PC 80-192RESOLUTIOPI N0. PC 80-192
A FESOLUTIOI~I UF THE ANAfIEIM CITY Pl_AM!dI~IG CONMISSI(1N
THAT PETITiO~! FOR VARIA"ICE N0. 3167 BE GR~IPJTF!1, IM PAR?
WNEREAS, the Anaheim City Planning Commission did receive a verified
Peti*ion for Variance from DQN. M. FLETCHER, 713 North BaF:Pr Street, Santa llna,
Ca!ifornia 92703, oUm er, and APlAHEIM T~YOTl~ AtdD BRITISH MOTOR CP.4 DIS7P.IRUTORS, LTD.,
STEVEP! GEREPJ, 16'Jt South Anahelm Eoulevard, Anaheim, Califnrnia ~328~5, agents of
certain real property situated in the City of Anaheim, Cuunty nf Oranqe, State of
California described as:
LOTS A, X, Y AND ~4 ~0 1g INCLUSIVE, ANO 21, Tn 7.3 INCLUS11iE OF
TRACT N0. 190, AS PER i1AP RECORDED IM B001; 23 PAGF 5Q OF
MISCELLANEOUS MAPS, IM THE OFFICE OF TflE COII"!TY ~FCORDER OF SAlf1
CDUNTY. EXCEPT TH~T PORTI~N 0~ LQTS 1<<, 21, 22, 23, Y, AND Y LYIh~
E~ISTERLY OF THE FOLL04!! NG DESCP I BED L! fdE: BEG I NPI I NG AT A PO l hIT
ON THE NORTHERLY LINE OF SAID LOT :t, DISTAMT SOUTH J~ n~r. 5~' 25"
4lEST 76.00 FFET FP,OM THE ItdTEFS[CTIOF! OF SAID NORTFIF.RLY LI~IE llITFI
A LINE WHICH IS PARALLtL YlITH AND 140.0o FEET 41EST[RLY, MEASUP,ED
AT RIGIiT ANGLES, FROM ThIE WESTERLY LIPJE OF ?HE STATE HIGHWAY,
60.00 FEET UIDE, f1S SAID HIGHYlAY IS SHOIdN Old S.41D '1PP; THEhCE
SOUTH 6 DEG. 40' 00" WEST 17~.65 FEET TO A POIPJT 41NICH l3EARS PJOpTH
6 DEG. 40' 00" EAST 227.65 F~ET FP,Ot1 7HE MpST 4/ESTERLY CORPlER OF
THE LAND DESCRI[iED iN CERTIFICATE OF TITLE N0. !3112 OPJ FILE IN THE
OFFICE OF SAID COUP;TY RECORDER; THEPICE SOUTH 28 DE~. 24' S0" WES7
179•55 fEET TO A POINT OtJ TIiE 41ESTERLY LINE OF SAID LQT Y DISTAMT
NORTfi 1+0 DEG. 52' 20" WEST 90.12 FEET FROP1 THE SAID t10S? IJESTERLY
CORtdER. ALSO EXCEPT ANY PORTION THERE.OF LYItJG P~ORTHERLY (1F TFIF
SOUTH LINE OF THF tdORTN HALF OF TFIE NORTH HALF OF THE Sf1lITHEAST
QUARTER OF SECTIOM 22, TOWNSHIP 4 SOUTN, RANGE 10 WEST; AND
That portion of the Nl~! 1/4 of the Dl4! 1/4 of the S1d 1/4 Section 23
of T 4 5, R 10 W, 53M, and those Portlons or Lots 13, 14 and ".X"
of Tract No. 1°0, as per map recorded in Book :?3, page 5~, of
Miscellaneous Maps, in the office of the County Recorder of said
county, described as folloa~s: Beginning at the Northeasterly
term°nus of that course described as "P1 2$° 2~F~ 50" E, 179.55
feet" in deed (State Parcel !do. 152) to the State of California
filed December ?.4, 1952 in Volume 62, page 15297 of Register of
Titles ir, Orange Cou~ty Records in said office; thence along the
Northeasterly prolongation of said co~rse N 23° 24' 50" E, 7.10.68
feet to the South4~esterly terminus of that course shown as N 28 °
2~t' S0" E, 101.57 feet in the boundary of Parcel 6 of State
hlighaiay Relinquishment No, lEQ2, recorded December 2?, ~966 in Eook
8136, page 339 of Official Records in said office, and as
delineated and shaded on map recorded June 17, 1~6~ in Book Plo. 4,
page ~ of State fiighway P1aps in said office; thence along said
boundary for the following courses: Southv~esterly alonq a tangent
curve, cor,cave Northti~~esterly and having a radius of G~,Q(l feet,
through an angle of 61° 34' 35", an arc distance of 72.01 feet and
S o9° 59' ?5" ~~, 23.7`1 feet to that course descrihed as S 6° 40'
PC30-lg;?
00" W, 407.30 feet in deed (State Parcel No. 14~.-1) filed
Dec~mber 26, 1~41 in Volume 37, parye 99, Grantee's Duplicate 5970,
hiew Certificate 9112 in said o`fice; thence, leavin~ said boundary
and along tast said course S 6° t+0' 00 bl, 151,2D feet to the point
of beginning.
WHEREAS, the City Flanning Commission did hold a puhlic hearing at the Cfvic
Center in the City of A~aheim on November 3, 1980, at 1:30 p.m., notlce of said
~ubiic hearing having been duly given as required 6y ia~•r and in accordance with the
provisinns of the Anaheim Plunicipal Code, Chapter 1R,n3~ to hear and consider
evidence for and against said proposed reclassification anci to investigate and make
findings and recommendations in connection there~•~ith; ancl
41HEREAS, said Commission, afCer due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence artd reports
offered at said hearing, does find and determine the follo4iing facts:
1. That the petitioner proposes araivers of the fol)oti•~inq to retaln two
free-standing signs.
(a) SECTIONS 13.05.093.02?.
and 18.05.098 - Plaximum area of free-standing siqn.
350 square eet permitted;
3 0 square feet proposed)
(b) sEC'rior~s t8.o5.093.023
and 1P,05,09E3 - Permitted location of free-standing siqn.
i20 feet required fron abutting property;
5+~`feet existing)
(c) SECTIONS 18.OS.o93.0231
and 15,05.093 - Minimum distance bet~-~cen free-standino siqns.
300 feet required;
2f~5 eet existing)
(d) SECTIOhJS t8.05.093.025
and 1E.05.098 - Minimum qround clearance of free-standing sign.
Deleted
2, That the requested waivers (a), (b) and (c) are hereby granteci on the
basis that subject property is located adjacent to the Santa Ana Freeway and the
elevated Anaheim Boulevard-Haster Street overpass and that the property has no direct
access te a public street.
3. That the requested waiver (d) is hereby denieci on the basis it ls not
necessary.
4. That 2here are exceptional or extraordinary circumstances or conditions
applicable to the oroperty involved or to the intended use, as granted, of the
property that do not apply generally to the prooerty or class of use in the same
vicinity and zone.
-2- PC$0-142
5. That the requested variance, as granted, is necessary for the
preservation and enjoyment of a substantial property ri~ht possessed by other
property in the same vicinity and zone, and denied to the pro~erty in question.
~• That the requested variance, as granted, ~~~I11 not be materially
detrimental t~ the public welfare or injurious t•o the property or improvements in
such vicinity and zone in ~~hich the property is located.
7. Tfiat no one indicated thetr presence at said publir. hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
EPJVIR~F7PIENTAL IMPACT FINDIFJ~; The Planning Director or his auEhorized
representative has determined that the proposed project falls tiaithin the definition
of Categoricai Exemptions, Class 11, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, THEREFOP,E, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Variance, upan the following
condttions whicfi are hereby found to be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
i. That subjact property shall be developed suhstantially in accordance
with p)ans and specifications on file with the City of Anafieim marked Exhibit Mo. 1,
for the free-standingPsigns~ate permits shali he acouired from the Buildin9 Division
3. That all illegal and temporary on- and off-site signs advertising this
automobile dealership shall be removed,
4, That Condition ~1os. 1, 2 and 3 shal) be complied t•~ith within a period
of thtrty (30) days from the date herein or such further time as the P)anning
Commission may grant.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoptian of this Resolution is expressly predicated upon
aPplicant's compliance U~ith each and all of the conditions hereinabove set forth.
Shouid any such condition, or any part thereof, be declared invalid or unenforceab~e
by the final judgment of any court of competent jurisdiction, then tAis Resolution,
and any approvals herein contained, shall be deemed null and void,
THE FOREGOING RESOLUTI~N is signed and approved by me this 3rd day of
November, 1g80,
ATTE~T:
~ ~ .~ ;a'~ ~
SECRE7ARY, ANAHCIM CITY PLANNING COMMISSIOh!
v
CHAIR~tAtJ, PIAHEIM CIT LANNItJG COMMISSIOP!
-3-
PCBO-192
STATE OF CAL I FOR~d IA )
COUtJTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I~ Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on Plovenher 3, 19~i11, by the following vote
of the members thereof:
AYES: COMt~11SSI~JNERS: BOU/1S, 4USHORE, FRY, HERGST, KIfJG, TOLAR
NOES: COMMISSIOPJERS: tdO~aE
ABSEPlT: COMMISSIOPIERS: ~JOME
ABSTAIt•J: COMMISSIOPlERS: BARNES
~9ao.
IDl WIT~IESS WHEREOF, I have hereunto set my hand this 3rd day of November,
~~ ~ ~~-~
SECRETAP,Y, AMNHElM CITY PLAPIPJING C0~IMISSION
-~E- PC3o-192