PC 75-22..,~.~
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RESOLUTION N0. PC75-22 -
A RESOLUTION OF THE CITY PLANNING COMMISZI~O~N70F TBE GRANTEDNAHEIM
THAT PETITION FOR VARIANCE NO.
WHEREAS, the City Planning Commission of the City of Anaheim did receive a vecified Petition for Vaciance
from CARL N. !CARCfIER, Trustee, P, 0: Box %+349, Anaheim, California g2803 (Owner) of
certain real property situated in the City of Anaheim, County of Orange, State !+f California,
described in Exhibit "A" attached hereto and referred te herein as thbugh set f~rth in full
; and
WHEREAS, the City °lanning Commission did hold a public hearing et the City Hall in the City of Aneheim
on January 20, 1975.> at 1:30dclock P.M., notice of said public hearing having been duly given as required
by law and in accocdance with the provisiona oE the Anaheim Municipal Ccde, Chapler 18.03~to hear and consider evi-
dence for nnd against said proposed varience and to investigate and make findings nnd recommendations in connection
thecewith; and
WHEREAS, said Commission, aEter due inspection, investigation, and study made by itself and in its behalf,
and after due consideratic~ of all evidence and iepocts ofEered at said heacing, does find and detecmine the following
focts:
1. That the petitioner requests the fo 1 10~~ i ng var i ance f rom the Anahe i m Mun i c i pa 1 Code, to
establish a lot without frontage on a public street:
SECTION 18.01.130 - Requirement that all lots abut a public street.
2. That the above-mentioned waiver is hereby granted, subject to recordation of a
document stipulating that when Parcel No. 2 is developed, a 20-foot wide access easement or
the equivalent shall be provided to Parcel No, 2 across adjacent properties to a public
street, as stipulated to by the petiYioner..
3, Thet there are exceptionel or extraordinary circumstancee or conditions applicaole to the propecty involved
or to the intended use of the propecty that do not epply genecally to the property or class of use in the same vicinity and
zone.
1~, Thet the cequested varience is necessary for the pceservetion and enjoyment oE a substantial property right
possessed by othec pcopecty in the same vicinity and zone, and denied to the properiy in question.
5, That the requested varience will not be materially detrimental to the public welfare or injurious to the prop-
erty or impcovements in such vicinity end zone in wY:ich the property is located.
6. That no one indicated their presence at said public hearing ir. opposition, and no
correspondence was received in opposition to subject petition.
ENVIRONMENTAL IMPAC7 REPOkT FINDING:
That the Director of Development Services has determined that the proposed activity falls
within the definition of Section 3•~~, Class 5 of the City o•f Anaheim Guidelines to the
Requirements for an Environmental Impact Report and is, therefore, categorically exempt from
the requirement to file an EIR. _1- oev-esr
RESOLUTION N0. PC75-22
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Tl,c estate or intcre:t in iL•c I.u~d d~~:cribcd or r~•fierrc~l tu in thi, s~:L~•ilulc r~rvcrrd Ly thi. repurt i.:
a fee
Titlc to said c~tatc or inti~rc•,t at the dalc I~crcu( i. vc;tcil in:
CARL N. ICARCFIER; TRUSTEF, as to Parcels 1, 2 and 3.
CARL No F:ARCIiER, ~1S TRUSTE~ under the Ueclaration of Trust 'dated August 1'7,
1970 as to Parcel 4.
Thc luud refcn•~ul tu iu lhis re~~orl i:: silualal iu tLc. 5lutc ul' Culifuruiu, Cuuuty of Oz'ange
and is described ;i~ fullu~~~~:
Those portions of Lot 5 of Miles Rancho, in the City af Anaheim, as.
shown on a map thereof recorded in boo}: A, page 7, Miscellaneaus
Maps, recozds of said Urange County, described as follows:
PARCEL 1: The Westerly 280 feet.of the Southerly 239.66 feet of the
following describad land:
Beginning at the intersection of the centerlines of those certain unnamed
roads on ~he Plesteriy and Southerly sides o£ said Lot 5 as sho~,m un
said, map, said roads noa~ Y.nown as Iiarbor IIoulevard and Romneya Drivef
thence Nortlz, along said centerline of Jtarbor Boulevard 239.66 feet to
the t+lesterly prolonnation of the South line of the land described'in the
dead to Arnold Construction Co., a corporation, recorded July 18, 1955,
in book 31h2~ page 230, Of£icial Records; thence along :said prolonqation
and ~he Southerly and Easterly lines of said land, t3orth 89° 54' 00"
East 280.00 feet and Dlorth 130.00 feet to the North~west corner of the
land described in the d'eed to Carl N. Rarcher and wife, recorded March 22,
1962, in book 6048, page 20?., Official Records; thence along the Norttierly
and Easterly lines of said land to Karcher, the F•.asteYly line of the land
d~escribed in the deed to Carl lCarcher rnterprises, a California cnrporation,
recorded August 2I, 1953, in book 255~, page 519 of said Official Records,
and the ~~esterly line of the ].and described in the deed to Joseph W.
ileinz and wife, recorded Auqust 7.1, 1953, in hook 7_5~9, paqe 515, of saad
Official Records, ?~orth 09° 54' Oi)" ~ast 231.~11 feet, and South 369.66
feet to the said ~enterlinr_ o£ Romneya ~rive; th~nce 5outh 89° 54' QO"
West 511.A1 feet to tlie point o£ beginning.
PAitCEL'_2~ `The S~utherly 1~9.50 feet of ttie Sout}ierl,y 239.65 fe~t of the~
followinct.described land: ,
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Heginning at the intersaction of the centerlines of those certain unnarm d
roads on the 4Jesterly and Southerly sides of said Lot.S as showri on
s~ici map~ naid zoads ncr:v known as lIarbor IIoulevard arid Romrieya Drivej
thence North, a~ong said centerline of Iiarbor Boulevard 239.66 fee~ to
the Westerly prolongarion oP'the South ].ine ~f the land described in the
deed to Arnold Constru.^.tion Co „ a corporation; recerded July 18, 1955,
in book 3142, paye 230, i)ificial ltecordst then~e along said prolonqation.
and the Southerly~and Pasterly lines of said land, North 89° 59' 00"
East 280.00 feet and North 13Q.00 feet to the *Iort}iwest corner of the
land dQSCribe<i in t}ie deed tu c:arl Dl. Kar.cher and wife, recorded•March 22,
1962, in book 609II, page 202, OfPicial Reco:-~~; thence alonq the Northerly
and rusterly linea of said land to Karcher, •tt,e Easterly line of Y1ze lund
described in the deed to Carl Karcher Ente•r.prises, a California corporation~
recorded August 21, 1953, in book 2559, paqe 519 bf said Official Records,
and the Weeterly line of the land described in the deed to Joseph t~a
lIeinz ansi wife, recorded Aug~a3t ?1,. 1953, in book 2559, nage 515, of said
Official Rscords, North 89° 5~i' 00" ~ast 231.41•feet, and South 369.66
feet to the said centerline of P,omneya Drives thencE South 89° 54'~00"
West 511.41 £eet to the poin~ of beqinning.
EYCEPTING TtiEREFROM the ~~~este'sly 2II0 feet ~chc:reof,
PARCEL 3: Beginninc~ at the intersection of~the centerlines of thos~ certain
unnamed road3 on tiie Westerly and Sou~her7.y sides of said Lot 5 as shawn bn
saic map, said roads noto known as Harbor Boulevard and Romneya Drive;
~hence North, along said centerline of Iiarbor ~3oulevard 239.66 feet to~ .
the ~~Jesterly prolongation of the Suuth line of the 2and desciibed in the •
daed to Arnold Construction Co.., a corporation,.recorded July 18, 1955,
in bo~k 31A2, nage 230, Official Records; thence along said prolonqation
and the Southerly and ~asterly lines of said land, North 89° :s4' 00"
East 280.00 feet and North 130.00 feet to the P]orthcaest corner ~f the
land described in the deed to Carl N. Karcher and ~aife, recorded March 7.2,
19G2', in Uook G048, page 202, Official Records; thence along the Northerly
and East~rly lines of said land to Karch~r, the Fa~terly line.of thc land
described in the deed to Carl Karaher Enterprises, a California cornoration,,
recorded August 21, ,1953, in }~ook 2559, page 519 of said Of£icial RecordsP
and the [~esterly line ot ttir lan8 described in the deed to Jose~h W.
Fleinr. and wife, recorded August 21, 1953, in book 2559, p~ge S1S, of ~aid
Official itecords, Dlorth R9° 54' 00" rast 231.91 Peet, and South 369.66 :
feet to the said centerline of Romneya Drive; thence South 89° 54' 00"
West 511.~11 feet to thc point of beginninc~.•
EXCEPTING TH~It~FR0~4 any portion included ~•~ithin Par~els 1 and 2 above.
PARCEL 9: That portion of I.ot 5 of't~liles Rancho, as shown on a map re-
corded in book 9, paga 7 oE tliscellancous T1aps, records of Oranqe Couyzty,
Califo~r~ia, mo,re pazticularly described as tolloa~s:
Beqinning at thc ldozth~vest corner
and wife by deed record~d Jznuar~~
Reco.r.d5t~thence Alorth 89° 5A' 00"
23.1:~41'~.feet' to t.he t9est houndary
~ Zric „ recqrded February 1~3, 19G4
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of th~ land convey~d to Carl fI. Rarcher
3, 1~f2,in hook 5~1E,3, paqe 694 of Official
t:ast along the Plorth line of said land,
of the land conveyed to Freedom News[~~:ner,
in hoo}: G923, paqe 184 of Official Recordst
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~ thence rorth along said Sdest line to th~ Northerly line of the land of
Joseph William Heinz as deacribed in Cert.ificate of Titlo No. 2117 on
riia in the office of the Ftegistrar of Titles of said County.t thence
South ?4° 27' 44" West along said Norther.ly line to the Northeasterly
carner of.the land conveyed to Arnold Construction Co., a corporation;
by deed recorded September 27, 1963 in book 6735, ~sage 247 of Official
R.ecord:,= thence South along the Eastarly line of said land to the point~
of beginning. ~
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NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby
grant subject Petition for Variance, ~pon the following condicions 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 o` the Citizens of the City oi` AnaFeim:
1. That sidewalks shali be installed along Romneya Grive, as required by the City
Engineer and i~ accordance with stendard plans and speci`icaCions on file in the Office of
the City Engineer.
2, That a document to be approved by the City Attorney'S Of`ice, shall be recorded
concurrently with the subject parcel map, said document to stipula~e *_hat the l2-foot ease-
ment shown on the subject parcel map is temporary and that, prior !:o the issuance of building
nermits for the development of Parcel No, 2, prov:sion shall be made `or adeq~ate access to
Parcel No. 2 in conformance with City requirements. Said provision shall consist of a
perpetual easement agreement with adjacent property owners, providing a 20-foot easement f~r
vehicular access from Parcel No. 2 across adjacent parcels to a p~bl'sc s'treet; said agreement
to be approved by the City Attorney's Office and recorded in the Off~ce of the Orange County
Recorder. If Parcel No, 2 is sold to an adjacent pro~erty owne- and comhined with a parcel
abutting a public street or alley, thereby perm::ting adequate access, the aforementioned
easement agre.ement would not be necessary.
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 No, l, above-mentioned, shall be complied wi:h prior to final
building and zoning inspectians,
5. That Condition Nos. 2 and 3, above-mentioned, shall be complied with prior to the
commencement of the activity authorized under this resolution, or prior to the time that
the building permit is issued, or within a period of one year fro~;~ date hereof, whichever
occurs first, or such further time as the Planning Commissian and/or City Council may grant.
THE FOREGOING RESOLUTION is signed and apprc,ved by me this 20th day of January, 1975.
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`~ CH IRMAN ANA CITY PLANNING CON,MISSION
ATTEST:
L/'!c, ~C f~t,c'~~/ ~ /.>'G 2lc~/L~l ~
SECRETARY ANAHEIM LITY PIANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss,
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the Ci:.y Plann'ing Commission of lhe City of Anaheim,
do hereby certify that the foregoing resolutio~ was passed and adopred at a meeting of the
City Planning Commiss~on of the City of Anaheim, held on January 20, 1975, at 1:30 o'clock
p,m., by the following vote of the membars thereo'P:
AYES: COMMISSIONERS: FARANO, GAUER, KING, MORLtY, TOLAR, HERBST
NOES: COMMIS~IONERS: NONE
ABSENT: COMMISSIONERS: JOHNSON
IN WITNESS IJHEP.EOF, I have hereunto set my haiid this 20th day of January, 1975.
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SECRETARY ANAHEIM CITY PLANNING COMMISSION
-2- RESOLUTION N0. PC75-22