PC 79-91RESOLUTION N0. PC 79-91
A RESOLUTIOt~ OF THE AtlAHEIM CITY PLAMqING CONMISSIOPI
THAT PETITION FOR VARIANCE N0. 3090 BE GRANTED, IN PART
WHEREAS. the Anaheim C(ty Planning Commission did receive a verified
Pet(tion for Variance from IMPERIAL ASSOCIATES, 4121 Westerly Place, Suite 105,
Newport Beach, Calffornia 92660, owner, and NICNAEL CHRISTIA~l, 5640 East La Palma
Avenue~ Anaheim, California 92807, agent, of certain real property situated in Che
City of Anaheim, County of Orange, State of California described as:
Parcel A: That portion of the Thira ~lass Land alio[ted [o R.
Rivas, as described in the Final Decree of Partition of the Rancho
Canon de Santa Ana, a certified copy of which was recorded
February 8, 1874 in Book 28, page 158 of Deeds, records of Los
Angeles County. Catifornia, described as follows: Parcel tJo. 4 as
shown on a Map filed (n Book. 100, pages 17 and 18 of Parcel tlaps
in the Office of the Cou~[y Recorder of Orange County, California.
Exceptirg [herefran that portion inciuded within [he land
described in deed recorded May 27, 1?77 in Book 12215. Page 746 of
04ficial Records of said Orangc County.
Parcel B: That portion of [he Third Class Land ailotted to R.
Rivas, in the Final Decree of partltion o~ the Rancho Canon de
Santa Ana, a cercif(ed copy of which was recorded February 8, 187!!
in Book 28, page 158 of Decds, In the office of the County
Recorder of Los Angeles County, California, is described as
follows: Begtnning at a point on the Southerly prolongation of
the Easterly line of Tract ~~o. 925, recorded in Book 2Q, pa9es 42,
43 and 44 of Miscellaneous Maps, in the office of ihe Coun[y
Recorder of said Oranqe County, a distant South n° O1' 40" West
152.71 feet from the Southeast corner of Lot 6 of said 'iract;
thence ~~orth 0° Ot' 40" East 152.71 feet to said Southeas[ corner;
thence Northerly 245.73 fect along said Eosterly line to the
Northeast corner of Lot 7 of said Trac[; thence North 80° 07' S0"
East 116.67 feet to the Southwest corner of [lie iand descr'bed in
the decd recorded February 14, 1930 in 9ook 35~. Page 171 of
Official Records; thence North 88~ 04' East 15~.00 feet alon9 the
Southerly line of the land described in said deed to the Southeast
corner thereof thence South 1° 56' East 2~i5.24 feet [o a point on
a line distant North $4° 37' 10" East 276.45 feet from the
Southeast corner of said Lot 6; thence South t° 56' East 191.~+4
feet; thence North 87° 25' west 281.65 feet to the point of
beginning. 'cxcept tha[ portion described in the deed recorded
October 29, ~938 in book 951, Page 579. Official Records. Aiso
except that portion described tn a deed recorded March 1, 1°72 in
Dook 10020, page 928, Official Records. Also except [hat portion
described in a deed recorded August 17. 1g76 in book 11853, page
306. Official Records.
NHEREAS, the City Planning Commfssion did hold a public hearing at the City
Hall in the City of Anaheim on May 7, 1979, at 1:30 p.m., notice of said public
hearing having been duly given as requlred by law and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider
PC79-91
evidence for and against sald proposed variance and to investigate and make findings
and recommendations (~ connection therewtth; and
NHEREAS, said Commission, after due inspection, investlgatfon and study made
by itself and in its behalf, and after due constderatfon of all evidence and reports
offered at said hearing, does find and detcrmine the following facts:
1. That the petitioner proposes waivers of the following to retain fnur
existing illegal signs:
(a) SECTION 18.05.064.030 - Prohibited si ns
advertisin statues not permitted;
t statue ex sting
(b) SECTION 18.05.091.020 - Maximum number of watl si ns.
1 wall s qn permitted; 3 existing)
2. That the proposed waiver (a) is hereby granted on the basis that the
existing bovine statute~s not clearly visible from any public street nor adJacent
property, and is used as an amusement device for children rather than for advertising
purposes.
3. That [he proposed waivcr (b) Is hereby granted, in par[, allowing the
existtng wall sign facing northerly tov~ards La Palma Avenue to be retained on the
basis that it cannot be read from either La Palma Avenue nor Imperial Highway;
allorring thc vrall sign facing easterly towards Imperial Highway; and denying the
existing wall sign facing south towards the Rivers(de Freeway on the basis that no
hardship exfsts due to the size and shape of the property, and [hat it does not
differ from o[her nearby properties similarly zoned and developed, and that the
property is not be(ng deprfved privlleges being enjoyed by other properties tn the
same zone and vicinity.
4. That there are excepttonal or extraordinary circumstances or conditions
appllcable to the property involved or to the tntended use. as granted, of the
property that do not apply generally to the property or class of use in the same
vicinlty and zone.
5. That the requested variance, as granted, is necessary for the
preservatton and enJoyment of a substantial property right possessed by other
property in the same vicintty and zone, and dented to the properiy in ques[ton.
6. That the requested variance, as granted, will not be materially
detrimental to the public welfare or injurtous to the property or improvements in
such vicintty and zone In .ahich the property is located.
7. That no one indicated thetr presence at said public hearing in
opposition; and that no correspondence was received in opposftion to the subJect
petition.
ENVIRONMENTAL IMPACT F~NDING: The Planning Director or his authortzed
representative has determined that the proposed project falls within the defini[ton
of Categortcal Exemptions, Class il. as defined in Paragraph 2 of the Clty of Anaheim
Environmentai Impact Report Guidelines and ts, therefore, categorically exanpt from
the requlrement to prepare an EIR.
-2- PC79-91
NOW~ THEREFORE, BE IT RESOLVED tfiat the Anaheim City Plan~ing Commission
does hereby grant, in part, subject Peiition for Variance. upon the following
conditlons which are hereby found to be a necessary prerequisite to the proposed use
of the subject proper[y tn order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
t. That subject property shall be developed substantiaily in accordance
with pians and spectfications on file with the Gity of Anaheim marked Exhibit Nos. 1
and 2, provided, however that the wall sign facing southerly towards the Riverside
Freeway shall be removed.
2. That the owner(s) of subject property shall request and be granted
approval for [he delet(on of Conditton No. 6 of Resolution No. 76-R-7Q4 approved in
connectfon with Reclassification No. 76-77-16 which states: "That the proposed
development shall comply with all signing requirements of the Scenic Corridor Zone
Overlay, as stipulated to by the petitioner."
3. That the existing o~ail si9n facing southerly [owards the Riverside
Freeway shall be removed ~~i[hin twenty-two (22) days from the date hereof.
BE IT FURTHER RESOLVED that the Anaheim City Planning Comriission dces hereby
find and determine [hat adoption of this Resolution is expressly predicated upon
applicant's compliance with each a~d atl of the conditions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court of conpetent jurisdictfon, then this Resolution,
and any approvals hcrein contained, shall be deemed null and void.
TNE FOREGOING RESOLUTIOH is signed and approved by me this 7th day of Nay,
1979•
A, ANAN IM L N~lING COMMIS ON
ATTEST:
~~C .~° ~l.~,~:.
SECRETIIRY~ ANAHEIM CITY~PLANNING CONMISSION
57ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF A~U~HEIM )
I, Edtth L. Harris, Secretary of the Anaheim City Planning Carx;iission. do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Lommtssion held on May 7, 1979. by the following vote of
the members thereof:
AYES: COMMISSIOtJERS: BARNES~ BUSHORE, DAVID~ HERBST, JOHNSON. KI~IG, TOLAR
NOES: COMMISSIONERS: NOHE
ABSENT: COMMISSIONERS: NONE
IN wITNE55 11HEREOF, t have hereunto set my hand this 7th day af May, 1979.
SECRETARY, A~EiM C~ PLANNING COMMISSION
:3- Pt79-°1