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PC 77-64RESOLUTION N0. PC77-64 RESOLUTION OF THE ANAHEIH CITY PLANNING COMMISSION THAT PETI710N FOR VAKIANCE N0. 2913 BE OENIED. Wt1~REA5, the Anahelm Clty Planning Commlsslon did recelve a verlfied Petition for Vartance from CAL-AMERICAN INCOME PROPERTY, 4015-B N. 16th 5[reet, Phoenlx~ Arizona 85G16 (ONnerj; G. D. GARDNER b ASSOC., 2404-8 N, Glassell Street, Orange. California 92665 (Agent) of cercaln real property situa[ed (n the City of Anahelm, County of Orange, State of Californla described as: THAT PORTION OF THE NORTH HALF OF THE SOUTHNEST QUARTER OF SECTION 12, TOWNSMIP 4 SOUTH, RANGE 10 WEST, IN TH£ RANCHO SA~ JUAN CAJON AE SANTA ANA, IN THE CITY OF AHAHEIH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SH041N ON A MAP FIL~D IN DOOK 51, PAGE 10 OF MiSCELLANE0U5 MAPS, RELORDS OF SAID ORANGE COUNTY, ~ESCRIBED AS FOLLOWS: BEGIHHING AT TNE INT~RSECTION OF THE uEST LINE OF SAID SOUTNUES7 QUARTER WITH THE CEt~TERLIHE OF LINCOLN ~VENUE, FORMERLY ANAHEIH-OLIVE ROAD; THENCE SOUTH 78° 5z' 30" EAST 102.50 FEE7 ALONG SAID CENTERLINE TO THE NOaTHW~1T CORNER OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED 70 DANIEI J. ALLEC AND NIFE, RECORDED MARCH 17, 196o IN BOOK 5151 PAGE 361, OFFICIAL RECORDS OF SAID ORN;WGE COUNTY; TIiENCE SOUTH 0° 24' 15" WEST 134.85 FEET ALOt~G THE WEST LINE OF SAID LAND, TO THE SOUTHWEST CORNER OF SAID LAND; THE~~CE SOUTH 78° 52' 30" EAST ALONG THE SOUTHERLY LINE Of SAID LAND TO A LINE 7HAT IS PARALLEL WITH AND DISTANT 15~.00 FEET EASTERLY FROM THE WEST LINE OF SAID SOUTH'~EST QUARTER OF SEC7tON 12, SAID POIN7 OF INTERSECTION BEiNG AN ANGLE POINT IN THE BDUNDARY OF THE LAND OESCRIBED IN THE LEASE AND AGREEMENT OF SALE BE7WEEN MIL70N JOSEPH SEIGEL, ET AL, AND FOREST LAWN CEMETERY ASSOCIATION RECORDED MAY 3, 1967 IN BOOK 6242 PAGE 533, OFfICIAL RECORDS; THEPICE ALONG THE NORTHERLY LINE OF SAID L~ND TO THE NOR7HEAST CORNER OF SAME; THENCE NORTH 0° it' 45" EAST 126.92 FEET ALONG 7HE NORTHERLY PROLONr,A710N OF THE EAST LINE OF SAID LAND, TO THE CENTERLINE OF SAID LINCO!N AVENUE; THENCE ALONG SAID CENTERLIHE SOUTH 78° 5Z' 30" EAST 1410.46 FEET TO TNE NQRTfIEAST CORN~R OF TNE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO FOREST IAUN CEMETERY ASSOCIATION RECORDED DECEMBEa 30, 1960 IN BOOK 5570 PAGE 213, OFFICIAL RECORDS; TNENCE SOU7HERLY ~001.;4 FEET ALONG TNE EAST LINE OF SAID LAND TO THE SOUTHEAST CORNER OF SAID LAND, SAID CORNER BEING IN THE SOUTti LINE OF TIiE NORTHEA5T QUARTER OF SAID SOUTHUESi QUAFTER; THENCE wESTEFLY 316.00 FEET ALQNG SAID SOUTH LINE TO TNE SOUTHUEST CORNER ~F SAtD NORTHEA57 QUARTER, BEING AL50 THE SOUTHWcS7 CORNER OF SAID PARCEL 1; THENCE NOR7HERLY 331.72 FEET ALONG THE WEST LI~E OF SAID N6°';9~AST QUA~TER, TO THE SOU7HEAST CORNER OF THE HORTH HALF OF THE SOU7HEAST QUAR?E'r. OF THE NORTHWEST QURRTER Of TNE SOUTNNEST QUARTER OF SAID SECTION 12; BEING ALSO THE SOUTHEAST CbRNER Of THE LAND DESCRIBED IN 7HE DEED TO FOREST LAUN CEMETERY ASSOCIATION, RECORDED JANUARY 14, t959 IN BQOK 4547 PAGE 442, OFFICIAL RECORDS; THENCE ALONG THE SOUTH LINE OF SAI~ LAND SOUTH 89° 52' 48" NEST 660.81 FEET TO AN ANGLE POINT IN SAID LINE; THENLE ALONG SAID SOUTH LINE AND ITS WES7ERLY PROLONGATION, SUUTN ~9~ 52` 51" ~EST 660.81 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12; TNENCE NORTH 0° 11' 45" EAST 993.61 FEET ALONG SAID uE5T LINE, TO THE POINT OF BEGINkING. EXCEPT THAT PORTION SHOWN A5 PARCEL 4 ON A MAP fILEO IN BOOK 10 PAGE 38 OF PARCEL MAPS RECORDS OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commtssfon df6 hold a public hearing at the Ctty Hall In the Ctry of Anahelm on March 14, 1977, at 1:30 p.m., nettce of sald public RESOLUTION N0. PC77-64 hear(ng having been duly glven as raquired by law and ln accordance w(th the pravislons of the Anahelm Munic(pal Code, Chapter 18.03, [o hear and consider evldence for a~d agal~st satd proposed varlance and Co Investlgate and make findings and recortrnendatlons ln connectlon therewlth; and 11NEREAS, said Commission, efier due inspectlon, Investlgatlon and study made by itself and in its behalf, and after due consideratlon of all evtdence and reports offerod at said hearing, does find and determine che follawing faccs: 1. That the petitfoner proposes [he following walver from the Anahelm Munlcipal Code, to establlsh an automotlve and boat repair facillty In the CL (COMMERLIAL. LIMlTED) ZONE: SELTION 18.44.020 - Permltted uses. {Auto and boat repalr not perm tte 2. That the above-mentioned walvcr le hereby denied on the basis that the proposed industrlal use Is not compatible with the exlsting commercial uses at the subJect locatlon and the surrounding residentlal area due to notse, trafftc, and other poCCntlal undesirable Impacts generated by the proposed buslness; and that the petltloner did not demonstratc tha[ a hardship wnuld be crcate~ if sald Halver was not 9ranted. 3. That there are no exceptlona) or extraordinary circumstances or conditions appiicable Lo ~he proper[y involved or to the intended use af the property that do not apply generally to the property or cla~s of use ln the same vicinity and zone. 4. That the requested variance is not necessary for the preservatlon and enJoyment of a substantlal pr~perty rfght possessed by other property In the same vicintty and zone, and denied to the property In question. 5. That Lhe requested varlance will be materlally detrlmental to the public welfare or InJurious to the property or lmprovements ln such vlcinlty and zone In which the preperty Is loca[ed. 6. That iwo (2) pers~ns appeared at sald public hearing ln oppositlon; and that two (2) ietLers were recelved ln appositlon to the subJcc[ petition. ENVIaONMENTAL IMPACT FINbING: That the Anahelm Clty Planning Commisslon has revlcwed the sub ect pro ect, cons sting of a proposal to estebtish an automotlve and boat repair facility In an exlstiny commerclai shopping center on approximately 28.8 acres locatxd at the southeast corner of Ltncoln Avenue and State College Boulevard, and does hereby recommend to the Llty Councl) of the Llty of Anahelm that a Negative Declaratlon from [he requlrement to prepare an envlronmental lmpact report be approved for thls proJect on the basls thac :here would be no signlftcant l~~lvidual or cumulative adverse impacts on the environment due to approvai of this Negatlve Declaratlon, as tndicated In the Initlal Study submitted by the applicent; and that the Negatlve Oeclaratlon substantlating the foregoing findings is on flle In the Office of the Plenning Depertment at City Hall. NOV, THEREFORE, BE IT RESOLVED thet the Anahelm City Planning Commission does hereby deny subJect Petitlon for Varlance on Che basls of the aforementloned findings. -2- RESOLUTION N0. PC77-64 7HE FOREGOING RESOLUTIQN Is signed and approv d by me thls 14th day of March, i977. CHAIRNAN AN M CITY PLANNING COMMISSION A7TEST: ~-~/hZ/~~ ~l % J~i~1~sf~si~ SECRETARY PRO TEMPORE AkAHEIH CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUN7Y OF ORANGE )ss. CITY Of ANAHEIN ) I, Pamela H. Santala, Secretary Pro Tempore oF the Ana~eim City Planning Comm)s~Ion, do hcreby certify that the foregoing resolution was passed and adopted at a meeting of the Anahelm Lity Planning Commisslon, held on March 14, 1977, ac 1:30 p,m., by the following vote of thc members thereof: AYES: COMMISSIONERS: BARNES, KING, MORLEY~ TOIAR, JOHNSON NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: OAVID ABSTAiN: COMMISSIONERS: HERBST IN NITNE55 WHEREOF, 1 have hereunto set my hand thts 14th day of March, 1977 ~-~ ~~'i.~~~.~`--~~ 3~ RE R RO TEM RE ANAHEIM CITY PLANNING COHMISSION '3- RESOLUTION N0. PC77-64