PC 80-86RESOLUTIOfI NQ. PC ~3n-8~,
P,ESOLiJTIOM OF THE AtJAiIEIM CITY PL/1tJIJING cor~rtisslor~
THAT PETITIOPJ FOP, VARIAtJCE N0. 314~ BE GRl1tlTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from SAV-OP! REALTY, IPJC., 1500 South Anaheim Boulevard,
Anaheim, California g2305, oam er of certain real property situated in the City of
Anaheim, County of Orange, State of California described as:
PARCEL 1: THE NORTH 15 ACRES OF TNE E.4ST 33.1~ ACP,ES OF THE
IJORTHWEST QUARTER OF THE SOUTHI•lEST QUARTER OF SECTION 23~ TOWNSHIP
4 SOUTH, RANGE 10 WEST, IN THE RAIJCIIO SAPJ JUAN CAJOFI DE SANTA ANA,
CITY OF AP~AHEIM,COUPJTY OF ORAMGE, STATE OF CALIFOP,NIA, AS PER MAF
RECORDED IF1 BOOK 51 PAGE 1f; OF MISCELLA~IEOUS MAPS, IP! THE OFFICE
OF THE COUNTY RECORDER OF SAID CQUNTY. SAID LA~lD IS SHOIJN OPJ A
MAP FILED IN BOOK 51 PAGE 22 OF RECOP,D OF SURVEYS, I~! THE OFFICF
OF THE COUPITY RECORDER OF SFlID COUPlTY; AND
PARCEL 2: THE WEST HALF OF THE NORTHEAST 2UARTER OF TNE SOUTHIJEST
QUARTER OF SECTIO~! 23, TOWMSHIP 4 SOUTHy RA~1GE 10 IJEST, IN TNE
RANCHO SAtJ JUAN CAJOt4 DE SANTA ANA, CITY OF aNAHElF1, COUPlTY OF
ORAPJGF., STATE OF CALIFORNIA~ AS 5H0!•!N ODl A t1AP RECORDED IP! B00l; 51
PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORAMGE COUMTY,
CALIFORNIA, EXCEPTING THEREFROM THAT PORTION LYIPJG PIORTHEASTERLY
OF THE SOUTHIJESTERLY LIFlE OF THE SAPlTA ANA BRANCH OF THE SOUTHERN
PACIFIC RAILROAD COMPANY 41NICH FXTENDS SOUTHERLY ACRO55 SAID IJEST
HALF OF THE NORTHEAST QUARTER OF THF. SOUTHWEST QUAP,TER OF SECTIOPJ
Z3. ALSO EXCEPTI~dG THEREFROM TNAT PORTION LYI~dG SOUTHERLY OF THE
NORTHERLY LINE OF THE LAND DESCP,IBED It! PARCEL 1 OF A DEED TO THE
SOUTHERN CALIFORNIA EDISON COMPA~lY, A CORPOP,ATIOPI, RECORDED
SEPTEMBER 20, 1961 IN BOOK 5~54 PAGE 457, OFFICIAL RFCORDS.
WHEREAS, the City Planning Commission did
Hall in the City of Anaheim on P1ay 19, 1gB0, at 1:30
hearing having been duly given as required by
provisions of the Anaheim Municipal Code, ChaFter
evidence for and against said proposed variance and
and recommendations in connec:ion therewith; and
iold a public hearing at the City
p.m., notice of said public
law and in accordance with the
18.03, to hear and consider
to investiqate and make findings
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evTdence and reports
offered at said hearing, does find and determine the following f~~cts:
1. That the petitioner proposes a~aaiver o` the folio~oing to construct a
fence:
SECTIOP! 1G,G1.064.020 - Maximum fence height.
30 inches permitted in front
10 feet ,long Cerritos Avenue;
15 feet prooosed)
PC80-86
2. That the above-mentioned araiver is herehy granted on the basis that the
petitioner demonstrated that a hardship exists ir, that strict appltcation of the
zoning code deprives the property of privileges enjoyed hy other property under
identica) zoning classification in the vicinity.
3~ That the proposed variance is hereby granted subject to the
petitioner s stipulation that the fence shall be structurally designed to meet all
Codes of the Building Division of the City of Anaheim.
4. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use ef the property that do
not apply generally to the property or class of use in the same vicinity and zone.
5• That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
6. That the requested variance will not be materially detrimental to the
public tiaeifare ar injurious to the property or improvements in such vicinity and ~one
in afhich the property is located.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence ~•~as received in oppositton to the subject
petition. _
EtJVIRONI1ENTAL IMPACT PIPJDING: The Planning Director or his authorized
representative has determined that the proposed project falls a~lthin the defini~ion
of Categorical Exemptions, Class 3, ac defined in Paragraph 2 of the City af Anaheim
Environmental Imoact Report Guideltnes a~d is, therefore, categoricaiiy exempt from
the requirement to prepare an EIR.
NOIJ~ 7HEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the follrnying conditions which
are fiereby found to be a necessary prerequisite to the proposed use of the subJect
property in order to preserve the safety and general ~oelfare of the Citizens of the
City of Anaheim:
1. That the owner(s) of suhject property shall submit a letter requesting
the termination of Conditional Use Permit PJo. 1396 to the Planning Department.
2. That subject property shall be developed substantialiy in accordance
with plans and specificattons on file with the City of Anahei~ marked Exhibit Nos. 1
and 2.
3. That Condition No. 1, ahove-mentioned~ shall he complied with prior to
the commencement of t5e activity authorized under this resolution, or prior to the
time that the buildin9 permit is issued, or o-rithin a period of one year from date
h~ereof, ~•~hichever occurs first. or such further time as the Planning Commission may
grant.
4, That Conditton Plo, 2, ahove-mentioned, shall be complied with prior to
fina) butlding and zoning inspections.
-2- PC80-~F
BE IT FURTHER RESOLVED that the Anaheim City Plartning Commission does hereby
find and determine tf~at adoption of this Resolution is expressly predicated upon
applicant's compliance ~~~ith each and all 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 competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
1980.
TNE FOREGOIIdG RESOLUTIOt1 is signed and approved by me this l~th day of May,
C~~k.~a-~1~..~ J°. ~5`~t-~-~-~/
CHA I RI-IOMAPI, APIAHE i M C ITY PLAP~FI I P!G COMM I SS I ON
ATTEST:
~~.:~., ~ _° -~,,.~,
SECRETARY, ANAHEIM CITY PLA~~NING COMHISSIOFI
STATE OF CAL'FOP,NIA )
COUNTY OF ORANGE ) ss.
C 17Y OF APlAHE IM )
I, [dith L. Ifarris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution a~as passed and adopted at a~eeting of
the Anaheim City Planning Commission held en t4ay 19, 198~, by the following vote of
the members thereof:
AYES: COMh11SSI01JERS: BARP~ES, EiU51-IORE, DAVID, FP,Y, HEP.BST, i:irar,, TOLA4
NOES: COMMISSIONERS: NONE
ABSEFIT: COMMISSIOPJERS: IJUPIE
IN WITNESS WHEREOF, I have hereunto set my hand this tqth day of May, 19R0.
~~ ,~° ~.~.:.
SECP,ETARY, ANAHE111 CITY PLANNING COMMISSION
-3- PC8o-86