PC 76-94~, ~ ~
RESOLUTION N0. PC76-94
A RESi1LUT I ON OF THE ANAHE I M C I TY PLA~It! I P!G COHH I SS I ON
THAT PETITIOt! FQR VARIANCE N0. 2~04 BE GRANTED.
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Variance from JOHCI RIT1'ER AtdD MARY M. HOQVER, 1919 Alsuna Lane,
Huntington Beach, California 92648 (Ow~ers) of certain real property situated in the
City of Anaheim, County of Orange, State of California described as:
That portion of land in Section 6, Township 4 South, Range 1~ West, San
Bernardino Base and Heridian, described as follows: Beginning at the point of
intersection of the centerline of 6rookhurst Street, and the centerline of La
Palma Avenue, thence North 0° 4~~' S0" 1Jest along the centerline of Brool<hurst
Street 50 feet; thence South ~?pO 24' 3~" West, a distance of 5n feet to the true
point of beginning; thence North 0° 44' SQ" blest parallel with the centerline of
E3rookhurst Street 15~ feet; thence South $~° 24' 3~" ~~est a distance of 25 feet;
thence South 0° 44' S0" East a distance of 10 feet; thence South 8A° 2~' 3n~~ West ~
disiance of 12~ feet; thence South 0° 44' S~" East paratlel with the centerline
of Brookh~~rst Street 121.87 feet more or less to the north line of State liighway
Department R/W for W. bd, on ramp Rd; thence 5. ii~o 21~~ $8" East along the North
line of said R/W 102.57 feet more or less to a point which. is S. b~~ 24' 3~" West
a distance of 49.09 feet from the true point of beginn;ng; thence IJorth R9° 24'
30" East a distance of 49.09 feet to true point of }e:yinning, together with all
rights of inyress and egress reserved to lessor in that certain lease between
CLYDE D. HOOVER and MARY M. HOOVER, his wife, as lessor and 7HE TEXAS COMPAPIY, a
corporation, as lessee, dated Narch 3, 1955.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on May 1G, 1976, at 1:3~ p.m., notice of said public
hearing having been duly given as required by laa~ and in accordance ~•iith the
provisions of the Anaheim tlunicipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make findings
and recomme~dations in connection therewith; and
blHEREAS, said Commission, after due inspection, investigatton 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 the following waiver from the Anaheim
Municipal Code, to establish an automobile diagnostic and service center in the. LG
(CONMERCIAL, fEIJERAL) ZOtJE:
SECTION 18.45.02Q - Permitted uses. (Automohile diagnostic and
service center not permitted)
2, That the above-mentioned waiver is hereby granted on the basis that
similar waivers have been granted previously for the use at vacated service station
sites in commercial zones.
3, That the petitioner stipulated to closiny the southernmost driveway on
Brookhurst Street and replacing said driveway wtth street improvements as required by
the City Engineer, and landscapin9 across said closure.
4, That the petitioner further stipulated to bringing the existing
structure into conformance with the minimum standards of the City of Anaheim,
including the Uniform Duilding, Plumbing, Electrical, Mechanical and Ftre Codes, as
adopted by the City of Anaheim.
5, That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the inte~ded use of the proparty that do
not apply generally to the property or class of use in the same viciniCy and zone.
6, ihat the requested variance is necessary for the preservation and
enJoyment of a substantial property right paysessed by other property in the same
vicinity and zone, and denied to the property in question,
7, That the requested variance wii.i 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.
RES~LUTION N0. PL'76-94
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RESOLUTION N0. PC7F-94
A RESOLUTIO!J OF TNE ANAHEIM CITY PLAPINING CONHISS~ON
TfIAT PETITI011 FQR VARIANCE PlO. 2°04 B[ GRAt1TED.
WHEREAS, the Anaheim City Planning Commission did recelve a verified
Petition for Variance from JONtJ RITTER AIJD MARY M. HOOVER, 1919 Alsuna Lane,
Huntington Beach, California 926hC (Owners) of certain real propert.y situated in the
City of Anaheim, County of Orange, State of California described as:
That portion of land in Section G, Township 4 South, Range 1~ West, San
6ernardino Base and Meridian, described as follows: Beginning at the point of
intersection of the centerline of Brookhurst Street, and the centerline of La
Palma Avenue, thence I~orth 0° 44' 5Q" West along the centerline of Brookhurst
Street 50 feet; thence South ~?qO 24' 3~" West, a distance of 5~ feet to the true
point of beginning; thence North 0° 44' SQ" West parallel with the centerline of
E3rookhurst Street 150 feet; thence South A~° 2G' 3~" 4lest a distance of 25 feet;
thence South 0~ 44' S0" East a distance of 10 feet; thence South 8~° 24' 3~" West
distance of 125 fee[; thence South 0° 44' S~" East parallel with the centerli~a
of Brookhurst Street 121.E7 feet more or less to the north line of State tlighway
Department R/W for W. bd, on ramp Rd; thence 5. Af1° 2ti' S~" East along the tJorth
line of said R/W 102.57 feet more or less to a point which is S. 8~~ 24' 3~" West
a distance of 49.09 feet from the true point of beginning; thence IJorth ~i~° 24'
30" East a distance of 49.~9 feet to true potnt of beginning, together with all
rights of ingress and egress reserved to lessor in that certain lease bet~~een
CLYDE D. HOOVER and MARY M. HOOVER, his wife, as lessor and THE TEXAS COMPADIY, a
corporation, as lessee, dated March 3, 1955•
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on May 10, 1976, at 1:3~ P.m., notice of said public
hearing having been duly given as required by laa~ and in accordance aiith the
provisions of thE Anaheim tiunicipal Code, Chapter 18.03, to hear and consider
evidence for and against said proposed variance and to investigate and make fi~dings
and recommendations In connection therewith; and
IJHEREAS, said Commission, after due inspection, investigation and sturiy made
b~ itself and in its behalf, and after due consideration of all evidence and reports
offered at said hearing, does find and determine the fotiowing facts:
1, That the petitioner proposes the following waiver from thr_ Anaheim
Municipal Code, to establish an automobile diagnostic and service center in the CG
(CONMERCIAL, fENERAL) ZONE:
SECTI01~ 18.45.~z~ - Permitted uses. (Automohile diagnostic and
service center not permitted)
2, That the above-mentioned waiver is hereby granted on the basis that
similar waivers have heen granted previously for the use at vacated service station
sites in commercial zones.
3, That the petitioner stipulated tn closing the southernmost driveway on
Brookhurst Street and replacing said driveway with street improvements as required by
the City Engineer~ and landscaping across said closure.
4, That the petitioner further stipulated to bringing the existing
structure into conformance with the minimum standards of the City of Anaheim,
including the Uniform Duilding, Plumbing, Electrical, Mechanical and Fire Codes, as
adopted by the City of Anaheim.
5, That there are exce.ptional 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.
6. That the requested variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property In question.
7. 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.
RESQLUTI6N N0. PC76-94
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3. That no one indlcated their presence at said public hearing in
opposiCion; and no correspondence was received in opposition to subJect p_tition.
ENVIR0IJMENTAL IMPACT REPORT FlhJDINf,:
That the Director of the Planning Department has c~etermined that the
proposed activity falls within the definition of Section 3.~1~ Class 1, of the City
of Anaheim Guidelines to the Requirenents for an Environmental Impact Report and is,
therefore, categorically exempt from the requirement to file an EIR.
NOW, TNEREFORE~ RE IT kE50LVED tfiat the Anahelm Ci2y Planntng Commission
does hereby grant subJect Petition for Variance, upon the following conditions ~ahich
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:
1. Tnat the existing structure shall be brought up to the minimum
standards of the City of Anaheim~ including the Uniform Building, Plumhing,
Electrical, Mechanical and Fire Codes, as adopted by the Lity of Anahe3m.
2. 7hat the owner(s) of subject property shall pay to the City of Anaheim
the sum of two dollars ($2.0~) per front foot along Brookhurst Street and La Palma
Avenue for street lighting purposes.
3. That any underground storage tanks either be removed, or filled ~aith
sand or cement slurry, as required by the Fire Marshal.
4. That subJect property shall be developed substantially in accordance
w~th plans and specifications on file with the City of Anaheim marked Exhibit No. 1;
provided, however, that the scuthernmost driveway on Braokhurst Street shall be
removed and replaced by street improvements as required by the City Engineer, and
landscaping across said closure, as stipulated to by the petitioner.
5. That Condition No. 2, above-mentioned, shall be complied with prior to
the commencement of the acttvity authorized under this resolution, or prior to the
time that the building permit is issued, or ~oithin a period of one (1) year from date
hereof, whichever occurs first, or such further time as the Planning Commission
and/or City Council may grant.
6. That Condition Nos. 1, 3 and 4, ahove-mentioned, shall be complied with
prior to final building and zoning inspections.
THE FOREGOINf RESOLUTIOR 's signed and approved by me thts 1Qth day of
Nay, 1976.
, j
/ J ~
~ ~C RMA P EMPORE
ANAH IM CITY PLANNtIJG COMMISSIOM
ATTEST:
~~~~~~~~a~
5[CRETARY, At~AliEltl CITY PLAIJNIIJG C014MI~SIOt~
-2- RESOLUTION N0. PC76-94
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STATE OF CALIFORFlIA )
COUNTY OF ORAtdGE )ss.
CITY OF ANAHEIM )
I, Patricia B. Scanlan, Secretary of the City Plannin9 Commission of the
City of Anaheim~ do hereby certify that the foregoin~ resolution was passed and
adopted at a meeting of the City Planning Commission of the City of Anaheim, held on
May 10, 1976~ at 1:30 p.m., by the following vote of the members thereof:
AYES: COMMISSIOIJERS: BARNES, JOHNSOtl, KING, MORLEY~ TOLAR~ HERB~T
HOES: COMMISSIOIJERS: IJONE
ARSEtJT: COMMISSIONERS: FARANO
IN WITNESS WHERF_OF, I have hereunto set my hand this lOth day of May~ 1576.
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SECRETAR , ANA E111 CITY LANFIINf, CQMMISSIOIJ
-3- RESOLUTION N0. PC76-94