PC 79-65RESOLUTIOM N0. PC 79-65
RESOLUTIOF7 OF TIiE ANAHEIM CITY PLANNIt~r, COHMISSIO~~
THAT PETITION FOR VARIArICE NO. 3084 BE Gf'.~NTED
NHEREAS. the Anahcim City Planning Commission dld recelve a verifled
Petitfon for Varlance from GEORGE A. GADE, Rancho La Paz. Inc., 5~~ Newport Center
Drive, Ner~port Beach, Californta ~2660, owner, and A. G, RICHTEP, ;0001 Crown Valley
Parl:way, Laguna Niguel, Californta 92677, agent, of certain rcal propcrty situated in
the City of Anaheim, County of Orange, State of Callfornia described as:
That portion of the southwest quarter of the sou;hcast quarter of
section 34, Township 3 South, Range 10 West, in the Rancho San
Juan Gajon de Santa Ana, clty of Anaheim, county of Orange, state
of California, as per map recorded in book 51 Page 7 of
Miscelianeous Maps, in the office of the county recorder of satd
county described as follows: Beginning 10 cfiains East of ~he
south~~est corner of the southeast quarter of satd sectlon; thence
East q chains, more or less, to che west line of thc r(9ht of way
of the California Central Raflway Lompany, as described in a deed
recorded in book ;27, paae 224, of Deeds, records of Los Angeles
County, Caiifornia; tlience tiorth 20 chains alon9 [he west line of
the said right of way to the north 1(ne of the sou[hwest quarter
of the soutlieast quarter of said section; [hence Nest 4 chains,
more or less, to a polnt 10 chains. East of the northwest corner
of the south~~est quarter of thc southeas[ yuarter of sald section;
thence South 20 chains, more or less to the potnt of beginninq.
EXLEPT thc South 15R.~0 fert of the o~est 15+).00 feet thereo`.
AL50 EXCEPT T}1EREFROM that portion of the southrrest quarter of the
southeast quarter of said section lying westerly of and adJacent
to the right of way of the California Central Railwiy Company, as
descriLed ln ueed recor~ed in baok ;27 page 22'. cf Dec~s, recor.}s
of Los Angelcs County, Lalifornia, and ly(ng easterly of a Ilne
parallel with and distant Vesterly 25.00 fect measured at rfght
an9les from the following described center line of the Los Angeles
and Salt Lake Railroad: Beg(nning at a poin[ on the south line of
said section, Jis[ant uest 35.00 feet from the Nest ltne of said
right of way of the Catlfornia Central Railway; thence North CP
degrees 45" West 947.8 feet parallel wlih said west line of rtght
of way to the point of be9tnning of a transi[ion curve concave
westerlY and Increasin9 in degree of curvature at a rate of 0.2
minutes per C.1 foot of curve; thence northerly along sald
transition curve 180.0~ feet to the point of beginning of a curve
concave westerly and having a radlus of 955.37 feet; thence
~~ortherly 196.78 feet on sald curve. AL50 EXCEPTING therefrom all
of that portion thereof described as follows: Beainning at a
poln[ North 35.00 feet and Nest 33.00 feet from the southeasc
corner of said cast half of the southwest quarter of the southwest
quarter of the southeast quarter of said Section 34; thence West
PC79-b5
14.00 feet; thence North 32.00 feet; thence, East 14.00 feet;
thence South 32.6Q feet to the polnt of begtnning.
KHE4EA5, thc City Plannin9 Lommtsslon did hold a public hearin9 at the Ctty
Hall in the City of Anaheim an March 26, 197?, at 1:30 p.m., notice of said public
hearTng having been duly given as required hy law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findi~gs
and recormendations i~ connection therewith; a~d
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideratton of ai! evidence and repor[s
offered at said hearfn9, does find and determine the following facts:
1. That the petitioner proposes a:iaiver of the following to conscruct an
addition to an existtng res[aurant:
SECT101~ 18.61.063.011 - Minlmum structural setback.
~ 50 oot ront setback required;
35 o~ot proposed)
2. That the proposed waiver is hereby granted on [he basis that the
structure is exlsting i~ the form of a covered walkway~ that the proposed additton
would be an improvement [o the property and surroundin9 arca, and that adjacent
property has been developed with a 5-foot high block wall wtthin the front 50-foot
setback.
3. That there are exceptlonal or extraordinary circumstances or conditlons
applicable to the property involved or [o the intended use of the property [hat do
not apply generaily to the property or class of use in the same vtcintty and zone.
4. That Lhe requested vartance is necessary for the preservation and
enJoyment o` a substanLFa1 propcrty rEghL possessed by atFer propcrty tn Lhe sane
victrii[y and zone, and denied to the proper[y in questlon.
5. That the reques[ed vartance will not be naterially detrimental to th~
pubilc welfare or inJurious to the property or improvements in such vicfnlty and zone
in which the property is located.
6. That no one indicated their presence at said puDlic hearing In
opposttlon; and that no corrtspondence was receTved In opposition to the subJect
petition.
ENVIRONMENTAL IMPACT FINDINC: The Planning Director or hts authorized
representac vc has deferm ned tha[ [he proposed proJect falls within [he definftlon
of Categorical Exemptions, Class 5~ as defined in Paragraph 2 of the Cicy of A~aheim
EnvTronmental Impact Report Guideltnes and Is, therefore, categorlcally exe~npt from
[he requirement to prepare an EIR,
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N041, THEREFORE. BE IT RESOLVED [hac thc Anahcim Lity Planntna Commission
does hcreby gran[ subJect Petition for Variance, upon the following conditions which
are hereby found [o be a necessary prerequistte to [he proposed use of thc subject
proper[y in order to preserve the safety and general welfare of the Cltizens of the
City of Anaheim:
i. That street lighttng facilities along Oranqethorpe Avenue shall be
installed prlor to the final butlding and zoning inspections unle;s otherwise
approved by the Director of Public Utilictes, and in accordance wlth specificattons
on file in the Office of the Director of Public Utilities; and/or that a bond,
certtficate of deposit, Ietter of credlt, or cash, in an amount and form satisfactory
[o the Ctty of Anahelm shail be posted wfth the Lity to guarantee :he instaltaclon of
the above-mentioned requiremen[s.
2. That trash sto~age areas shall be provided in accordance with approved
plans on file with the Office of the Dlrector of Public Works.
3. That the ormer(s) of suhject property shali pay the traffic signal
assessment fee (Ordinance No. 3896) In an amount as determtned by the City Council,
for commercial buildtngs prior to [he issuance of a buiidina permit.
4. That subject oroperty shal! be developed suhstantial'.y in accordance
with plans and specifications on f11e wi[h the Ltty of Anaheim marked Exhibit Nos. i
through 3.
5. That Condition No. 1, above-mentioned, shall be comolied with prior to
the cormencement of the activtty authorized under this resolutton, or prior [o the
time that the building permlt is issued, or wtthin a perlod of one year from d'ate
hereof, whichever occurs first. or such furCher time as [he Planning Commissio~ may
grant.
6. That Conditlon Nas. 2 and 4, above-mentioned~ shall bc complied with
prTor to final building and zoning tnspecttons.
BE IT FURTt1ER RESOLVED tha[ the Anahetm Ltty Ptanning Lommissio~ does hereby
find and determine that adopcion of this Resolutlon is expressly predicated upon
applicant's compliance wtth each and all of Lhe conditions heretnabove set forth.
Should eny sucfi condi[ton, or any part thereof, be declared tnvaltd or unenforceable
by the final judgment of any court of competent jurisdtctlon, then this Resolu[to~,
and any anprovals here(n contained, shall be deemed null and void.
THE FOREG014G RESOLUTIOti is stgned and approved by me this 25th day of
March, 1979.
H N~ M LANNING CAMM 55 ON
ATTEST:
b ~.l.~ ,~ ~41',tn...,,
SECRETARY~ ANAHETM CIT LANNI!~G 0~1.M155 ON
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STATE OF CALIFORq~A )
COUNTY OF 0'tA~Ir,E ) ss.
CITY OF ANAHEIM )
I, Edi[h L. Harris. Secretary of the Anaheim City P1ann)ng Cammission, do
hereby certify that the foreaofng resolu[ton was passcd and adopted at a mceting of
the Anahcim City Planning Commission held on March 26, 1?7Q, by the followina vote of
the members thereof:
AYES: LOM.'tI5510NER5: BARNES. BUSHORE, DAVID. NERBST, JOHN501i~ KING, TOLAR
NOES: COMHISSIONERS: NONE
ABSENT: COMMISSIONERS: NOtiE
197~.
III WITNESS blHEREOF, I have hereunto set ny hand [his 2~th day of Mareh~
~~ ~~° N~:.
SECRETAP,Y~ ANAHEI~1 CITY PLAMNitI~ COMNISSION
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