Resolution-PC 92-66g~~Q~~TION NO. PC92;~
A RESOLUTION OF THE AiVAHEIM CITY PLANNING COMMISSlON
THAT PETIT{nN FC~R VARIANCE NU. 4179 BE GRAN'I'ED
WHEHEAS, the Anaheim City Planning Commission did recoive a verifi~;d
Petition for Variance for certain real property situated in iha City of Ananoim, Caunr~r of
Orange, State of California described as:
PARCEL t: THAT PORTION OF THE NORTHWEST ~UAR7cR OF THE
SOUTHWEST qUARTFR OF SECTION 7, IN TOWN5HIP 4 SOUI'-1, 9ANGE 9
WEST, IN THF RANCHO SAN JUAN CAJON OE SANTA ANA, GOUNTY OF
NRBOOM:~51, P GE~ OAMISCEII.LAN'cOUS MA SNR CORDS OF SAID ORANGE
COUNTY. DESCRIB~D AS FOLLOWS:
COM~dENCING AT THE IN7EHSECTION OF THE CENTFR LINE OF ANAHEIM-
OLIVE ROAD AS DESCAIBED IN DEEO RECORDED MAY 17, t915 IN BOOK 275,
PACE 85 OF DEEDS, R~CORG.~, OF SAID ORANGE COUNTf, W~TH 7HE WEST
UNE OF THE SOUTHWEST ~UART~R OF SAID SECTION 7, ANO RUNNING
THENCE SUUTH 78° 54' 31' EAST ALONG SAID CENTER LlNE, 434•7s FEET TO
THE SOtJTHEAStERLY CORNER OF THE LAND CONVEYED TO ALPHA BETA
ACME MAFiKEfS, INC., A CORPORATION, BY DEED REC4RDED DECEMBER 21,
1961 IN BGUK 595t, PACiE tii OF bFFICIAI RECORDS OF SAID ORANGE
COUNTY; THENCE NOATH 0' 14' 26' EAST ALON(3 THE EAST LINE OF SAIO
LAND, SND UNE BEIN(3 PARALLE4 WITH HE WEST UNE OF THE SOUTHWEBT
OUARTF_fi O SAID SECTION 7, ~76.32 FEET 70 THE TRUE POINT OF BC3INNING
OF THE BOUNDARY OF TH~ A LAND I~ESCRIBED HEFiE1N; THENCE
CONTINUING NORTH 0° 14' 26' EJ1ST 4LONCa SAID EA5T IJNE, 41 FEE7 MORE
OR LESS, TO THE NORTHEAST CORNER 4F TH~ IJ~ND DESCRIBED SAIO LAST
MENTIONED UEED; THENCE SOUfFI 89' 4~' 30' WEST ALON(3 THE NORTH
UNE OF SAID U1ND, 427.00 FEET OF THE NORTHW~SY CORNER OF SAID lAN4
IN THE HVES7 IINE OF 7HE SOUfHWEST OUARTER dF SAID SECTIUN 7'
THENCE SOU'fH 0° ~4' 25' W~St ALONG SAID WEST UNE, 124.86 F~ET;
THENCE A7 RI(3HT ANGLES TC~ SAID WEST UIJE, 50UTF~ 89° 45' 34' EA5T
152,pp FEET; THENGE SOUTH 0' 14' 2g' WEBT PARALLEL WITH THE WEST UNE
pF SAID 80lJTNWEST (?UARTER, 23d.22 FEFT MORE OR LE38 TO A UNE
WHICFi IS PARALLEL WITH THE CENTERUN~ OF ANAN~iM-0LIVE R4AD AND
DI8TANT 2i23.00 FEET NORTNERLYTHEREFFiOM ti'^ASUREO ALONSiTHE WES't'
LINE OF THr: SUUTHWEST OUARTER OF SAID SECTION 7; THENCE SOUTH 78°
54' 31' EAST AIONG SAID PARNl.1.tL UNE, 40.23 FEET MORE ON LESS TO A
UNE WNICH 13 pARALLEL WITH, AND DI3TANT 195.00 FEET EASTERLY FROM
THE WEST I:NE OF SAID S4UTHV1-EST OllARTER, SAID UI3TANCE BEIN~
~~AEASURED ALONCs THE CENTER UNE OF ANAHEINi-0UVE ROAO; THENCE
SOUTH 0' 'd' 2fr' WEST ALONC~ 4ap PaRA~LE~ ~~NE, ?03.0 FEET 70 THE
CEN'i ER UNE OF THE ANAHEIM-OLI1/~ ROAO; THEnCE SOUTH 78' 34' 31'
Wl11CH IS HAHALLEL WITH, AND DISTP.NT 1 5.00 FEET 1NE3'TEA~ FROM NE
-~- PC92-6F3
CR1501 MS.v~p
THE EAST LINE OF SAID IAND CONVEYED TO ALF'HA BETA ACME MARKETS,
INC.; TFIENCE NORTH 0° 14' 26" EAST ALONG SAID PARALLEL UNE, 454.96
FEET; TFiENCE SOU7H 89' 45' 3d" EAST AT RIGNT ANGLES'O SAID LINE, 2B.00
FEET; THENCE AT RIGHT ANGLE5 NOH'TH 0° 14' 26' EAST 97.40 FEET MORE
QR LESS TO A LINE BEARIN~ NORTH a9' a5' 3a" WESY FNOM THE TRUE POINT
OF BEGINNING; THENCE SQUTfi 8S° A5' 34" EASY 9H.00 FEET TO THE 7RUE
POINT OF BEGINNING.
VJHEREAS, the City Pianning Commission did hold a public hear(ng at the
Civic Center in the City of Anaheim on May 4, 1992, at ~1:3Q p.m., notice of said puhlic
hearin~ having been duly given as raquired by law and in acco~dance with the provisions
of trie Anaheim Municipal Code, Chapter 18.03, ~o hear ~and consider evidence for ~nd
against said propos~d variance and ta inve~tigate and make findings and
recommendatians in aonnectior- therewith; and thot sai~ public hearing was continued to
May 18, 1992, Planning Commission meeting; and
~NFIEREA5, said Comrnission, after due inspectic~n, inveatigation and study
macie by ~tself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the following facts:
1 7hat the petitioner Froposes waiver ai the follawing to construct ~
25-foot high, 2'79 sa.ft. freestanding sign:
,pQrmiugd location of 9rees andin s ans.
and 18.44.067 (Minimum side setback: 4Q96 of lot frontage trom
wes! ~roperty line f5 1~t] required;
.] ~i~'~ L15~2I proposed)
2. That there are Rpecial circumstances applicable to the prop~rty
consisting of sizs and shape which do not epply to other identically zoned properties fn
the vicinity beca~~se subJect property has a street frontage (130 feet) ~long Lincoln
Avenue which is narrow relative to the parcof depth (over 500 teet) and size (over 2
acres);
3. That strict applicat~on ot the Zoning Code doprives tl~o property of
ariviiegos enJoyed by other properties in idendcal aoning classificati~n in the vicinity;
a. That the praposed sign display area coniorms to tf~e rnaxim~m
allow~d by Code and, further, that the 2pplicant has submitteo a lands^rape plan showin~
tul{ landscaps coveraq~ tor the immediate sign lacatir which will compensate for the lack
of landscaping eisewhere adjacent to Lincoln Avenue; and
g, That no or,~ indiaated their oresence at said public hearing in
oppo,itian; and that no correspondence wes received in opposit~on to subject petitfon.
-2- PC92-66
CALIEORNIA_.ENVI.~iONMENTAI. llALITY..L~ST FINDING: 7he Planning
nirector or his authorized represontative has determined that the proposed project falls
v~ithin the dofinition of CstegoricaG Exemptions, Class 11, ~s defined in the 5tate EIR
Guidelines and is, therefor9, cat~gorically exempt from the requirement to prepare an EIR.
NUW, TH~RF_rORE, 13E IT RESOLVED tnat the Anaheim City Planning
Commission does horoby grant subjec.~t Patitian for Variance, upon the following
conditions which are hereby found tn be a necessary prerequisite to the prapo~ed uso
of the subJoct property in order to presorve the safety and general welfaro of the Citixen5
of the Ciry ~f Anaheim:
1. That subJoct property shall iae developed substantially in accnrdance with plens
and specifications submitted to the City of Anaheim by the petitioner a~d which
plans ar~ on file with the Plannir~ Department markod Exhibit ~los. 1 through 3.
`. TI-~at 4he proposed landscaping including an appropriate irrigation system shall be
installed as shown on the submitted landscape plan. Said landscapinq shall
thereafter be pr~perly maintained.
3. That prior t~ final building and zoning inspections for the proposed sign, or prior
to commt+~~c~ment ~f the activ'ity herein approved, or within a peri~d ~f one (1)
year irom the date of this resolution, whichever occurs first, Condition i~os. 1 and
2, abave-mentioned, shali be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Sectian 18.03.090 of
the Anaheim Municipal Code.
4. 7hat approval af this application constitutes approval c~ the proposed request only
to the extent that it complies wiih the Anaheim Municipal Zoning Code and any
other applicable cifi~, State and Federal regulations. Approval does not include
any action or firx~ings as to compliance or approva~ of the request rogarding any
nther ap~licable ordinance, rogulation or requiremant.
BE IT FURTHER RESOIVED that the Ar~aheim Ciry Planning Commission does
hereby find antl determine that adoption of this Resalutlon is expressly predicat~d upnn
appli~ant's compli~nce wis.h each and all of the conditions heroinabove ~etforth. Should any
such conditions, or any part thereot, be declared invalid or unen~orceable by the final
Judflmgnt of any couK of compe4ent juri~diction, then this Ftesolution, and any t~pprovals
herein contained, shall be deemed null and vaid.
~. PC92-66
THE FOREGOING RESOL~ITION w~as adopted at the Planning Cammission
rneeting of May 1$, 1992.
/~' - '~~
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CHAIhN1i4N, A(~AHEIM CITY P NIN OMMIS.~,ION
ATTFST: ~
'1, ~~ ;f'. - : .. .:, ,., :
S~EYAFtY, AN HEIbi CITY PLANNING COMIUIISSION
/. • ~
STqTE OF CALIFORNIA )
COUNTY OF OR~NG~ ) ss.
CIN UF ANAI-IEIM )
I, Janet L. Jensen, Secretary of the Anahc~im Ciry Pl~nning Commissi~:,,, do
hereby certify th~t the faregoing resolution wa~ passed and adcpted at a me~tin~ of the
Anaheim City Planning Commission ~elci on INI~y 18, 1992, by the foliowing vote af the
members thereof:
AYES: CONIMISSIONERS: BRISTOL, ii~LLYER, MCS5E, ZEMEL
N~ES: COMMISSIQNERS: NONE
~1BSENT: COMMISSIONERS: H~NNINGER
ABSTAINED: COMMISSIONERS: BOUAS, PEP~AZA
!N WITNESS WHcR~OF, I have horeunto set my hand this ~ day of
~ ( ~i r'' , 199~.
,.L~L~ - ~ / •'~
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S~CRETARY, AN HEIM CITY PI.ANNING COMMISSIOt~
-4- PC92-86