PC 77-64RESOLUTION N0. PC77-64
RESOLUTION OF THE ANAHEIH CITY PLANNING COMMISSION
THAT PETI710N FOR VAKIANCE N0. 2913 BE OENIED.
Wt1~REA5, the Anahelm Clty Planning Commlsslon did recelve a verlfied
Petition for Vartance from CAL-AMERICAN INCOME PROPERTY, 4015-B N. 16th 5[reet,
Phoenlx~ Arizona 85G16 (ONnerj; G. D. GARDNER b ASSOC., 2404-8 N, Glassell Street,
Orange. California 92665 (Agent) of cercaln real property situa[ed (n the City of
Anahelm, County of Orange, State of Californla described as:
THAT PORTION OF THE NORTH HALF OF THE SOUTHNEST QUARTER OF SECTION 12, TOWNSMIP 4
SOUTH, RANGE 10 WEST, IN TH£ RANCHO SA~ JUAN CAJON AE SANTA ANA, IN THE CITY OF
AHAHEIH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SH041N ON A MAP
FIL~D IN DOOK 51, PAGE 10 OF MiSCELLANE0U5 MAPS, RELORDS OF SAID ORANGE COUNTY,
~ESCRIBED AS FOLLOWS:
BEGIHHING AT TNE INT~RSECTION OF THE uEST LINE OF SAID SOUTNUES7 QUARTER WITH THE
CEt~TERLIHE OF LINCOLN ~VENUE, FORMERLY ANAHEIH-OLIVE ROAD; THENCE SOUTH 78° 5z'
30" EAST 102.50 FEE7 ALONG SAID CENTERLINE TO THE NOaTHW~1T CORNER OF THE LAND
DESCRIBED IN PARCEL 1 OF THE DEED 70 DANIEI J. ALLEC AND NIFE, RECORDED MARCH 17,
196o IN BOOK 5151 PAGE 361, OFFICIAL RECORDS OF SAID ORN;WGE COUNTY; TIiENCE SOUTH
0° 24' 15" WEST 134.85 FEET ALOt~G THE WEST LINE OF SAID LAND, TO THE SOUTHWEST
CORNER OF SAID LAND; THE~~CE SOUTH 78° 52' 30" EAST ALONG THE SOUTHERLY LINE Of
SAID LAND TO A LINE 7HAT IS PARALLEL WITH AND DISTANT 15~.00 FEET EASTERLY FROM
THE WEST LINE OF SAID SOUTH'~EST QUARTER OF SEC7tON 12, SAID POIN7 OF INTERSECTION
BEiNG AN ANGLE POINT IN THE BDUNDARY OF THE LAND OESCRIBED IN THE LEASE AND
AGREEMENT OF SALE BE7WEEN MIL70N JOSEPH SEIGEL, ET AL, AND FOREST LAWN CEMETERY
ASSOCIATION RECORDED MAY 3, 1967 IN BOOK 6242 PAGE 533, OFfICIAL RECORDS; THEPICE
ALONG THE NORTHERLY LINE OF SAID L~ND TO THE NOR7HEAST CORNER OF SAME; THENCE
NORTH 0° it' 45" EAST 126.92 FEET ALONG 7HE NORTHERLY PROLONr,A710N OF THE EAST
LINE OF SAID LAND, TO THE CENTERLINE OF SAID LINCO!N AVENUE; THENCE ALONG SAID
CENTERLIHE SOUTH 78° 5Z' 30" EAST 1410.46 FEET TO TNE NQRTfIEAST CORN~R OF TNE
LAND DESCRIBED IN PARCEL 1 OF THE DEED TO FOREST IAUN CEMETERY ASSOCIATION
RECORDED DECEMBEa 30, 1960 IN BOOK 5570 PAGE 213, OFFICIAL RECORDS; TNENCE
SOU7HERLY ~001.;4 FEET ALONG TNE EAST LINE OF SAID LAND TO THE SOUTHEAST CORNER
OF SAID LAND, SAID CORNER BEING IN THE SOUTti LINE OF TIiE NORTHEA5T QUARTER OF
SAID SOUTHUESi QUAFTER; THENCE wESTEFLY 316.00 FEET ALQNG SAID SOUTH LINE TO TNE
SOUTHUEST CORNER ~F SAtD NORTHEA57 QUARTER, BEING AL50 THE SOUTHWcS7 CORNER OF
SAID PARCEL 1; THENCE NOR7HERLY 331.72 FEET ALONG THE WEST LI~E OF SAID N6°';9~AST
QUA~TER, TO THE SOU7HEAST CORNER OF THE HORTH HALF OF THE SOU7HEAST QUAR?E'r. OF
THE NORTHWEST QURRTER Of TNE SOUTNNEST QUARTER OF SAID SECTION 12; BEING ALSO THE
SOUTHEAST CbRNER Of THE LAND DESCRIBED IN 7HE DEED TO FOREST LAUN CEMETERY
ASSOCIATION, RECORDED JANUARY 14, t959 IN BQOK 4547 PAGE 442, OFFICIAL RECORDS;
THENCE ALONG THE SOUTH LINE OF SAI~ LAND SOUTH 89° 52' 48" NEST 660.81 FEET TO AN
ANGLE POINT IN SAID LINE; THENLE ALONG SAID SOUTH LINE AND ITS WES7ERLY
PROLONGATION, SUUTN ~9~ 52` 51" ~EST 660.81 FEET TO THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 12; TNENCE NORTH 0° 11' 45" EAST 993.61 FEET ALONG SAID
uE5T LINE, TO THE POINT OF BEGINkING.
EXCEPT THAT PORTION SHOWN A5 PARCEL 4 ON A MAP fILEO IN BOOK 10 PAGE 38 OF PARCEL
MAPS RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commtssfon df6 hold a public hearing at the Ctty
Hall In the Ctry of Anahelm on March 14, 1977, at 1:30 p.m., nettce of sald public
RESOLUTION N0. PC77-64
hear(ng having been duly glven as raquired by law and ln accordance w(th the
pravislons of the Anahelm Munic(pal Code, Chapter 18.03, [o hear and consider
evldence for a~d agal~st satd proposed varlance and Co Investlgate and make findings
and recortrnendatlons ln connectlon therewlth; and
11NEREAS, said Commission, efier due inspectlon, Investlgatlon and study made
by itself and in its behalf, and after due consideratlon of all evtdence and reports
offerod at said hearing, does find and determine che follawing faccs:
1. That the petitfoner proposes [he following walver from the Anahelm
Munlcipal Code, to establlsh an automotlve and boat repair facillty In the CL
(COMMERLIAL. LIMlTED) ZONE:
SELTION 18.44.020 - Permltted uses. {Auto and boat repalr
not perm tte
2. That the above-mentioned walvcr le hereby denied on the basis that the
proposed industrlal use Is not compatible with the exlsting commercial uses at the
subJect locatlon and the surrounding residentlal area due to notse, trafftc, and
other poCCntlal undesirable Impacts generated by the proposed buslness; and that the
petltloner did not demonstratc tha[ a hardship wnuld be crcate~ if sald Halver was
not 9ranted.
3. That there are no exceptlona) or extraordinary circumstances or
conditions appiicable Lo ~he proper[y involved or to the intended use af the property
that do not apply generally to the property or cla~s of use ln the same vicinity and
zone.
4. That the requested variance is not necessary for the preservatlon and
enJoyment of a substantlal pr~perty rfght possessed by other property In the same
vicintty and zone, and denied to the property In question.
5. That Lhe requested varlance will be materlally detrlmental to the
public welfare or InJurious to the property or lmprovements ln such vlcinlty and zone
In which the preperty Is loca[ed.
6. That iwo (2) pers~ns appeared at sald public hearing ln oppositlon; and
that two (2) ietLers were recelved ln appositlon to the subJcc[ petition.
ENVIaONMENTAL IMPACT FINbING: That the Anahelm Clty Planning Commisslon has
revlcwed the sub ect pro ect, cons sting of a proposal to estebtish an automotlve and
boat repair facility In an exlstiny commerclai shopping center on approximately 28.8
acres locatxd at the southeast corner of Ltncoln Avenue and State College Boulevard,
and does hereby recommend to the Llty Councl) of the Llty of Anahelm that a Negative
Declaratlon from [he requlrement to prepare an envlronmental lmpact report be
approved for thls proJect on the basls thac :here would be no signlftcant l~~lvidual
or cumulative adverse impacts on the environment due to approvai of this Negatlve
Declaratlon, as tndicated In the Initlal Study submitted by the applicent; and that
the Negatlve Oeclaratlon substantlating the foregoing findings is on flle In the
Office of the Plenning Depertment at City Hall.
NOV, THEREFORE, BE IT RESOLVED thet the Anahelm City Planning Commission
does hereby deny subJect Petitlon for Varlance on Che basls of the aforementloned
findings.
-2- RESOLUTION N0. PC77-64
7HE FOREGOING RESOLUTIQN Is signed and approv d by me thls 14th day of
March, i977.
CHAIRNAN AN M CITY PLANNING COMMISSION
A7TEST:
~-~/hZ/~~ ~l % J~i~1~sf~si~
SECRETARY PRO TEMPORE
AkAHEIH CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUN7Y OF ORANGE )ss.
CITY Of ANAHEIN )
I, Pamela H. Santala, Secretary Pro Tempore oF the Ana~eim City Planning
Comm)s~Ion, do hcreby certify that the foregoing resolution was passed and adopted at
a meeting of the Anahelm Lity Planning Commisslon, held on March 14, 1977, ac 1:30
p,m., by the following vote of thc members thereof:
AYES: COMMISSIONERS: BARNES, KING, MORLEY~ TOIAR, JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: OAVID
ABSTAiN: COMMISSIONERS: HERBST
IN NITNE55 WHEREOF, 1 have hereunto set my hand thts 14th day of March, 1977
~-~ ~~'i.~~~.~`--~~
3~ RE R RO TEM RE
ANAHEIM CITY PLANNING COHMISSION
'3- RESOLUTION N0. PC77-64