ing a~aivers fron the Anah~ir~
t~tunicipal Code, t~ cstablish outdoor construction eqaipment sales:
(a) SECTID(J 13.4~1.b7.5.02" - Permitted outdoor uses. (outdoor sales
- and stora~e not perm tted)
(b) SECTIOP! 18.44.068.021 - t•laximum fence heic~ht. (3D inches permitted;
6 feet nroposed)
2. That lJaiver 1-a, ahove-mentioned, is hereby aranted on the basis that
the petitioner demonstrated that a hardsfiip would be created if said waiver viere not
granted, due to the unusual shape, location and topography of the site.
3. That !daiver 1-b, above-mentioned, is hereby ~ranted un the basis that
said fence, althougli located within required setback areas, is determined to be
necessary for security purposes and is suitably located due to the irregular
topo3raphy of the site, and subject to the stipulation of the petitioner that the
proposed 6-foot chainlink fence enclosing the outdoor use alor.~i the north, snutt~ and
east property lines ~aill be slatted v~ith redwood or cedar slats.
4. That the petitioner stipulated to planting a visual buffer consisting of
trees on 15-foot centers and otY~er landscaping adjacent to the outside of the
chainlink fence along the north, south and east nroperty lines, said trees and
land~caping to provide an effective screen within tt•~o years follotring plantin~; and
the p~titioner furLher stipulated to permanently maintaining said trees and
landscapiny.
5. That there are exce~tional or er.traordinary circurastances or conditions
applicable to the property involved or to the intended use of the property that do
not apply gen~~r~lly to the property or class of use in the same vicinity ar,d zone.
6. TViat ~he re~uested variance is necessary for the ~reservation and
enjoyment of a substantial nro~erty right possessed by other pronert~! in the same
vicir~ity and zone, and denied to the property in question.
7, Tliat the requested variance ;aill not be materially detrimental to the
pubiic welfare or injurious to t!ie property or improver~ents in such vicinity and zone
in which the property is located.
8, That no one indicated their nresence as said public hearing in
opposition; and no correspondence was received in onoosition to subject petition.
EP~VIRONMENTP,L It4PACT_ REPURT FirJDIrIG:
That the Anaheim City Plannin~ Comnission does hereby recommend to the City
Council ot the City of Anaheim that the subject project be exemot from the
requirement to prepare an er,~iro7mental impact report, pursuant to provisions of the
California Environmental Quality Act.
NOW, TIIEREFORE, QE IT RESOLUED that the Anaheim City Planning Comnission
does hereby grznt subject Petition for Variance~ upon the folloaiinq conditions which
are hereby found to d~ a necessary prerequisite to the proposed us~ ~f the subject
nroperty in order to preserve the safety and g~neral ~•ielfare of the Citizens of the
;.ity of Anaheim:
1. That the owner(s) ~f s~bject property shall deed ~to the City of Anaheim
a strip of land 53 feet in tvidth from the centerline of ~he street along Tustin
Avenue for street widening purposes.
2. That a~~l engineering requirements of the City of Anahaim along Tustin
Avenue and RivPrdale Avenue, including preparation of improvement olans and
installation of a71 improvements such as curbs and gutte+-s, sidewalks, street yradina
and paving, drainage facilities, or other appurtenant viork shall be complied with as
required by the City Engineer and in ~ccordance with standard ~lans and
specificat~ons on fi~e in the office oF the City Engineer; that street liahtirg
facilities along Tustin Avenue and Riverdale Avenue shall be installed as reqaired by
the Director of Public Utilities and in acc~rdance with s;.~ndard plans and
soecifications on File in the Office of the Director of Public Util~ties; and that a
bund in an amamt and form satisfactory to the City of Anaheim shall be ~osted with
th~ City to guarantee the in~stallation of the above-me;iti~~ned requirements.
-2_ RESOI.!!TIOIJ PIO. PC75-1
~ ~
3. That ~ne ~wner(s) of subjsct praperty shall naY to the City of Anaheim
the sum of f0 cents per front foot along Tustin Avenue and Riverdale Avenue for tree
plantin9 purposes.
4. That trash storage areas shall be provided in accordance with aoproved
olans on file with the office of the Director of Public 4lorks.
5. That fire hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the fire Department prior to c~mmencPment
of structural framing.
6. That sub~ect property shall be served by underground utilities.
7. That ciraina~~e of sub~ect property shall be disnosed of in a irianner
satisfactory to the City Engineer.
8. That grading, exca:ation and all other construction activities snall be
conducted in such a manner so as to minimize the possibility of any silt originating
from this project being carried into the Santa Ana River by storm water orininating
from or flowing through this project.
9. That appropriate water assessment fees, as determined by tne Director of
Publ;c Utilities, shall be paid to the City of Anaheim ~rior to the issuance of a
building perm9t.
10. That the develooer shall maintain vehicular access to all public
easements within ihe property and that all manholes, vaults, valves or other existinn
f~cilities shall be adjusted to future grade; that all existing public easements
shall be maintained free of any structures or other permanent type i°acilities.
11. That sub~ect property shall be developed substantially in accordance
with plans and specifications on file 4iith the City of Anaheim morked Exhibit Nc~s. 1
and 2, provided; however, thai the proposed chainlink fence along the north, south
and east property lines enclosing the outdoor use shall he slatted with redwood or
cedar slats, as stipulated' to by the petitioner; that trees shall be planted or. 15-
foot centers and otlier landscap~ing shall be provided on the outside of the chainlink
fence along the north, south and east property lines enclosing the outdoor use, said
ti~ees and landscaoing to ~reviae an effec±ive visual screen within two years
following plenting, as stipulated to by the petitioner; and that adequate irriaa~ion
facilities shall be provided, subject to the approval of the Planning Department.
12. That the prorerty owner(s) shall provide permanent maintenance for the
trees and other landscaping on the outside of the chainlink fence enclasing the
outdoor use, as stii;ulated to by the ~etitioner.
13. That Conditinn tJos. l, 2, and 3, above-mentioned, shall be compliec~
wi•Lh prior to the commencment of the activity authorized under this resolution, or
prior to the time ~hat the building permit is issued, or within a ~eriod of one year
from date hereof, whichever accurs first, or such further time as the Planning
Commission and!or City Council may grant.
14. That Condition Nos. 4, 6y 1, II, 1Q, and il, above-mentio~Ed, sFiall be
complied with priQ; to final building and zoning insnections.
THE FOREGOING RESOLUTIO~~ is signed
Ja~uary, 197G.
and approved by me this 5th day of
~~ /' !'`' ~ -
CHAIRt9AN, APIAIIEIP1 CITY PLA~~NIN6 COPIPIISSIO~~
ATTEST:
' ~ ~~ .
~
SECRE R, fIAHEIM~CI'TY PLAP~NING COMMISSION
-3- RESOLUTION tJG. FC75-1
~
STA7E Of CALifORf~IA )
COt;NTY OF ORAP~GE )ss.
CITV OF ANAHEIt1 )
I, Patr9cia B. Scanlan, Secretary of the City Planning Comnissinn of the
City of Anaheim, do hereby certify that the fore~ioing resolutian ~~~as nassed and
adopted at a meeting of the City Planning Cormiission ot the City bf Anaheim, held on
January 5, l°;6, at ]:30 p.n., by the following vote of the nembers thereof:
AYES: C0~IMISSIU~~~.°.S: GARNES, HERBST, JONNSON, YItiG, T".ORLEY, TQLAR, FARA?70
NOES: C~~1F1I5SI01lEl2S: f~OP~E
ABSE(JT: COt1t1ISSdOt![RS: tJ01~E
IN tiJTTt~ESS IJIiEREOF, I have hereunto set my hand this 5tlh dav of January, 197G.
~~~,~~~ ~.~,
SECP.ETAP,Y, ANANEIM CITY PLAt1t~IPiG COI^~'IISSIa4~
_q.. RESQLUTIOt! P~Q. PC7F,-1