PC 78-225RESOLUTIOH N0. PC 7~~225
A RESOLUTIOts Of THE ANAHEIM CITY PLA-~Nlrir CO~u115510N
THkT PETITION FOR VARiANLE N0. 304a BE GRA~ITED
WFIEREAS, thc Anaheim City Planning Commission did receive a verified
Petition for Variancc from MARIE ROYEiARK lnliTE, 365 South Nest Street, Anaheim~
Ca)ifornia 92802, owner, and ADAM ENGINEERItIG, 12753 erookhurst Stree[, Garden Grove~
California 92b4Q. agent, of certatn rcal property situated in the City of Anaheim,
County of Orange~ State of California described as:
PARCEL 1: THAT PORTIOIJ Of THE LA`ID OF DREYFUS AND OTHERS, IN THE
CITY OF AfJAHEIN, COUNTY Of OR{iNGE. STATE OF CALIFORt11R, AS SHONtI
ON THE MAP OF ANAHEIM EXTEt1510t1, SURVEYEC BY WILLIAM HAHEL, A
COPY OF t1tlICH IS SH~J'~t~ IN BOOY. 3 PAGE iG2 ET SEQ,, ENTITLED LOS
ANGELES COUt1TY MAPS, CALIFORNIA DESCftIBED AS FOLLOWS: CONNENLING
AT THE GENTEFLINE INTERSEC710N OF VERHONT AVEt~UE AND WEST STREET
BE I NG 7HE NOR7HWEST CORt7ER OF l.OT 2° OF SA I D Ait:+HE 1!t EXTENS ION AS
SHONN 01~ A MAP FILED IN BOOK 28 PAGE 44 OF PARCEL MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA; THENCE TIORTN 15° 40' 04" UEST 92.18
FEF.T ALONG THE CENTERLIHE OF ~1EST STREET TO AN ANGLE POIt~T; THENCE
COHTINUlt~G ALONG THE CEt~TERLINE OF WES7 STREET NORTH 15~ 42' OG"
WEST 255.~4 FEET TO TI1E TRUE POINT OF BEGIt~~II1JC; THEI~LE CONTIt1~J!tIG
NORTH 15~ 42' 00" 4fE5T 6~6.12 FEE7; ~MEtICE AT RIGNT ANGLES NORTH
7§° 18' 00" EAS~ 33.00 FEET TO THE SOUTHUESTERLY CORt7EP. OF LAND AS
DESCRIBED I11 A OEED TO THE STATE OF CALiFORNIA. RECORDED APRIL 8.
1q42 It~ BOOK 1145 pA~E 3R OF OFFtC1Al RECORDS; 7HE~1CE ALOtIG TfiE
SOUTHERLY LINE OF SAID PA(iGEL OF LA11D NORTti 61° 32' 31" EAST
37.23 FEET TO TFiE SOUTfiWESTERLY L111E OF 7NE IAt~D OESCRIBED IN A
DEED TO THE STATE OF CALIFORNIA, RECORDED !U'~Y 19~ 1°50 I1: BOOK
2015 FAGE 49 OF OFFiCIAL RECORDS; TNENCE ALOtIG THE SAID
SOUTHWESTERLY LI~~E SOUTH 40° 44' 41" EAST 580,13 FEET TO A POI~iT
ON THE NORTHNESTERLY BOUNOARY LINE OF THE L.4ND DESCRIBED AS THE
EXCEPTION Itt PAP,CEL 1 OF A DEED TO F. A, YOUNr,BLUTH AND OTHERS.
RECORDED MAY 1, 1936 I!! BOOY, 821 PAGE 285, OFFICIAL RECORDS;
THENLE NOP,TN 16~ 36' 41" HEST 109•7C FEET ALONG TNE SA10
NORTHWESTERLY BOUNDARY TO THE SOUTHWESTERLY LfNE OF MAIlCHESTER
AVEt1UE. 100 FEET 111DE, AS DESCRlDED IN PAP.CEI 2 OF FINAL ORDER OF
CONDEMNATION IN THE SUPERIOR COURT~ CASE H0. 33172, A CERTIFIED
COPY OF IMICH WAS RECORDED 117 BOOK 847 PAGE 478~ OFFICIAL RELORDS;
TNENCE SOUTH GO° 49~ 41" EAST 31?.00 FEET ALOHG THE SAID
SOUTHNESTERLY LINE; TNEl~CE SOUTH 74° 18' 00" 11EST t~t~9,;8 FEET TO
THE TRUE POI~IT OF BEGINHING. EXLEPT THE CERTAItt 40.00 FOOT
ROADIIAY AS DESLRIIiED IN A DEED TO THE STATE OF CALIFORt+IA~
RELORQED OCTOBER 13. 1955 ~N BOOY. 3243 PAGE 14, OFFILIAL RECORDS.
blHEREAS. the City Planning Commission did hold a public hearing at the City
Ha11 in the City of Anaheim on September 25. 1978, at 1:30 p.m.. notice of said
public hearing having been duly given as requlred by law and in accordance wtth the
provlsi~ns of the Anaheim Municipal Code, Chapter 18,03, to hear and consider
evidence 'For and against said proposed varTance and to invesYigate and make fi~dings
and recemnendations tn connection therewith; and
PC76-225
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after duc consideration of atl evtdence and reports
offered at said hearing, does find and determine the following fac[s:
1. Tfiat the pettc:ioner proposes a waiver of the followinn, [o construct a
car sales buiiding:
SEGTION 18.61.063.011 - Minimum structurai setback.
~50 feet required from an ar[erial highway;
15 ~eet proposed)
2. That the above-mentioned wa(ver is hereby granted o~ the basis tha[ the
petitianer demonstrated that a hardship exists due [o the irregular sfiape of the
property which is trian~ular wtth a relatively grcat fron[age (65E feet) along an
arteriat highway (1Jest Street) ln comparison to its greatest depth (416 feet).
3. That there are exceptional or extraordinary circumstances or conditions
applicable to the prop~rty involved or to the intended use of the property that do
not apply nenerally to the property or class of use in the same vicinity and zone.
~+. That the requested variance is necessary for tfie preservaCion and
enJoyment of a substantial propcr[y right possessed by other property in the same
vicinity and zone, and denied to [he property in question.
5. 7hat the requested variancc will no[ be materially detrimental to the
public welfare or injurious to the property or im~rovements in such vicinity and zone
in which the property is located.
6. That no one indicated their presence at said public hearing in
opposition; and that no correspondence a~as received in ooposltion Co the subject
petition.
Et~VIRO~IMENTRL IMPACT FINDItIG: The Planning Otrector or his authorized
representative has determ(ned Chat the proposed proJect falls within the definition
of Ca;egorical Exemptions, Classes 3 and 5, as defined in Paragraph 2 of the City of
Anaheim E~vironmental lmpact Report Guldelines and is, therefore, categortcally
exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RES~LVED that the Anaheim City Planning Commission
does hereby grant subJect Petition for Variance, upon the foltowin9 conditions which
are hereby found to be a necessary prerequisite to the rroposed use of the subject
property in order Co preserve the safety and general welfa-e of the Citizens of the
City of Anaheim:
1. That the oamer(s) of subject propPrty shall pay the commercial traffic
signal assessment fee (Council Policy No. 214) amounting to $130.00 per 1000 square
feet of building or fraction thereof prlor to the issuance of a bullding permit.
2, That subJect property shall br. developed substantially in accordance
with plans and specifications on file with the Clty of Anaheim marked Exhibit Nos. 1
and 2.
BE IT FURTHER RESOLVEO that the Anahetm City Planning Com~ission does here6y
find and determine that adoption of this Resoiution Is expressly predicated upon
-~- PC7g-225
. / I /
applicant's compliance with each and all of the condltions hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the fTnal Judgment of any court of competent Jurisdiction, then thts Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 25th day of
September~ 1978.
HA , At C 1 TY P Ntl I NG C0~4M 1 SS I ON
ATTEST:
~i~.~r~ d ~~~==..
SECRETARY, ANAHEIN CITY PLANNING COMMi5510~1
STATE OF CALIFOR~71A )
COUNTY OF ORAt~GE ) ss.
CITY OF ANAHEIM )
I, Edith l. Harris, Secretary of the Anaheim City Planning Cor,mission, do
hereby certify that the foregoing resolution was passed ond adopted at a meeting of
the Anaheim Ci[y Planning Corranission held on September 25, 1978 at 1:30 p.m.. by the
following vota of the members thereof:
AYES: CQHHI~SIO~ERS: BARP~ES, DAVID, HERBST, JOHNSOtd, TOLAR
NQES: COMMISSIONERS: NQNE
ABSENT: COHHi5S10NERS: KING
VACANY: ONE SEA7
lN WITNE55 4MEREOF~ 1 have hereunto set my hand this 25th day of September,
1978.
~~ .~ ~~. ~
SECRETAr,Y, ANAH'cIM C17Y PLANNING COMMiSSION
-3- PC78-225