PC 77-129RESOLUTION N0. °C77-129
A RESOLU710~~ OF TriE A~~At~E I M C I TY PLANII I NG COM111 SS I ON
TNAT PETITION FOR VARIANCE N0. 29~~5 t~E GRAtIT[D
WHEREAS, the Anaheim City Pianning Commission did receive a verified
Petition for Variance from WATERHORN, IIJC., 312-A West Dall Road, Anaheim, California
92805, owner of certain rcal property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 1- That portio~ of the land of Ureyfus and others, as
shown on the ~nap of Anaheim Extension, surveycd by ldilliam Namel,
a copy of which is show~ in Book 3, Pages 162 et seq., entitled
Los Angeles County Maps, described as folla,rs: Comme~cing at the
intersection of the Easterly line of Wes[ Street 66.00 feet wide,
as sliown on a map of tfie repla[ of Orchard Park Trac[, recorded in
Book 7, page 6, Miscellaneous Maps, records of Orange County,
California, with the Soutfiwesterly line of 1lanchester Avenue,
100.00 feet wide as described in Parcel 2 of Final Order of
Condemnation in the Superior Court Case tlo. 33172, a certified
copy of a~hich Final Order is recorded November 7, t936, in Book
8G7, paye lt7c;, Official Records; thence South 1>° 42' t~0" East
ly1.G1 fee[ along tlie Eas[erly line of said West Street to an
anyle poin[ in [he Southti•~cs[erly line of land ~Jescribed in deed to
State of California, recorded April u, 1942, in Book 11l~5, page 30
Official Records, said pui~t beiny tl~e [rue point of beginning;
thence Sou[li 15° 42' 40" East lOli.G7 fec[ along the Easterly line
of said West Street to the North line of Nest Vermont Avenue, also
knawn as Broad Street, as shown on said map of survey of Anaheim
Extension; thence florth 74° 29' S6" East, alony the P~ortfierly line
of saiJ b1esC Verrnont Avenue, 5G>.07 feet to said Southwesterly
line of Manchester Avenue as described in said Final Order of
Condemna[ion recorded ~n book G47, paye 47£3, Official Records;
thence tlorth 40° 49' i+l" uest G6~S.99 feet along sald South~acsterly
linc to the I~orCherly terminus of Parcel i of tt~e Jeed to T. A.
Yungbluth, and others recorded in boo{: II21, page 285, Official
RecorJs; [hence South 1G° 36' 41" Eas[ along said tangent course
109.70 fect to thc Southwesterly line of land described in deed to
State of Cali`ornia, recorded May 19, 1950, in book 20i5, page 1~9,
Official Recu~ds; thence North li0~ 49' 41" Wes[ 5~i0.84 fee[ along
said Southwest~r!y iine to the Southeas[erly line of said land of
the State of California, recorded in bool: 114$, page 80, Official
Records; thence Sou[h G1° 31' SG" West, 37.70 feet to the point of
bcyinniny.
Together with the tJort!ieas[ 1/2 of ~dest Street adjoining said land
on the Southwes[.
Excepling therefrom thai portion lyiny IJortherly of the South line
of Parcel lio. 2, as shown on a Map filed in Eiook 52, page ;9 of
Parcel Maps in the office of tlie ~ounty itecorder of Oranye County,
California, ancl the Westerly ex[e~sfon thereof.
PC77-129
PARCEL 2- That por[ion of the North half of Vermont Avenue
vacated by Kesolutior, No. 69R~351 of the City Council of the City
of Anaheim, a certified copy of which was recorded June 23, 19b9
in Book 8998, page 406 of Official Records of Orange Lounty,
California, lying westerly of [he Sou[hwesterly line of Manchester
Avenue as describeJ in that certain Final Order of Condemnation in
ttie Superior Court Case No. 33172, a certiried copy of which taas
recorded November 7, t936 in Book 8~~7, page 478 of said Official
Records; and
WIiEREAS, the City Planniny Commission Jid hold a public hearing at the City
Ilatl in the City of Anaheim on June 2p, 1977, 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 Analieirn 1lunicipal Code, Lhapter 1L,03, to hear and consider
evidence for and ayainst said proposed variance a~d to investigate and make findings
and recommendations in connection tlierewith; and
WfiER[AS, said Commission, af[er due inspection, investigation and study made
by itself and in its behalf, and after Jue consideration of all evidence and reports
off~red st said hearing, does find and determine the following facts:
1. That the pe[itioner proposes the folloaiing rraiver from the Anaheim
FlunicEpa~ Lede to construct a free-standing siyn:
SECTIOIJ 1II.05.093.~7•1i1 - 11a~cimum sign height. (25 feet permitted
within 300 ft. o~ residential s[ructure;
43 feet proposed)
2. That the above-mentioned waiver is here6y yranted on [he basis that
similar sign f~eight waivers have bcen granted on adjacent similar properties,
abutting the Santa Ana Freeway; that resiJenccs e~st of thc freeway would be shielded
by existing trecs and shrubt,ery; and that denial of subject waiver would b~ denying a
privilege enjoyed !~y other property owners in the area.
3. Tha~ there are exceptional or extraordinary circumstances or condi[ions
applicable to the oroperty i~vulved or [o the ineended usc of the property that do
not apply generally to the property or class of use in [he sane vicinity and zone.
4. ThaC the requeste~l variance is necessary for the preservation and
enjoyment of a substantia! property riyht possessed by other property in the same
vicinity and zone, and denied to the property in question.
5. That [he requested variance will not be materially detrimental to [he
public ~relfare or injurious to [fie property or improvements in such vicinity and zone
in which the property is locaCed.
6. That no one indicated their presence at said public hearing in
opposition; and iha[ nr~ correspondence was received in opposition to the subject
peti tion.
EIIVIROt~MENTAL IMPACT FINUING: That tfic Director of the Planning Department
has determined that the proposed activity falls within the definition ot Section
3.01, Class I1, of the Anaheim C(ty GuidelinES to the Requirements for an
Environmental Impact Report and is, therefore, ca[egorically exempt from the
requirement to file an EIR.
-2- PC77-129
NOW~ TNEKEFORE, BE IT RESOLVED that the Anaheim City Planning Cortmission
does hereby grant subject Petition for Variance, upon the following condition which
is hereby found to be a necessary prerequisite to the proposed use of the subject
preperty in order to preserve the safety and general welfare of the Citizens of the
City of Anaheim:
S. That subject property shall be developed substantially in accordance
with plans and specifications on fite with the City of Anaheim marked Exhibit Nos. 1
and 2.
THE FOREGOING RESOLUTION is si9ned and appraved by me this 20th day of June,
~977.
~
CHAIRMAN, At~AHEiM Y PLAt4NIP~G COMMISSION
ATTEST:
~c~~' ~' ~,~L~
SECR[7A , NAfiEltl C~`~Y LAtINING COMMISSIOt~
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIt1 )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolutio~ was passed and adopted at a meeiing of
the Anaheirn City Planning Commission held on June 20, 1977, at 1:30 p.m., by Lhe
following vote of the mert,bers thereof:
AYES: COMMISSIONERS: BARIIES, DAVID, Y.It~G, LINN, TOLAR~ JOHN50t~
NOES: COMMISSIONERS: HERBST
ABSEPIT: COMMI SS I ONERS : NOt~E
Ild WITtIESS Wf1EkE0F, I have hereunto set my hand this 20th day of June, 1977.
~~ ~ ~~~.
ECRE R, TI NEIM I NN NG COHMI ION
-3- Pt77-tz9