PC 82-223
RESOLUTION NO. PC82- 223
A RF.SOLtJT20N OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 3311 IIE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from ALFRED A. HOLVE & SONS, INC., P, O. BOX 416,
Lindsay, California 93247, owner, and DSNNIS STRICKBINE, 1723 T~est Katella
Avenue, Anaheim, California 92804, agent of certain real property situated in
the City of Anaheim, County of Orange, State of Cal?forni.a described as:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 F1EST, IN
THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA , AS THE SOUTHEAST ~UARTER OF
SAID SECTION 20 IS SHOWN ON A MAP FIL?'D IN BOOK 17 PAGE 27,
OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINN2NG AT THE SOUTFIEAST CORNER QF SAID SECTION :'.0;
THENCE WEST 678.9 FEET TO A POINT 20 INCHES EAST OF THE
SOUTH END OF CEMENT PIPE LINE SAID POINT BEING ALSO THE
SOUTHEAST CORNER OF THE I,AND DESCRIBED IN DEED TO OTTO F.
SCHROEDER, RECORDER MAY 26, 1914 IN BOOK 248 PAGE 355, OF
DEEDS OF SAID COUNTY; THENCE NORTH 676 FEET TO A POINT ON
THE SOUTH LIN~ OF THE LAND DESCRIgED IN DEED TO D. W, g~
RECORDED SEPTEMHER 5, 1890 IN HOOK 8 PAGE 184, OF DEEDS OF
SA:D COUNTY, AT THE NORTHEAST CORNER OF CEMENT WATER BOX;
THENCE EAST 678.9 FEET TO THE EAST LINE OF SAID SECTION
20; THENCE SOUTH 676 FEET TO THE POINT OF BEGINNING.
EXCEPT THOuE PORTIONS INCLUDED IN TRACT NO. 2176, AS PER
MAF RECORDED IN BOOK 59 PAGES 34 AND 35, OF MZSCELZ~ANEOUS
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
AND ItJCLUDED IN TRACT NO. 2217, AS PER MAP RECORDED IN BOOK
61 PAGES 30 AND 31, OF MISCELLANEOUS MAPS IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
WEIEREAS, the City Planning Commission did hold a public hearing at
the City Hall in the City of Anaheim on December 13, 1982, at 1:30 p.m.,
notice of said public hearing having been duly given as required by law and in
accordance wfth 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 findings and recommendations in connection therewith; and
WliEREAS, said Commission, after due inspection, 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
following facts:
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PC82-223
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1. That the petitioner propos~:s waivers of the following to permit
a roof sign:
(a) SECTION 18.05.093.033 - Permitted location of roof sign.
(88 feet from west property line
required; 44 feet proposed)
(b) SECTION 18.05.093.0331 - Minimum distance between signs
(300 feet required between roof and
freestandins signs; 60 and 228 feet
proposed)
(c) SECTION 18.05.093.0341 - Maximum heiqht of illuminated roof
sign (25 feet permitted; 30 1/2 feet
proposed) '------
Z• That the above-mentioned waivers are hereby granted on the basis
tliat the petitioner demonstrated that a hardship exists due to the obscurity
of the restaurant which is substantially setback from Katella Avenue and that
this proposal would not be detrimental to any of the surroundinq progerties.
3• That there are exceptional or extraordinary circumstances or
conditions applicab2e to the property involved or to the intended use of the
property that do not apply generally to the property or class of use in the
same vicinity and zone.
4• That the requested variance is necessary for the preservation
and enjoyment of a substantial property right possessed by ~ther property in
the same vicinity and zone, and denied to the property in question.
5• That the requested variance will 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.
6• That no one indicated their presence at said public hearing in
oppoaition; and that no correspondence was received in opposftion to subject
petition.
ENI7IRONMENTAI, =MpACT FINDING: The Planning Director or his
authorized representative has determined that the propoaed project falls
within the definition of Categorical Exemptions, Class 11, as defined in the
State EIR Guidelines and is, therefore, categorically exempt Erom 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 following
conditions whi~h are hereby found to be a necessary prerequisite to the
proposed use af the subject property in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That trash storage areas shall be provided in accordance with
approved plans on file with the Office of the Executive Director op
Public S~or.ks.
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2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked'
Exhibit Nos• 1 and 2.
3. That Condition Nos. 1 and 2, above-mentioned, shall be complied with
prior to final buildinq and zoning inspections.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the cunditions
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.
THE FOREGOING RESOLUTION is siqned and approved by me this 13th day of
December, 1982.
C A R1~ , ANAH CITY ING COMMISSION
ATTE
S CRETARY PRO TEMPORE
pIVAHEIM CITY PLANNING COMMISSION
STATE OF CAI,IFORNIA )
COUNTY ~F ORANGE ) ss•
CZTY OF ANAHEIM )
I, Pamela Starnes, Secretary Pro Tempore of the Ansheim City Planning
Commissior,, do hereby certify ±hat the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission held on December
13, 1982, by the following vote of the members there of:
pygg; COMMISSIONERS: HOUAS, BUSHORE, FRY, HERSST, KING, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN ~TNESS WHEREOF, Z have hereunto set my hand this 13th day of December,
1982•
_' ~ ~ ~i~ i.~~
SECRETARY PRO TEMPOR~
ANAHEIM CITY PLANNING COMMISSION
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