PC 79-232RESOLUTIOf~ N0. PC 79-232
A RESOLUT 10~I OF THE ANAHE IM C ITY PLANN I~~G C011N I SS I ON
THAT PETITION fOR VARIANCE ~~0. 31z3 BE GRANTED
4lHEREAS, the Anahetm City Piannfng Commisslon did receive a verified
Petition for Variance from LOUIS A. CANNON AND FRANCES CANNON, 13223 Ventura
Boulevard, North Hollyvrood, Laltfornfa 91504. owners, and KENT PkILLIPS, APACHE
PLASTICS. INC., 1011 East Walnut Strcet~ Santa kna, Caltfornla 9z701, agent, of
certain real property situated tn the City of Anaheim, County of Orange. State of
Californla descrtbed as:
The Uesterly 321.00 fee[, measured at rioht angles Co the Westerly
lot ltne, of Lot 7 in Btock 7 of the Golden State Tract, as shown
on a map recorded in book 4, pages 66 and 67 of Miscellaneous
Naps~ records of said Orange County, Lalifornla.
WHEREAS, the City Planning Commisslon dtd hoid a public hearing at the City
Hall in [he City of Anahelm on October 22, 1g79. et 1:30 p.m., nocice of sa(d publi•:
hearing having been duly given as required by law and in accordance wtth the
provlsions of the Anaheim Hunicipal Lode, Chapter 12.03, to hear and constder
ev{dence for and ayainst said proposed varlance and to investigate and make findings
and recortmendations in connection thererri[h; and
WHEREAS, said Conmission, after due inspection. investigatlon and study made
by itself and in ([s behalf~ a~d after due consideration of all evidence and reports
offered at said hearing~ does find and detcrm(ne the following fac[s:
1. That the peti[toner proposes a waiver of the following to permit a
chain link fence interwoven with aluminum slats:
SECT~ON 16.61.068.031 - Re uirecl enclosure of outdoor use.
a ~ nk nterrrovcn w th redwood or cedar slats
requlred; aluminum slats propose
2. That the requested Naiver Is he~eby granted on the basTs that denfal
Hould dcprive the property of privileges enJoyed by other properties under identTca)
zaning classtflcation in the viclnity.
3. That ehere are exc~pCion~l or eutraordinary circumstances or conditions
appllcable to the proper[y involved or to thc intended use of the property that do
r- apply generally to the prope!'ty or class of use Tn the same vicinity and zone.
4. Tn~t the requested varlance ts necessary for the preserva[ton and
enjoyment of a substantlal property right possessed by other propcrty Tn the same
vieinity and zone~ and denled to the property in questlon.
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Pt79-232 %
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5. That the ~equcsted variance wlli not be matertally detrtmental to the
public welfare or in)urlous to the property or improvements in such vicinity and zone
in whtch the property Is located.
6. That no o~e tndica[ed chetr presence at satd publlc hearing in
oPPosltion; and that no correspondence was recelved in opoositlon to the subJect
petitiort.
ENVIRONNE!lTAL IMPACT FiNDING: The Planning Director or hfs authorized
representat ve as eterm ned that [he proposed project falls withTn thc definttlon
of Categorical Exempttons, Llass 1, as defined in Paragraph 2 of the City of Anaheim
Envtronmental ~mpact Report Guidelines and is, Cherefore, categorically exempt from
the requiremen[ to prepare an EIR.
p041, TNEREFORE, BE IT RESOLVEO [hat the Anahe(m City Planning Lomm(sston
does hereby grant subJect Pe[(tion for Variance, upors che following conditions r~htch
are hereby found to be a necessary prerequisite to the proposed use of the subJect
property in order to preserve the safety and generat welfare of the Citizens of the
City of Anahefm:
1. That ail engineering requlrements of thc Lity of Anahetm ~long Mlraloma
Avenue. includtng preparatlon of tmprovement plans and Installatlon of ali
imarovements such as curbs and gutters, sideaalks, stree[ grading and pavtng.
dratnage facilities or other appurtenant work, shall be compited with as requfred by
the City Engineer and tn accordance wtth standard plans and speciftcatlons on f(le In
the Offtce of the Clty Engineer; that stree[ Iighting faciltties along Miraloma
Avenue shall be installed as requlrcd by the Offtce of Utilities General Manager,
and in accordance with specifications on file In the Office of Utilities General
Manager; and/or that a bond, certificate of deposit. letter of credit, or cash, in an
amount and form sa[Isfactory to the Ctty of Anaheim shall be posted with the City [o
guarantce the Installation of the above-mentlened requtrements prior to occupancy.
2. That the outdoor storage yard shall bn entirely covered wTth a 3-inch
iayer of packed decomposed granite as clarifted in connectton wlth the previously
aPProved Conditional Use Permit No. 1976.
3. That subject property shall be dtveloped substanfTally in accordance
Mrith plans and speclficatTons on file w(th the City of Anahetni marked Exhtbit tle. i.
4. That Condition Mos. 2 and 3, above-mentioned, shall bp complted wiLh
P~tor to final building and zoning Inspectlons.
S. That [he proposed use ts hereby granted for a perlod of flve (5) years
in conJunction wTth Conditlonal Use Permit No. 1976 prevlously approved for subject
property on July 17, 1979. subJect to rcvlew by the Pianning Commtsstan for possible
extenslons of time upon written reques[ of the petitloner.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commisslon does hereby
ftnd and determine that adoptlon of this ResolutTon is expressly predtcated upon
aPPllcant's compllance wTth each and all of the conditlons hereinabove set ferth,
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Should any such condltion, or any part thereof, be deciared invalid or unenforceable
by the fina! Judgment of any court of competent Jurisdlction, then this Resolutton~
and any approvals hereTn ccntained, shal~ be deerr~a~ ~ull and void.
THE FOREGOING RESOLUTION is signed and approved by me this 3rd day of
December, 1979.
CHAIRMAN. ANAHEIN C1TY PLA~NIHG CO?1NISSION
ATTEST:
1.~, ~ +9~Q/ln.:.ai
SELP,ETARY, NAHEIM Cl~f LANNING COMMISSION
STkTE OF CALIF9RNlA )
COUNTY OF ORANGE ) ss.
C IZ'Y OF ANANE IM )
I~ Edith L. Harrls, Secretary of thc Anahcim Lity °ianrttng Co~tssion. do
hc~reby certify that the foregoing reso7utlon was passed and adopted at a meettng nf
the Anaheim Ctty Planning Commission held on December 3, 1?79, by the following vote
of ttie members thereof:
AYES: CQMN155fONERS: BRRP~ES. BUSHORE, DAVID~ FRY, HERBST, KIt~G~ TOLAR
NOES: COMMISSIONERS: NO~~E
ABSEMT: COMHISSIONER5: NOt~E
1~7°.
IN WITNESS wNEREOF~ I have hereunto set my hand thts 3rd day of Decembar,
~~ELRE AR~~ ' AFlNING OMM 55 ON
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