PC 76-218J' ~ ~
RESOLUTlON N0, PC76-218
A RESdLUT10~1 Or TNE P.NAM,Ei~ ClTY PL.ANNING CUMMISSIO~
~4AT PETITION FOR VAitIANCE N0. 2$64 BE GRANTED.
k'N[RFAS, the Anaheim CICy Planning Commission did receive a verified
?etieton fo~ Varlance from ~RED AN~ HEL~N MAYBERRY, 8300 Merrimac Star Ro~te9
Oroville, Califarnlo 9596y (Owner~); ANN T. HA4~S4N, b00 5. Herbo~ Boutevard~
Anaheim, Calif~rnln 92805 (Agent) ef certaln real property situated in the City of
Anahetm~ County o1' Orange, 5tate of Ca114ornla de•,-~lbed as:
Those portlons of Lots 5. 6, 7, and 8 of the Babin~er Subdivis3on~ irt the City of
Anaheim~ County of Orangc, State ot` California, aa per map recorded in Book i,
Pa~e 23 a9` Miscellzmeous Maps; in thm office of the county recorder of said
county, dn9cribed as a wholn as foltows:
Beginning at the Intersactlon of the new centertTne oP North Los Angeles SLreet
with the centertine of North Lemon Street, as shown on a map 411ed in Book 25,
i~age 17 04 Racord of Surveys, in the o?fiee of the cour~ty ;~;:order of said
county; thence South Oo 6fA 45" West 173.59 feet along said centarline of Cemon
5ireet; thence South 89° 56~ 15" East 3G.Ob feet to the easte~ly line of the land
condemnad for the wldeni~~g.of sald Lemon Strect by the Supcrlor Court of the
Stata of California, in and for Orange County in Action No. 23578, a certificd
copy of the dacree~rendered lr sald actlan betng recerded November 18, 1929, in
Book 325, Pe9e 281 of bffTcisl Records, sald point betng the trua poirst of
bnginning; thence South 89° $6' 15" EasC 76.22 feet to the westerly tine of the
land descrlbed in thn deed t~ Jutius E. Reistnge~, et ux~ reeorded Harch 1, 1955.
in Book 2978, Page 15 of bfficial Records; thence North 27° 32' 45~' East 60.01
feet ~long said westerly iine to the southerly Iine of the land conveyed to the
Clty af Anahetm by deed recorde~ May 11~ 1934, in Book 676, Page 1 of OPficial
ReGO~ds; Yhence along sald southerly line North 6A° 51' 15" West 83,27 feet to
the beginning of a curve concava southeriy havTng a radius ~° :!,00 feet; then:~
southwesterly 43.66 feet along said curve to .sald East ltne of Lemon Strcet;
thence South 0° 00' 45" West 75.36 fcet to the ~r~:e point or beginning,
WHEREAS~ the City Pianning Commissian did hold a pubilc hearing at the ~ity
Hall ln the City of Anaheim an October 27~ 1976, at 1s30 p.m., notlce of satd pubiic
hearing having been duly given as requlred by law and in aeeordance with the
provlsi~ns of the Anaheim Municipal Code~ Chapter 18.Q3, to hear and consider
evldence for and agalnat sald proposed variance and to investlgate and make findings
and recorrnendaYtons In connectlon thmrew)th; and
~aHEREAS, sald Commisslon, after due inspectlon, InvesCigatlon and study made
by itseif and in its bahalf~ and after due conslderation of all evidance and reports
offered iit sald hearing, does find and dntermine tha following faetst
i. That the petitioner proposes tha following waiver from the Anahelm
Municlpal Codo~ to estabiish an auto repair shop:
SECTION 18.45.420 - Parmitted uses. (AutomohtPe repatr not.
permitted in the CG Zone) -
2. That the above-menttoned waiver is nersby granted on the basis thaC the
existing uses atong Anaheim Boulevard conslst primarily of automobtie related uses
such as sales and service and that slmilar waivers fiave prevlousty been ~pproved, and
subJect to the stipulstlon of the patTtioner to reduce the wTdth of the driveway on
Anahetm 6outeverd to the easterly 24 feet and on Lemen Street to Che southerly 30
feet, and thnt the reduced portlons of eald driveways shall be replaeed with standard
curbs~ gutters and sldewalks.
3. That the pctittoner stiputated to rcmoving tl,e existing steel canopy
r~dJecent to Anahelm Boulavard withln six (6) months from the date hereof.
4. 7hat the petitionar stlpulated to providing trash storage areas in
accordancs with approved plans on file w9th the Of;ice of Lhe ~irector of Pubitc
Works.
5. That there are e~xceptlonal or extraordinary clrcumstances or condttlons
applica'+le to the property invotved or to thc ineended use ~af the property that do
not appty generally to the property or ctass of usa In the same vicinity and zone.
RESOLUTlON N0. PC76-218
• ~ ~ ~
~~. That the requested varlance is necessary for the preser~•etion ard
~~ enJoyrrsnt of a substantlal property right possessed by other property tn the same
vlcinlty and zone, and denied to the property in questton.
7. Tfiat the requestcd vartance will not be matarlally detrir,iental to tne
public welfare or tnJurious to *_he property or improvements tn such vPctnity s~d zune
' in which the property is loca4ed.
8. That no ane indicated thelr presence at sald public heering in
oppositlon; ~nd that na corre~oondence was recelv~d in oppositTon to subJect
pet i t iaty.
ENVIRONMENTAL tMPACT kEPOR7 FtNDING: That the Anaheim Ctty Planning
Commisston does hereby recommend fo "tne Cit~v ~our,cii of the C~~y o~ Anahetm that a
negattve declaration from the rnquirement to prepare an envTronmental impact report
be approved for the subJ~ct proJect~ pursuant to tha provislons of the Caltfornia
Environmental Quatlty Act.
NOW, THEREFORE, BE f7 RESOLVED tfiat the Anahelm Clty Planroing Camnission
doea hereby grant subJect Petition for Varlance, upon the following condltions which
at•e hereby found to be a rsecessary prerequlslte to the proposed usn of the subJect
property in order to praserve the safety and general welfare ot' the Citizens of the
City ot Anahelms
1. 7hat strect lighting facltlties along Annhelm Boulevard and Lemon
Straet ahali be Installed as requlred by the Director of Pub11c Ut)llttos, and In
a~_cordance with standard specTfications on flie irs the 0"ftce o~` the Dtrector of
Publlc Utiltties; and/or thet a bond, certificate ofi depos~t, letter of credit, or
cash, in an amount.and form setisfactory to the City of Anahelm~ shall be posted with
tha City to guerantee the installatTon o} the above~manYtonad requtrements.
2. In the event that subJect properey is to be divided for the purpose of
sale~ iease~ or financing, a parcel map, to rocord the approved divislon of subJect
property be submltted to snd approved by tha CTty of Anaheim and thnn be recotdec; in
the Office of the Orange Caunty Reeorder.
3. That trash storage areas shaii be provided in accordance wtth approved
plans on file with the Offiee of the Director af Pubilc Works as stipulated Cn by the
petttloner.
4. That the existing structure shall be brought up to the minimum
standards of the City of Anahetm, tncluding tho Uniform Buitding, Plumbing,
Etectrical~ Mechanical~ and Firm Codes~ ae adopted by the CTty of Anehelm~
5. That the underground gasotine storage tanks shall be elther removed or
filled with grout~ as approved by the City of Anahetm Fire Department.
6. That the existing drive approaches on L~mon Strec* r^d on Anahelm
Boulevard shal) be reduced in size ta the southerly 30 fec*_ on Lemon Street and the
easteriy 24 feet on Anahefm Boulevard, as required by the City Traffic Englneer; that
the central drive approach at the intcrsectton of Lemon Street and Anaheim Boulevard
shall be removed; snd that sald reduced and ranoved drive approaches shall be
rep7aced with standa~d curb, gutter~ and sldewalk, as stipulated to by the
pet?ttoner.
7. 7hat subJect property shall be developed substantlally in accordance
wlth plans and specifications on file with the Clty of Anaheim marked Exhibit Nos. 1
and 2; provlded~ ha+ever~ that the existing steel cenopy shall be removed wTthlr, six
(6) mooths from the ~fate hereol', as stipulated to by thc petltianer.
8, That Condltion Nos. t and 2, above-mantloned~ shall be cumpilad with
prlor to the camriencoment of the activity ~uthor{zed under thi~ resoiution, or prior
to the time that the bulldPng permit Is issued~ or within a periad of one year fr«n
date hereof, whiehever occurs first, or such further time as the Ptanning Cortmistson
end/or Clty Council may grant.
9. 7hat Car.di~ion Nos, 3, 4~ 5 and 7, above-mentloned, sha91 bc canplled
with prlor to ftnal bullding and zoning inspectlons.
-2- RESOLUTION N0. PC76-218
. . ~ ~ ~
THE FOREGOING RESOLUTION Is signad and aap~ove m this 27th day of
~• October 1976.
I~FI~N, . i C L N G COMM I SS N
ATTEST:
~ ~ ~ ~
~'F~RA)(R€P ~ `'fTiA
STATE OF CALIfORNtA )
COUNTY QF bRA!JGE )ss.
CITY OF ANAHEIM )
I, Patrtele BR Scenlan~ Secretary o4 the Anaheim City Planning Canmission~
do hereby cartify that the foregoing resolution was paeaed and adopted at a meoting
of the Aneheim City Planning Commi~sion, held on October 27, iq76, at 1s30 p.rn.~ by
ihe following vote of the membera theraofs
AYES: COMMISSIONERSt BAtNES, PARANO~ HERBST, KING~ MORL~Y~ TOLAR~ JOHNSON
NOES: COMMISSIONERSs NONE
A@SENTs CONMISStONERSt NONE
1976..
iN wITNE55 idHEREOf, I have hereunto set my hend this 27th day oP October
~ . ~
~AR~ 1EIM CI LANNING COMMISSION
~3~ RESOLUTION N0. PC76-218