PC 78-245_. . . .
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RESOLUTIOfl N0. PC 78-245
RESOLU710N OF THE APIAHEIM CITY PLANHING CO!1!115510t1
THAT PETITION FOR VARIA4CE N0. 305U BE GRAtlTED
WHEREAS, the Anaheim Ci[y Planning Commission did receive a verlfied
Petitlon for Variance from WS-ANAHEI'1, 318 West Ball Roacl, Anaheim~ California
92f305, owner of cercain rcal propcrty situated in the Cfty of Anaheim, County of
Orange, State of California described as:
PARCEL 1: That portinn of [hc land of Dryfus and others, as shown
on [he map of Anah~im Extenslon, surveyed by Will(am Hamel, a copy
of which is shorm in Book 3, page 162 at seq., entitled Los
Angeles County Maps, described as follows: Commencing at the
intersection of the Easterly line of West Street 6fi.0(1 feet w1de,
as shown on a map of the replat of Orchard Park Tract, recorded in
Book 7, page 6, Miscellaneous Maps, records of Orange County,
Californfa, with the Southwesterly llnc of Manchester Avenue~
100,00 feet wide as described in Parcel 2 of Finai Order of
Condemnation in the Superior Court Casc tdo. 33172, a certified
copy of tahich Final Order is recorded November 7, 1a36, tn Book
847, page lt78, Offic(al Records; thence South 15~ 42' 40" East
191.61 fcet along ihe Easterly line of said Nest S[reet to an
angle point In the Southwestcrly line of land described in deed to
State of California, recorded Apr(1 8, 1942, in Book 11f~5, page
80, Official Records, said point being the true point of
beginning; thence South 15° 42' 40" East 1011.67 feet along the
Easteriy ltne of said West Street [o the North line of Nest
Vermont Avenue, also kn~wn as Broad ~treet, as shown o~ satd map
of survey of Anaheim Extension; thence North 74° 29' S6" East,
along the Northerly line of said 41csi Vermoni Avenue, 5E5.07 feet
to said Southwesterly line of Manchester Avenue as described in
said final Order of Conder.~ation recorded in Book 847, page 473,
Official Records; thence North 40~ 49' 41" West 668.99 feet alora
said Sou[hweste~'ly line to the Norr.her{y terminus of the [angent
course described as having a length of 229.17 fee[ in the
exception in Parcel 1 of [he deed to T. A Yungbluth, and others
recorded in Book 821, page 285, Official Records; thence South 16°
36' 41" East along said tangent course 10?.70 feet to the
Southwesterly line of land described tn deed to State of
Lalifornla, recorded May 1?, 1950, in Book 2015, page 49, Officlal
Records; thence North 40° 49' 41" 41est 580.8~~ feet along said
Southwesterly line to the Southeasterty line of said land of thc
Siate of California, recorded tn Eook 1145, page 80, Official
Records; thence South 61~ 31' S6" West, 37.20 feet to the potnt
of beginntng. TogeCher with the Northeast 1/2 of West Stree[
adJoining said tand on the Southwest. Excepting therefrom that
purtio~ lying hortheriy of the South ltne of Parcel No. 2, as
shown on a Map ftled tn Book 52, paga 39 of Parcel Maps in the
office of [he County Recorder of Orange County, California, and
the Nesterly extenslon thercof.
PC78-245
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PARCEL 2: 7hat portion of thc North half of Vermont Avenue
vacated by Resolution No. 69R~351 of the City Council of the Ctty
of Anaheim, a certifled copy of rfi lch was recorded June 23, 1969
tn 8~ok 3998. page 4~6 of Official Racords of Orange Coun[y,
California, lying Westerly of the Sou[hrmsterly line of Manchester
Avenue as described in that certaln Final Order of Condem~ation in
the Supertor Court Case No. 33172, a certified copy of which was
recorded November 7, 1936 In Book 847, page 47~ of said Official
Records.
WFIE~EAS, [he Ctty Plannin9 Cornmission did schedule a public hearing at the
City Ha11 in the City of Anaheim on September 25, 1978, at 1:30 p.m., notlce of sald
public hearing havin9 been duly given as required by law and in accordance wtth the
provisions of the Anaheim Municipal Code, Chap[er 18.03, to hear and consider
evidence for and against said proposed variance and [o inves[igate and make findtngs
and recommendations in connection therewith; safd public hearing having been
continued to thP Planning Commtssion meeting of October 23, 1°78, and
k?iEREAS, said Commission, after due inspection, investlaaCion and study made
by itself and in its behalf, and after due consideration of all evidence and reporfs
offered at said hearing, does find and determine thc followin9 facts:
1. That the petitloner proposes a waiver of the following to permit a
mobilc snack bar:
SECTION 18.1+5.020 - Permitted Structure.
Mobi e snack bar traiters not permit[ed}
2. 7hat [he requested variance is hereby granted for a perfod of two
years, subJect to review and granting of possible extensfons of [ime by the Planning
Lommission if it is determined tfiat the use has not had a detrimental effect on the
availability of parking, that o~-site vehicular circulation has not been impeded, and
that there have not been any problems r~ith littering.
3. That the requested wa(ver is hereby granted on tfie basis that the use
is seasonal a~d that the peti[toner stipulated to the following:
(a) That the use of the mobile s~ack bar trailer ~oill be solely be in
conJunction wtth the business hours of thc water siide (Wild, Wiid
Wet).
(b) Thac the use will be limited to the summcr months of June, Ju1y, August
and September from 9:b0 a.m, to 10:00 p.m, daily; thaY during the
months of March, April and May the use will occur on week-ends only
from t0:Q0 a.m. to 6:00 p.m. except durTng the week o` "Sprin9
Vacation" when the operation wlll be dally from 10:00 a.m. to 6:00
p.m.; that during the months of October and November the use will occur
as the weather permits from 10:00 a.m, to G:00 p.m.; and that use will
~ot occur durl~g December, January and February.
4. 7hat there are exceptional or eztraordlnary circumstances or conditions
applicable to the property involved or to the intended use of the property that do
not apply generaliy to the property or class of use in the same vicinity and zone.
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5. That the requested variance is necessary for the preservation and
enJoyment of a substantial property right possessed by other property in the same
vlcinity and zone, and denfed to the property in question.
6. ThaC the requested variancc will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicintty and zone
in which the property is located.
7. That no one fndica[ed their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subJect
pe[ition.
EtIVIRONMENTAL IMPACT FINDING: The Plannin9 Director or his authorized
representat ve has eterm ne that the proposed praject falls rrithin r.he deffnition
of Lategortcal Exemptions, Class 3, as defined in Paragraph 2 of the City of Anaheim
Environmental Impact Report Guidelines and is, therefore, categorically exempt from
the requirement to prepare an EIR.
NOW, TIIEREFORE, BE IT RESOLVED that the Anaheim Lity Planning Commiss(on
does hereby grant subject Petition for Variancey upon the Pollowing condittons which
are hereby found to be a necessary prerequisite to the proposed use of the subject
proper[y in order to preserve the safety and general welfare of [he C(tizens of the
City of Anaheim:
1, That subjact proper[y shall be developed substantially in accordance
witli plans and specifications on file with the City of Anaheim marked Exhibtt No. 1.
BE IT FURTHER RESOLVED tha[ the Anaheim City Planntng Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and a)I of the conditlons hereinabove set forth.
Should any such condition, or any part thereof, be declared invalid or unenforceable
by the final Judgment of any court of competent Jurisdiction, then this Resolution,
and any approvals hereln contained, shall be deemed nu11 and void.
THE FOREGOING RESOLUTIdit is signed and approved Ly ne Chis 23rd day af
October, 1978.
~A ~ 'NAFiE I!'f ~ LP,N~I I NG CONM i SS I ON
ATTEST:
SECRETARY. ANAHEIH CITY PLANNING COHNISSION
STA7E 9F CALIFORNIA )
COUNTY OF ORANGE ) ss.
LITY OF AtJAHEIM )
I~ Edtth L. Harris, Secretary of the Anaheim Ctty Planning Commisston, do
hereby certify that the foregoing resolution was passed and aJap[ed at a meeting of
the Anaheim Cfty Planning Commission held on October 23, 1978. at 1:30 p.m., by the
followi~g vote of the members thereof:
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AYES: COMHISSIONERS: BARNES, BUSHORE, DAVID, HERBST, JOHNSON~ KItiG~ TOLAR
NOES: COMMISSIOWERS: NONE
ABSENT: COMMlSSIONERS: NONE
1g78.
IN WITNESS WHEREOF~ I have hereu~to seC my hand this 23rd day of October~
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SECftETARY, ANAHEIM CIfY L~ COMMISSION
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