PC 78-211f : '; !
RESOLUTION N0. PL 7~-211
A RESOLUTION OF THE APIAFIEIH CITY PLANNING COt1MI5Si0N
THAT PETITION FOR VARIANCE N0. 3040 BE GRANTED , IN PART
WHEREAS, the Anahelm City Planning Commission did receTve a verified
Petition for Variance fran RUTH AND ARHOLD FEUERSTEIN, JAMES M. AND HELEN G.
FEUERSTEIN, 2293 West Ball Road, AnaheTm, California 9z804, owners, and INTERNATIONAL
PLA~IT GROWNERS. 2865 East Coast Highway, ~'3~9~ Corona del Mar~ Californla 92625,
agent. of ccrtaln real property situated 1n the City of Anaheim, County of Orange,
State of Californta described as:
Thc East 190 fcet of the South 200 feet of the South 25 acres of
the Southeast quarter of the Southeast quarter of Sectfon 18, in
Township 4 South, Range 10 1Jest. i~ the Rancho Los Coyotes. as
shown on a Map recorded in Book 51, Page 1Q of Miscellaneous Maps,
in the office of the County Recorder of said County.
WHEREAS~ the Ctty Planning Commission did schedule a public hearing at the
City Hall in the Lity of Anaheim on August ib, 1978, at 1:30 p.m., notice of sald
public hearing having been duly glven as required by law and in accordance wi[h the
provisions of the Anaheim Municipal Code, Chapter 1$.03, co hear and consider
evidence for and a9ainst said proposed variance and to investigate and make findings
and recommendations in connectton therewith; said public FearEng having been
continuecf to Che Planning Commisslon meeting of Sep[ember 11, 1~78, and
WHEREAS, said Commission, after due inspectton, inves[igation and study made
by itself and in its behalf, and after due consideratton of all evidence and reports
offcred at said hearing, does find and determi~e the following facts:
1. That the petitioner proposes a waivcr of the foliowing to permlt
outdoor display of p'.ant matertals:
(a) SECTI011 18.4~~.025.020 - Re uirement that all uses shal) be
conducted wfio witfiin a bui dfn .
outdoor lsp ay o plants not
permitted; ou[door display o~plants
proposed)
(b) SECTION 18.44.063.010 - M(nimum s[ructural setback.
!0 eet required; 0 ect
exist ng
(c) SECTION 18.4~~.064.010 - HTnimum setback landsca in .
3 eet require ; 0 eet existing)
2. That the variance is hereby gran[ed subJect to the petitoner's
stipulatlons that:
(a) 7he two drlveways located closest to the intersection of Ball Road and
Brookhurst Strect will be removed and replaced with standard curbs.
gutter and sidewalk.
(b) That only plants wiii be dtsplayed outdoors.
PC7a-211
3. That the waiver (a) Is hereby granted to permTt trro outdoor plant
display racks on the basls that some types of plants benefit from being outside and
wTll also enhance the proper[y.
4, That waivers (b) and (c) are hereby denled on che basis that no
hardshia was demonstrated by the petttl~ner; thereby, reauirfng that the canopies on
the south and east property lines be setback 1~ feet from the aforementioned property
lines and a minimum of 3 foot wtde screened planting strip shall be provided along
*he south and east property lines.
5. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use, as gran[ed~ of the
property that do not apply generally to the property or class of use in the same
vicinity and zonc.
6. That the requesied vartance, as granted, is necessary for the
prescrvation and enJoynent of a substantial property righL possessed by other
property in the samc vicinity and zone, and dcnied to the property in ques[Ton.
7. That the requested variance, as granted, wilt not be materially
detrinental to the public wclfare or injurious to the property or improvements in
such vicinity and zone in wfiich the proper[y is located.
8. That no one indicated their presence at said public hearing in
opposi[ion; and that no correspondence was received in opposi[ton to the subject
petition.
Et1VIRONMENTAL lHPACT FINDING: The Plan~ing Director or his authorized
representat ve has determ ned tha[ thc proposed proJect falls withfn the def(nttton
of Categorical Exelnpttons, Class 1, as defined in Paragraph 2 of [he City of Anaheim
Environmental Impact Report Guid-lines and is, therefore, categorfcally exempt from
the requirement to prepare an EIR.
NOW, THEREFORE~ BE IT RESOLVED that the Anahclm Lity Planning Canmission
does hereby grant, i~ parc~ subject Petition for Variance. upon the following
condiCians which are hcrety fou~d Lo ~c 3 necessary prereq~isiLC Lo Lhc proposcd usc
of the subJect property i~ order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
i. That the most southtrly driveway on Brookhurst Street and the most
easterly driv~hay on Ball Road shall be removed and reolaced wit:~ standard curb,
gutter and sldewalk.
2. That the owner(s) of subjecc propercy shall pay to the City of Anaheim
thc sum of three and one-half dollars ($3.50) per front foot along Ball Road and
Brookhurst Stree[ for street ltghttng purposes.
3. 7hat the ormer(s) of subJect proper[y submit a letter requesting the
termt~ation of Variance No. 629.
4. That the existtng structure shall be broughc up to the minTmum
standards of the City of Anaheim, including the Uniform BuTlding~ Plumbing~
Electrical~ Mechanical and Fire Codes as adopted by the City of Anaheim,
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.
' i
5. That sub)ect property shall bc deveioped substantially in accordance
Nith plans and spcciftcations on file wtth thc Clty of Anaheim marked Exhibit P~os. 1
and 2.
6. That LonditTon Nos. 2, 3 and 4~ above-mentioned~ shall be canplied aith
prior to the commencement of the activity authortzed under this resolution, or prior
to the time [hat the buildTng permii is lssucd, or wlthin a pcriod 90 days from date
he~eof~ whichever occurs flrst. or such further time as the Planning CommTssion may
grant.
7. That Condi[ton Nos. i and 5, above-mentioned~ shall be complied wTth
prior to ffnai building and zoning inspecttons.
8. That there Niii be no outdoor storagc other than the display of plants.
BE IT FURTHER RESOLVED that the Anahcim City Planni~g Commission dces hereby
find and determine that adoption of this Resolution is expressly predTcated upon
applican['s compliance with each and all of the conditions h~reinabove set forth.
Should any such condTtion, or any part thereof, be declared invalid or unenfarceabie
by the final judgment of any court of competent jurisdictton, then this Resolution~
and any approvals heretn contained~ shall be deemed null and voTd.
THE FOREG011~G RESOLUTION is signed and approved by me this 11th day of
September. 1978.
A M. NAH LI Y LA-~NING LOMN~SSION
ATTEST:
~~~ .~.° ~~:.
SECRETAP.Y. ANAHEIM CITY LANNING COM.'11551011
STATE Of CALIFOP,NIA )
COUNTY OF ORANCE ) ss.
CITY OF ANAHE(N )
1. Edith L. Harris. Secretary of the Anahcim City Plan~ing Commisslon~ do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anahelm City Planning Commfsslon held on September 11, 1978 at 1:30 ~.m.~ by the
foilowing vote of the mem6crs thereof:
AYES: COHYISS~Ot~ERS: BARNES, DAViD~ HER85T. KING~ TOLAR
NOES: COMMISSIONERS: NOt~E
ABSENT: LOMMISSIO~~~RS: JOHNSOtI
VACANY: ONE SEAT
1978.
IN WITNESS WHEREOF~ 1!~-?~P hereunto set my hand ;his lith day of September,
~ECRE~ARY, ~ M ~ LANN NG COMN~TSSION
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