Resolution-PC 2001-176~
RESOLUTION NO. PC2001-176
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04469 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
THAT PORTION OF THE SECOND AND THIRD CLASS LANDS ALLOTTED TO JESUS
WILSON DE SHORB AND R.G. DE LA RIVA BY FINAL DECREE OF PARTITION OF
THE RANCHO CANON DE SANTA ANA RENDERED FEBRUARY 8, 1874 IN THE
DISTRICT COURT OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES IN
CASE NO. 1978, A CERTIFIED COPY OF WHICH WAS RECORDED IN BOOK 28,
PAGE 158 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS
ANGELES COt1NTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF -WAY LINE
OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY PER BOOK 193,
PAGE 193 OF DEEDS, WITH A LINE PARALLEL WITH AND 50.00 FEET
NORTHEASTERLY FROM THE CENTERLINE OF WEIR CANYON ROAD AS SHOWN
ON A MAP DATED AUGUST 5, 1970 AND ENTITLED SM 70-10 ON FILE IN THE
OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY; THENCE N 72
D€GR~E 10f"' 49" E, 1078:90 FEET A~ONG SAID F~IGH~-OF-WAY LINE, TO THE
BEGINNING OF A NON-TANGENT CURVE HAVING A RADIUS OF 1432.69 FEET, A
RADIAL LINE TO WHICH BEARS N 13 DEGREES 15' 03" W, THENCE, EASTERLY
A! ONG SAlQ CUR~lE, ~g~.92 FEET THROUGH A CENTRAL ANGLE OF 7 DEGREES
43' 32" TO THE EASTERLY LINE OF THE SOUTHERN CALIFORNIA EDISON
EASEMENT RECORDED IN BOOK 2296, PAGE 66, OFFICIAL RECORDS; THENCE
ALONG SAID EASTERLY RIGHT-OF-WAY LINE, S 6 DEGREES 33' S4" W, 101.32
FEET TO A POINT IN THE CURVE OF THE FUTURE NORTHERLY RIGHT-OF-WAY
LINE OF LA PALMA AVENUE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 1646.00 FEET, A RADIAL LINE FROM A SAID POlNT BEARS S
36 DEGREES 17' 19" E.; THENCE SOUTHWESTERLY ALONG SAID CURVE, 362.06
FEET THROUGH A CENTRAL ANGLE OF 12 DEGREES 36' 11" TO A TANGENT
COMPOUND CURVE SOUTHEASTERLY HAVING A RADIUS OF 2170.00 FEET, A
RADIAL LINE FROM SAID PONT BEARS S 48 DEGREES 53' 30" E; THENCE
SOUTHWESTERLY ALONG SAID COMPOUND CURVE, 367.85 THROUGH A
CENTRAL ANGLE OF 9 DEGREES 42' 46"'; THENCE S 31 DEGREES 23' 44" W. 32.69
FEET; THENCE, S 29 DEGREES 58' 44" W, 158.73 FEET; THENCE, S 69 DEGREES
56' 40" W, 36.20 FEET; THENCE NORTHWESTERLY ALONG THE PREVIOUSLY
MENTIONED LINE 50.00 FEET NORTHEASTERLY FROM THE CENTERLINE OF
WEIR CANYON ROAD, SAID LINE BEING A CURVE, CONCAVE NORTHEASTERLY
HAVING A RADIUS OF 1550.00 FEET, A RADIAL LINE FROM SAID POINT BEARS N.
22 DEGREES 18' 25" E; THENCE NORTHEASTERLY ALONG SAID CURVE, 739.57
FEET THROUGH A CENTRAL ANGLE OF 27 DEGREES 20' 17" TO THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 17, 2001, at 1:30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with 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
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WHEREAS, 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:
1. That the petitioner proposes waiver of the following to permit seven wall signs for
two automobile dealerships:
Sections 18.05.091.020 - Maximum number of wall siqns.
18.44.067 - (One wall siqn per dealership permitted;
and 18.84.062.040 - seven wall siQns total proposed for two dealerships)
2. That the waiver is hereby granted on basis that there are special circumstances
applicable to the property consisting of its shape, topography, location and surroundings which do not
apply to other identically zoned property in the same vicinity because the property is irregularly-shaped,
and the proposed wall signs (Signs "A" through "G") are appropriate to provide effective identification to
the public traveling on La Palma Avenue and Weir Canyon Road; that other automotive dealerships in
the area have been approved for multiple wall signs to appropriately identify the facilities to the public;
and that strict application of the Zoning Code would deprive the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or conditions applicable
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 variaFlee is ~tecessary for ~he pr@s~rvation and -en}oyment o# a
substantial property right possessed by other 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 the public hearing in opposition to the
proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 11, as defined in the State of California Environmental Impact Report
("EIR") Guidelines 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 following conditions 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 welfare of the Citizens of the City of Anaheim:
That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signage shali be subject to
approval by the Planning Commission as a"Reports and Recommendations" item.
2. That no sign shall be lighted between the hours of midnight and 6:30 a.m.
3. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 11, and as conditioned herein.
4. That approved signage shall be maintained in a"like-new" condition and refurbished as necessary.
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That within a period of one (1) year from the date of this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition No. 3, above-mentioned, shall be complied
with. Extensions for further time to complete said condition may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
6. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 17, 2001.
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CHAIRPERSON PRO TEMPORE,
ANAHEIM CITY PLANNING COMMISSION
A~TEST:
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SECRETARY, ANAHE M CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 December 17, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITNESS WHEREOF, I have hereunto set my hand this ~s i day of
~~ce~,b~r: 200~.
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S'ECRETARY, ANAHEIM CITY PLANNING COMMISSION
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