PC 76-166,~~ ~ ~
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RESOLU710N N0. PC76-166
A P,ESOLUTION OF THE ANAtiEIM CITY PLANNING COMMISSIQN
THAT PETITIOP! FOR VARIANCE N0. 2$39 RE f,RANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from SIXPEt~CE INNS OF AMERICA, INC., 1720 E, f,arry Avenue,
Suite 223, Santa Ana, California 927Q5 (Ovmzr); TONY MATTHEWS AND ASSOCIATES, 1720 E.
Garry Avenue, Suite 223, Santa A~a, Californta 92705 (Agent) of certain real property
situated in the City of Anaheim, County of Orange. State of California descrlbed as:
That portion of Lot 6 of the South Placentia Tract No. 2, as shown on a Map
recorded in Book 5, page 42 of Miscellaneous Maps~ records of Orange County,
California, described as follows:
Beginning at the most Soutnerly Southwesterly corner of Parcel 1 as shown on a
Parcel Map filed in daok ~t2, page 21 of Parcel Maps in the office of the County
Recorder of said County; thence, North 89° 57' 11" East, 120.31 feet along the
Southerly 11ne of Parcel 1 to a point; thence, South ~° 03' 16" East. 216,14 feet
to a point on the Northerly line of that certain parcei of land conveyed to the
State of California by dsed recorded July 7, 1955, in Book 3129, Paae 377 of
Official Recnrds of said County; thenae, along sald deed line, North 72° 49' 42"
West, 2b9.92 feet r,o an an91e point in said deed being the Southeasterly terminus
of that certeiin course in said deed described as being South 47° 28' 30" East
81.40 feet; *.hence, continuing alony said deed, North 47° 44' 12" West, 81.4i1
feet; th~nce, North 6° 57' 4L" West, 82.~4 feet to the true pnint of beginning of
sai~ deed tio the Sdate of California, said potnt also betng the Southwest corner
of Parcel 1 as sh~own on a Parcel Map recorded in Book 3, page 42 of Parcei Maps
in the office of th~~ said County Recorder; thence, North 89° 57t 11" East~ 207.5~
feet along the Sc~i~th line of the last mentioned Parcel 1 to the point of
beginning.
WI~EREAS, the City Planning Commission did hold a pubTic hearing at the City
Hall in the City of Anaheim on August ;0, 1976r at 1:30 p.m.~ notice of said public
hearing having been duly given as required by law and in accordance w~th tiie
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
' WHEREAS, sald Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideratian of all evidence and repo~ts
offered at said hearing, does find and determtne the following facts:
1. That the petitioner R~oposes the following walver from the Anaheim
tlunicipal Code~ to establish a lot withovt frontage on a public street:
SECTION 1$.01,130 - Requtred street frontage.
2. That the above-menttoned waiver is hereby granted on the basis that the
peittoner demonstrated that a hardsfiip would 6e created tf said waiver were not
granted; and the petitioner stiputated that a perpetual easement agreement to provide
a minimum 20-foot wide vehicular access to the subJect property from a dedicated
street would be submitted to the City Attorney's csffice for approval and then filed
and recorded in the Office of the Orange County Recorder.
3, ThaC there are er:cepttonal or extraordinary circumstances or condttlons
applicable to the property involved or to the intended use of the property that do
not apply general]y to the praperty or class of use in the same vicinlty and zone.
4. That the requested var~ance is necessary for the preservation and
enJoymenC of a subs4antial property right possessed by other property In the same
victnity and zone, and denir:d to the property in question.
5. ~hat the requested vartance will not be matcrlally deYrimental to the
p.ublic welfare or inJuriou~s to the property or improvements ln such vicinity and zone
in which thr prnperty ts located.
6. F'hat no one indicated thelr presence at sald public hearing in
opposit(on; and tha~ no correspondertce was received in oppositton to subJect
oetitiun.
RESOLUTION N0. PC76-166
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ENVIRONMENTAL IMPACT REPORT FINDING: That the Anaheim City Planning
Commission does hereby recommend to the City ~onncil of the City of Anaheim that the
subject proJect be exempt from the requirement to prepare an environmental impact
repor:, pursuant te the provisions uf the California Environmental Quality Act.
PlOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planntng Commission
does her~~y grant subject Petition for Variance~ upon the following conditions which
are hen:l~y found to be a necessary prerequisite to the proposed use of the subJect
prop,:rty ln order to preserve the safety and general welfare of the Citizens of the
City of Anaheim: '
1. In the event that subJect property ls to be divided for the purpose of
sale~ lease, or fina.~cing, a parcel map, to recor•d the approved dlviston of subJect
property shall be submitted to and approved by the City of Anaheim and then be
recorded in the Office of the Orange County Recorder.
2. That a perpetual easement agreement, to provide a minimum 2~-foot wide
vehicular access to the subject property fron a dedicated street, sfialt be submitted
to and approved by the City Attarney's Office and then be filed and recorded in the
Office of the Orange County Recorder, as sttpulated to by the petitioner.
3. That appropriate water assessment fees as determined by the Director of
Public Utilities shall be paid to the City of Anaheim prior to the issuance of a
building permit. .
4. That subJect property shall be developed substantlally in accordance
with plans and speciffcations on file with the City of Anahelm marked Exhibit Na. 1.
5. That Conditton Nos. 1 and 2, above-mentioned, shall be complied wtth
prior to the time that the building permit is issued, or within a period of one year
from date here~f, whichever occurs first, or such further Lime as the Planni~g
Commtssion may grant.
THE FOREGOING RESULUTION is signed and approve me this 3~th day of
Auyust, 1976.
CHAIRMAN~ ANAH 1 CITY PLANNING COMMISSION
ATTEST:
~~'~z1f,l.~t~'l~RJ
SECRETAR , ANAHEfM CITY PLANNIMG COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORAIJGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the Anaheim City Planning Canmisston~
do hereby certify that the foregoing resolutlon was passed and adopted at a meeting
of the Anaheim Ctty Planning Commisslon, held an August 30~ 1976, at i:30 p.m., by
the following vote of the members thereof:
AYES: COMMlSSIONERS: BARNES, FAFAMO~ HERBST, KING, TOLAR~ JOHNSON
NOES: COMMISSIONERS: NONE
ABSENT: COMMI°,SIONERS: MORLEY
IN WITNESS WHEREOF, I have hereunto set my hand this 3~th day of August 1976.
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SECRETAR~~ N H1J~EIM CI P PLANN~NG COMM SSTON
-2- ~ RESOLUTION N0. PC76-166