PC 76-95~ ~
RESQLUTIO~~ M0. PC76-95
A RESOLUTIOFI np THE ANAHEIM CITY PLANNINr, COMHISSiO~!
THAT PETlTION F(1R VARIANC[ PJO. 2$~5 BE GRA~lTED, IM PART.
WfIEREAS, the Anaheim City Pianning Commission did rPCCivP a verifie~
Petition for Variance from BIXBY LA1~0 COHPANY, 44u W. ~cean Boulevard, Suite 17~t~,
Long Beach, California ~+~R(13 (Owner); A.S.A.W.A. CORPQRAT1f1N, ATT~I: BILL ASA~~A, P.O.
Box 1165, Santa Ana, California 927~?. (Agent) of certain reat property situate~i in
the City of Anaheim, County of Orange, State of California descrihed as:
The East 130,n(1 feet of the Southeast quarter nf the Sautheast auarter of the
Southeast quarter of Section 27., Trnmshlv L South, Range 10 West, i~ the Rancho
San Juan Laion de Santa Ana, as said sectlon is shrnan on a map recorded in book
51, page 10 of t4iscell~neous Pta~s, in the ~ffice of the County Recorder of sa1~1
County.
Except the North ~~7~.~~ feet thereof.
IJHEREAS, the City Planning Commission did hold a public hearinq at the Ctty
Ilall in the City of Anahetm on Hay 1Q, 1?7F, at 1:3?1 p.m., notice of said puhile
hearing having been duly given as required by law an~l in accordance with the
provisions of the Anaheim Municipal Code, Chapter 1R.03, to hear and consider
evidence for and against said proposed variance anA to investigate and make findings
and recommendations in connection therewith; and
1•II!EREAS, said Commission, :+fter due inspection, irsvestigatien and stii~ly made
by itself and in its 6ehalf, anA after due consideration of all evldence and reports
offcred at said hearing. cloes find and determine the f~llrnaing facts:
1, That the petitioner proposes the follawing walvers from the Anaheim
Municipal Code, to construct a market with self-service pumps:
a. SECTION l~l.~i^.~2(1 - Permitted uses. (Retail stores not
permit- te- d Pr rary uses in L-R Zone
b. SECTI(11J 13.4f3.~3~ - Permitted acccessory uses. (Gasoline ~ur~ps n~t
permitted accessory uses in C-R Zone)
2, That the requested waiver of permitted uses is qranted for a mar~.Pt
(retail store) only on the basis that the petitioner stipulated t~ withdraaiinn the
request for gasoline pumps as an accessory use.
3, That the petitioner stinul~ted to reloca[ing an~1 nrovi~ling trash
storage areas in accordance with City rec~uirements.
4. That the petitioner stipulated to closing the southcrnmost driveway on
Haster Street and the easternmost driveo-~ay on Katella Avenue and replacing said
driveways with street improvements as required by the City Englneer, and landscaping.
5. That the Planning Cormnission does hereby determine that the location of
the ttao remaining drlve~•iays shall be subJect to the ~pproval of the Traffic Engineer.
6. That the petitioner stipulated to suhmitting revised plans to the
Planning Commission prior to the cor~mencement of the activity, sald plans t~ reflect
the aforementioneJ modifications.
7. Tfiat tfiere are exceptlonal or extraordinary circumst~nces nr conditions
applicable to the property invol'/enerall~ tohtheiproperty oreciass ofrusePi~ the same
property that do not apply g Y
vicinity and zone.
f3. That :he requesteJ varlance~ as granted, is necessary for the
preservation and enJoyment of a substantial property right possessed by other
property in the same vicinity ancf zone, and denie~f to the property in question,
9. Th~t thr. requeste~! variance, as qranted~ wlll n~t he materlally
detrimental to the pubiic ~aelfare nr injurious to the propertY or improvements in
such vicinity and zone in which the prooerty is located.
RESOLUTION N0, PC76-95
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10, That no one indicated thelr nresence at said public hearin~t in
opposition; and no correspondencr.uras received in opposition to subJect petition.
E':vlR~t~~1ENTAL iMPACT REP~°T FIt~DINr,;
That the Anaheim City Planning Commissi~n does hereby recommend to the Cit:y
Louncil that the subject proJect he exempt from the requirement to prepare an
environmental impact report, pursuant to the provisions of the California
F.nvironmental Quality Act.
NOW, THEREFORE, RE IT RESOLVED tha*_ the Anaheim City Planning Commissirm
does hereby grant, in ~art, subJect Petition for Variance. upon the f~ll~wing
conditions which are herehy fou~d to be a necessary prerequisite tu the proposed use
of the subJect property in order to preserve the safety and general welfare of the
Citizens of the City of Anahcim:
1. That the ~pproval of this variance is grante~l suhJect to the cnmpletion
of Reclassification t~o. f~,-67-61~ now pending.
2. That the ~wner(s) of subJect ~rn~crty shall deed to the City ~f Anaheim
a strip of land fifty-threr_ (53) feet in wid,.~, `~om the centerline ~f the street
along Haster Street for strcet widening purposes.
3. That street lighting facilitiES along Hast~r Strr_et and Y.atr_Ila Avenue
shall be installed as requirecl by the Director of Public Utilities and in accorclance
~aith standard plans and specifications on file in the Office ~f the Director of
Public Utilities, or that a bond in an amount and form satisfactory to the City of
Anaheim shall he posted witli ttie City to 9uarantee the installation of the above-
mentioned requirements.
4. That trash storage areas shall be arovided in accordan~e a~ith approved
plans on file with the Office of the Director of Puhlic Works.
5. That the southcrmm~st driveway on Haster Street and the easternmost
driveway on Katella /lvenue shall be closed and replaceci with standard curhs, gutters,
and sidewalks, and that the required landsca~ed setback area shall be extended acros~
said closure; and ti~e location of the ta~o (2) remaining drive~oays shall he subJect t~~
thr. ap~~roval of tfie City Traffic Engineer, as stipulated to by the petitioner,
6. That any under9round gasoline sterage tanks either be removed or fille~l
a~ith sand or cement slurry, as requirPd by the Fire Marshal.
7, That Con~fiti~n ~~os. i, 2, and 3, above-meritioned~ shall he com~tied
with prior to the commencement of the activity authorized under this resolution, r.r
~rior to the time that the buildinq perr,~it is issued, or within a period of one year
from date hereof, whichever occurs ftrst, or such further time as the Planning
Commission and/or Ctty Council may grant.
3. That Condition Ilos. ~~, and 5, ahove-mentioned, <~hall be complied r~iti
prior to final buildinq and zoninq inspections.
9, That a revised site plan reflecting the modificai:tons stipulated to b~~
the petitioner shall be submitted to the Planning Commisston foi• review prior to th~:
commencement of Che activity authorized by subJect variance, a~s sCipulated to by thi
petitioncr.
TFIE FOREGOING RESOLUTION is signed and approved by e~s 1~th day of May, 197F.
, / /~
\ - ~R N R
AN1HEIM CITY PLANNIN(; COMMISSIQN
ATT[5T:
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~// ~~'~~.a~~~~[~llii ~i c~
SF.f.RE~ARY, At~ANEIH CITY PLANNING COMM~SSIOtI
-Z- RESOLUTION t~0. PC7~-95
~ ~ ~
STATE OF CALIFORNIp )
COUt~TY OF QRAPIGE ) ss.
CITY OF ANAHEIM )
I, i'atricia B. Scanlan, Secretary of the City Planning Commission of the
City of Anaheim, do hereby certify that the foregoing resolution ~aas passed and
adopted at a meeting of the City Planning Commtssion of the City of Anaheim, held on
t1ay i~, 1976, at 1:3~ p.m., ~y the following vote of the members thereof:
AYES: COMMISSIONERS: BARNES, !:ING, MORLEY, TOLAR, HERRST
NOES: COMMISSIOtJERS: NOtJE
AflSENT: COMMISSIONERS: FARANO
ABSTAIN: COMMISSIONERS: JOHNSON
IN WITNE55 WHERE(1F, 1 h~ve hereunto set my hand this l~th clay of May, 1?7F•
~~ . ` ,~ ~~~~~
SECRETARY, AtJAHEIM CI Y PLP.tJPI1Nf COMMIS51~!!
_3_ RESOLUTION W(1. Pc76-95