PC 81-15.-~
RESOLUTIOP! N0. PC81-15
A RESOLUTIOP! OF T4E ANAHElM CITY PLAtJPlING COMMISSION
THAT PETITION FOR VP.RIAPICE N0, 31R6 BE GR/1PITED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from SOUTHERN CALIFORpJIA EDIS(1N COMPANY, RIGHT-OF-WAY
DEPARTMENT~ P. 0. Box 23~7, Santa Ana, California 927n7~ o~~~er, and DON TAKAI, 3174
West Rome Avenue, Anaheim, Californta 92804, agent, of certain real property situated
in the Ctty of Anahetm, County of Orange, State of California described as:
The Easterly 2G5 feet of the East half of the Southwest quarter of
the Southeast quarter of Section twelve, Township four South,
Range Eleven 4/est~ S.B.B, a~d Id,, in the Rancho Los Coy~tes.
EXCEPTIN~ TfIEREFROPI the South ~~0 feet thereof, /1LS0 EXCEPTIPJG
THEP,EFROM the North 60 feet of the South 7~~6.66 feet thereof.
WHEREAS, the City Planning Commission did hold a puhlic hearing at the Civic
Center in the City of .0.naheim on January 12, 1?(i1, at 1;3n p,m,~ notice of said
public hearing having been duly given as required by la~o and in accordance wlth the
provTsions of the Anaheim Municipai Code, Chapter 13,03, to hear and consider
evidence for and against said proposed variancP and to tnvesttgate and make findings
and recommendattons in connection therewith; and
WHEREAS, said Commission~ after due inspectlon, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing~ does find and determine the fol)a•~ing facts:
office trailerThat the petitioner proposes a waiver of the following to retafn an
SFLT~O'~ 7•°-•z1."3~ - Permitted accessor uses and structures.
0 ce tra er pro te ;
o ice trai er existtng at a plant nursery)
2. That the above-mentioned a~aiver ts hereby granted on the basis that the
petitioner demonstrated that a hardship exists in that the plant nursery property (s
leased from Southern California Edtson Company and no permanent structures are
permitted.
3~ That the requested variance is hereby granted sub_ject to the
petitioner s stipulatTon that the extsting gate to Linc~ln AvPnue shall be posted
with a sign indicating the gate is to be left open durln~ regular bustness hours.
4. That there are exceptional or extraordinary circumstances or conditions
appticable to the property involved or to the intended use of the oreperty that do
not apply generally to th~e property or class of use in the same vicintty and zone.
5. That the requested variance ts necessary f~~ the preservation and
enJoyment of a suhstantial property right possessed by other property in the same
vicintty and zone, and d~ntPd t~ the prope.rty ln question.
PC81-15
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6. That the requested variance a~ill not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone
in which the property Is located.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence ~~as received in oppositlon to the subJect
petition.
ENVIRONMENTAL iMPACT FINDI~JG: The Planning Director or his authorized
representative has determined that the proposed proJect falls ~•~ithin the definition
of Categortcal Exemptions, Class 3, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Gutdelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
NOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the folloa~ing condittons which
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in order to preserve the safety and general ~•~elfare of the Cittzens of the
City of Anaheim:
1. That trash storage areas shall be provided in accordan:e with approved
plans on file ~~ith the Office of the Executive Director of Pubiic lJorks.
2. That the existing gate on Lincoln Avenue shall be posted with a stgn
specifying that the gate is to remaln open during regular business hours.
3. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit No. 1.
4. That Condition Nos, t~ 2, and 3, above-mentioned~ shall be complied
withfn a period of 60 days from the date herein.
CE iT FURTFitR ~~ESOLVLD tiiat the Anaheim City Pianning Commission uoes hereby
find and determine that adoption of this Resolution is expressly predlcated upon
applicant's compliance with each and all of the conditions hereinabove set forth.
Should any such cornjiti~n, or any part ~~hereof, be declared invaltd or unenforceable
by the final Judgmen[ of any court ot competent jurisdlction~ then Lhts Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTIOFI is sign~d and approved by me thls 12th day of
January. 1~81.
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f! I M H, N H TM ~`T L NN N C MM T
ATTEST:
SECF~ETARY~ NAHEIM CITY PLA.-~NINr, CO-•IhISSIO~t
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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1, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolutlon was passed and adopted at a meeting of
the Anaheim City Planning Commission held on January 12, 1~~1, by the following vote
of the members thereof:
AYES: COMMISSIOMERS: BOUAS, BUSHORE, FRY, KIHG, TOLAR
NOES: COMMISSIONERS: ~70NE
ABSENT: COMMIS510NERS: BARNES, HERBST
lPl WITPIESS WHFREOF, I have hereunto set my hand this 17.th day cf January,
1981.
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SECRETARY, "7AHEIM CIT PLANMlPlG CQMM SSION
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PC81-1~
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RFSOLUTIO"1 t10. PC81-i
A RESOLU?{01! OF THF. AtJAf'[i"t CITY PLAWPII~1~ CNIMISSI~!d
THAT PETITIOi; FOR VpRIAtICF N0. 31"5 BF GR,qNTED
41HE^EAS, the Anaheim City Planninn Commission did rereive a verified
Petition for Vartarce from SOUTI'ERI; CqLlFnrr~lA EDIS~n! Cn!qPqp~y~ RIGHT-OF-WAY
DEPARTMENT, P, 0. Box 23~7, Santa Ana, California ~27n]~ o~.~ner, ana D~PI 7AK.A1, 3174
41est Rome Avenue, Anaheim, Califo rnfa 92p0-i, aqent, of certain real property situated
in the City of Anaheim, County of Orange, St~te of f,alifornia cl=scribed as:
Tne Easterly 2G5 fieet o` the East half of the Southo-~est quarter of
the Southeast quarter of Section t~•~elvr, Too-mship four 5outh,
Range Eleven Llest, S,E.R, and ~1,, in the °anchu Los Coyotes.
EY,CEPTItJG Tf!EP,EFROF! the South h~ fr_et thereof, I1Lc0 EY,CFPTIPJG
THEP,EFROM the Florth 5~ fcet of the South 7~~(.F(, feet thereof,
',~F~ERE~1S, the City Planning Commission did hold a ~uhlic hearinq at the fivic
Center in the City of Anaheim en January i~, 1?t31, at 1:3n p,m., notice ~` said
public hearing ha~~inn been duly given ~s re~uired by ?aa~ and in accordance with the
provisions of the Anaheim Pluricipal Code, Chapter ?3,03, te hear an~l consider
evider,ce for and against said proposed variance and to investigate and make findin:;s
and recommendations in connection there~•~ith; and
41HEP,EAS, said Commission, after due insp~ction, invFStiaation ar.d study ma~{P
by itself and in its behalf, and after due considerati~n of ail evidence and re~orts
offered at said hearing, does find ar,d determine the fo11o~.~ing facts:
1. That the p~titioner nr~n~e.~c
oFi ice ~rai ier: - ~~ ~~-~ `~~ ~'~~ ~-ui icx~iinn t~ retain an
SECTIO"J 14.21,03n - permitted accessory uses and structures.
0 ice trailer prohibited;
of ice trailer er,istinq at a plant nursery)
2. That the ahove-mentiened a~aiver is hereby granted on the basis that the
petitioner demonstrated that a hardshi~ exists in that the plant nursery property is
leased from Southern California Edison Com~,any and no permanent struct~res are
permitted.
3. That the requested variance is hereby grantzd subiect to the
petitioner's stipulation that the existinG aate. to Lincoln Avenue shal7 be posted
wlth a sign indicating the gate is to be left open durin~ re~ular business hours.
4. That there are er,ce~tional or extra~rdinary circumstances or conditfons
aprlicable to the prenertv involved or to the intended use of the ~roperty that do
not apply qenerally to the prnperty or class of use in the saeie vicinity and zone.
5. That the requested varlanc~ is nec~ss~ry f~r the preservarion and
enjoyment of a suhstantial property ri9ht pnssessed hy other Property in the same
vicinity and zone, and d~nied to the property in question.
PC%i1-15
G. That the requested variance ~iill not be materially detrimental to the
pub:ic ~•~elfare or injurious to the pronerty or im~r~vements in such vicinity and zone
in ~~~hich the property is located,
7. That no one indicated their presence at saicl public hearing in
opposition; and that no correspondence ~~as received in opposition to the subject
petition.
ENVIRONMEtdT~L IMPACT FIt,DI!JG: The Planning Director or his authorized
representative has determined that the prnposed project falls ~~ithin the definition
of Categorical Exemptions, Class 3, as defined in Paraaraph ? of the City of llnaheim
Environmental Impact Report Guidelines and is, therefore, cat~gorically exempt from
the requirem ent to prepare an EIR,
N01d, THEREFORF, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Fetition f~r Variance, upon the follo~•rinq conditions which
are hereby found to be a necessary prere~uisiYe to the proposed use of the subject
property in order to preserve the safety and general ~•ielfare of the Citizens of the
City of Anaheim:
1. Tnat trash storage areas shall be provided in accordance ~•~ith a,p~oved
plans on file ~•~it~ t'~e Of(ice of the Executive Oirector of Public blorl:s.
2. That the existinc~ gate on Lincoln Avenue shali he pnsted with a sign
specifying that the gate is to remain open durinn regular business hours.
3. That subject pro~erty shall be developed substantially in accordance
with plans and specifications on file ~~~ith the City of Anaheir~ marl<ed Exhlhit "Jo. 1.
~E, That Condition Nes. 1, 7_, and 3, above-mantior.ed, shali be canplied
witnin a neri~d ~f ~0 clavs fr~m rhn ~i~r~ h..r~~..,
BE IT F~_!RTHER RFSOLVED that the Flnaheim City Planning Commission daes hereby
find and determine that adoption of this Resotut?on is expressly predicated uoon
appltcant's compliance ~•iith each and all of the conditions hereinabove set forth.
Should any such condition, or any ~art thereof, be declared invalid or unenforceable
by the final judgment ef any court of competenr jurisdiction, then this Resolution,
and any approvals herein contained, shall be deer~ed null and void.
THE rOREG0IMG RESOLUTIOtI is si9ner! ~~d approved by me this 12th day of
January, 1~~1.
,~4~U~l~ ~~
C~'A I M.q~J, AFIAHF I M C ITY PLAMN I NG C011p11 SS I ON
ATTEST:
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SEC~ET/1RY, tJAHFIM f,ITY PLA~aNIIJ!; Cu~t'IISSi~PI
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STATE OF CALIFORFIIA )
COU~lTY OF ORArlGE ) ss.
C I TY Or" A~IAHE I P1 }
I, Edith L. Harris, Secretary of the Anaheim City Pl~nnina Commission* do
hereby certify that the foreqoing resolution ~•:as passeri and adopted at a meetinq of
the ~naheim City Planning Commission held on January 12, 1~^1, by the folloa:ing vote
of the members thereof:
AYES: COMMISS;OPIERS: BOUaS, BUSFIORF, FRY, KING, TnLP.R
NOES: COMMISSIi~>''RS: HOWE
ABSENT: C0~1!1155 IO~~ERS: BAR"JES, HER~ST
1981.
IM WITPIESS WHEP,EOF, I have hereunto set my hand this 1?th day of January,
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SECRETI\RY, ~aNl1HEIM CITY PLl1HPIIiIG Cf?MMISSIO~!
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