PC 78-278;
RESOLUTION N0. PC 78-278
A RESOLUTION OF THE ANAHEIM CITY PLANFIING COMMISSION
THRT PETITICN FOR VARIANCE N0. 3061 BE DEt11E0
'dtiEREAS, the Anahelm City Planning Commisston did receive a verified
Petition for Var(ance from IMPERIAL ASSOCIATES, 412i Nesterly Place. Newport Beach,
California 92660, ormer, and JOHN HOWEPlSTINE, 3188 J. Airway Avenue, Costa Mesa,
Californta 92626. (agent) of certain real property situated in the City of Anahetm,
County of Orange, State of Galifornta described as:
Parcel A: That portion of the Third Class Land allotted to R.
Rivas, as described tn the Final Decree of PartftTon of the Rancho
Lanon de Santa Ana, a certtfied copy of which was recorded
February 8, 1874 in Book 28~ page 158 of Deeds, records of Los
Angeles County, California, described as follows: Parcel No. 4 as
shown on a Map filed in Book 100, pages 17 and 18 of Parcel Maps
in the Office of the Lounty Recorder of Orange County, Lalifornia.
Excepting therefran that portfon included within the land
described i~ deed recorded Hay 27, 1977 In Book 12215. Page 746 of
Offtcial Records of said Orange Councy. Parcel e: That portton
of the Third Llass land allotted to R. Rivas, in the Final Decree
of Partition of the Rancho Canon de Santa Ana, a cer[ifted copy of
which was recorded February 8, 1874 In Book 28, paye 158 of Deeds,
in the offlce of [he County Recorder of Los ~,ngeles Lounty,
California, is descrlbed as follows: Beginning at a point on the
Southcrly prolongatton of the Easterly ltne of Tract No. 925.
recorded tn Book 29, pages 42, 43 and 4b of Miscellaneous Maps, i~
the office of the County Recorder of said Orange County. distant
South 0° O1' 40" 11est 552.71 feet fra~n the Southeast corner of Lot
6 of said 7ract; thence North Q° 01' 40" EESi )52.71 feet to said
Southeast corner; thence Northerly 245.73 feet along satd Easterly
line to the Northeast corner of Lot 7 of said Tract; thence North
80~ 07' S0" East 118.67 feet to the Southwest corner of the land
described In the deed recorded February tk, 1930 in Book 358, Page
171 of Official Records; thence North 88° 04' East 150.00 feet
along the Southerly line of the land described in sald deed along
the Southerly corner thereof; thence South 1° 56' East 245.24
feet to a point on a line dtstant North 64° 37' 10" East 276.45
feet from the Southeast corner of sal~ Lot 6; thence South 1° 56'
East 191.44 feet; thence North 87°25' kest 281.65 feet to the
pofnt of beginntng. Except that portion descrTbed in the deed
re.:orded October 29, 1938 in Book 951, page 579~ OfFicial Records.
Nlsn except that portton described in e deed recorded Harch 1,
1972 fn Book 10020~ page 928, Offictal Records. Also except that
portlon descrtbed in a deed recorded August 17, 1976 in book
11853, page 306~ Offlclal Records.
WHEREAS~ the Clty Planning Commtssion did hold a public hea~ing at the City
Hall in the CTty of Anahelm on December 4, 1978, at 1:30 f.m., notTce of said publlc
hearing having been duly given as required by law and in accordance with the
provisions of the Anaheim Munlcipal Code~ Chapter 1&.03. to hear and consider
evidence for and against said proposed varlance and to investtgate and make findings
and recomnsendatlons in connection therewith; and
PC78-278
WHEREAS, sald GommTsslon. after due inspection, invesiigatlon and study made
by itself and in its behatf, and after due consideration of all evldence and reports
offered at said hearing, does find arid determine the following facts:
1. That the petitioner proposes waivers of thc following to retain
exisLing (llegal signs:
(a) SECTION 18.05.064.030 - Prohibited signs.
advertisin statues rohibited;
one statue ex st ng
(b) SECTION 18,05.097.020 - Haximum number of wall si ns.
one permitted tn the Scenic Corridor;
three existing)
2. That the proposed waivers (a) and (b) are hereby denied on the basts
that the petitioner did not demonstrate [hat a hardship exists in that thc size and
shape of the subJect property does not differ from other nearby similarly zoned and
developed properties; that the property Is no[ be?ng deprived of privileges being
enjoyed by other properties in the same zone and vicinity; that the commercial
buildings on subJect property benefit from substantTal visibility to nearby arterial
highways and a freeway; and that an undesirable precedent wouSd be estabilshed in the
Scenic Lorridor Zone Overlay if the.e Wafvers are 9ran[ed.
3. That the Planning Commission hereby determines that the existing ++all
sign facing La Palma Avenue canno[ be read from either La Palma Avenue or Imperial
ylgho~ay, that said sign is In the category of on-site advertising intended to be read
only by customers in the on-site parking lot; and that, therefore, said sign is
permissible and is not considered a wall sign as defined and discussed in the Sign
OrdTnance.
4. That there are no exceptTonal or extraordinary circumstances or
conditions applTcable to the property irtvotved or to the intended use of the property
that do not apply generally to the property or class of use in thc same vicinity and
zone.
5. That the requested variance is noc necessary for the preservation and
enJoyment of a substantial property right possessed by other property in the same
vicinity and zone. and den(ed to the propcrty in question.
6. That the requested varlance will be mate~ially de[rimental to the
public welfare or tnJurTous to the property or tmprovements in such vicintty and zonx
in which the property is located,
7. That one person indicaLed his presence at sald public hearing in
opposition; and that no correspondence was received Tn oppositfon to [he subJect
petition,
ENVIRONMENTAL IMPAC? FINDING: The Planning Dtrector or his authortzed
represcntat ve has determ ~ed that the proposed proJect falls within the definition
of Categorlcal Exemptions, C1ass il, as defined in Paragraph 2 of the Ctty of Anahetm
Environmental Impact Report Gutdelines and is. therefore, categorically exempt from
the requiremen[ to prepare an EIR.
-2- PC78-278
~
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NOW~ THEREFORE~ BE IT RESOLVED that the Anaheim City Planning Commtssion
does hereby deny subject Petition for VaPlance on the basis of the aforementioned
findings.
TNE fOREG0ING RESOLUTION is signed and approved by me thTs 4th day of
December~ 197a.
~ ~~ , A NG COMMISSION
ATTEST:
~Gf~ ~ /9L~ w w . ~
SECRETAR . ANAHEIM LITY PLANNING COMMISSION
STAYE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY Of ANANEIM )
I~ Edith L. Harris~ Secretary of the Anahcim City Planning Commission~ do
F~ereby certify that the foregotng resolutlon was passed and adopted at a meeting of
the Anaheim City Ptanning Lommission held on December 4, 1978, at 1:30 p.m.~ by the
following vote of the members thereof:
AYF_S: COMMISSIONERS: BUSHORE, DAVID, HER9ST, TOLAR
NOES: COMMISSIONERS: BARNES, KING
ABSENT: COMMISSIONERS: JOHNSON
1978.
IN WITt~ESS HHEREOF, 1 have hereunto set my hand this 4th day ~f December~
~~. ,~.° ~.:.
SECRETARY~ ANAHEIM GITY PLANNING COMMISSION
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