PC 82-48RESOLUTION fJ~, PCt32-4Si
A R[SOLUTIOFI OF TIIE APJAtIEll1 CITY PLAtdNlllG COFIMISSION
TfiAT PETITIOtJ FOR VARI/IIJ~E ~l0. 3257 [iE GRANTFD, IN P/1RT
WHEREAS, the Anaheim City Plinning Commission did receive a verified
Petition for Variance from 011ER G. BURNS, ET /1L., 123A ~lorth flarbor 8oulevard,
Anaheim, California 92~301, owner, of the land referred to is situated in the
State of California, County of Orange, City of Anaheim and is described as
follows:
THE NORTH 100 FEET OF THE SOUT}I 552 FEET OF THAT PORTIOFI QF LOT F,
MILES RANCfiO, AS 511041N OtJ A P1AP RECOP,OED I~I DOOK 4, PAGE 7 OF
HISCELLANEOUS MAPS, RECORDS OF ORl1PJGE COUNTY, CALIFOP.NIA,
DESCRIDED !1S FOLLOIJS:
DEGIt~NI1JG AT THE IIlTERSECTIOq OF THE V/EST LIWE OF SPRDP.A ROAD, AS
ROAD EXISTED OP~ APRIL 2q~ 1g2q~ IJITIi THE CENTER LitlE OF ROMNEYA
DRIVE; RU~~NIt~G TIiE~lCE NORTtIERLY~ ALOtJG SAID blEST LIFlE OF SPADRA
ROAD 712 FEET; Tf1ENCE WESTERLY, PARALLEL 411TI1 THE NQRTfi LIPJE OF
SAID LOT, 150 FEET; TfIEPJCE SOUTtIERLY, PARALLEL t•lITH SAtD WEST L1~7E
OF SPADRA ROAD~ 712 FEET~ MORE OR LESS, TO SA10 CEtJTER L1~lE OF
ROPINEYA DRIVE; TfIEtICE EASTERLY, ALONG SAID CENTER LIFlE OF ROMNEYA
DRIVE, 150 FEET TO THE POIPlT OF DEGI~~NIt1G,
WIIEREAS, the City Planning Comnission did hold a public hearing at the Civic
Center in the City af Anaheim on ~tarch 22, 19$2~ at ;:30 p.m., notice of said public
hearing having been duly given as required by lar~ and in accordance with the
provisions of the Anaheim Municipal Code, Chapter 1a.~3, to hear and consider
evidence f~r and against said proposed variance and to investiaate and make find)ngs
and r~carm~endatports In cannection therewith; and
WHEREAS, said Commission~ after due inspection, investigation and study made
by itself and in its behalf~ and after due consideration of ail evidence and reports
offered at said hearin9~ does find and determine the following facts:
1• That the petitio~ier proposes a waiver of the following to retain the
outdoor display of flowers and an existing free-standing sign.
SECTION iS,05.064.040 - Permftted outdoor advertisinq
portable outdoor advertisin devices not
permitted; outdoor flower displays existing)
SECTIOIJ 18,~5,093.p23 - Permitted location of frce-standinq si~ns
2. That the above-mentioned waiver (a) is hereby granted on the basis that
the petitioner demonstrated that a hardship exists in that anoLher Anaheim florist is
permitted to have outdoor flower displays outside the ~oalls of the building; that
denial would deprive subJe~t property of a privilege being enjoyed by other property
in the same zontng clascPfication; and on the Lasis that the petitioner stipulated
that the outdoor displays shall be located not closer than ten (10) feet to the east
property line (Harbor Sou{evard),
PC82-48
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3• That the above-mentioned 4~aiver (b) is hereby deiiied on the basis that
the petitioner stipulated at tlie public hearing to relocaCing the free-standing signs
to conform with Code requirements.
!f. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use, as granted, of the
property that do not apply generally to the property or class of use in the same
vicinity and zone.
;. That the rer~uested variance is necessary for the preservation and
enjoyment of a substantiai property right possessed by other property in the same
victnity and zone, and denied to the property in question.
6. That the requested variance, as granted, o~ill not be materially
detrimental to the public welfare or injur~ous to the property or improvements in
such vicinity and zone in which the proper':y is lucated.
7. That no one indicated their presence at said public hearing in
opposition; and that no correspondence was received in opposition to the subject
petition.
EFJVIRODIMCIdTAL IMPACT FIP~DINS: The Planning Director or his authorized
representative has determined that the proposed project falls a~ithin the definition
of Categorical Exemptions, Ctass 3, as defined in the State EIR Guidelines and is,
therefore, categorically exempt from the requirement to prepare an EiR.
F1041, TIiEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Variance, upon the following
conditions which are hereby found Yo be a necessary prerequisite to the proposed use
of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anahetm:
1. That approprTate alater assessment fees as determined by the Office of
Utilities Generai Manager shall be paid to the City of Anaheim.
2. That the owner(s) of subject property shall pay to the City of Anaheim a
fee, in an amount as determined by the City Council, for street lighting
atong Harbor 8oulevard,
3. That the owner(s) of subject property shali pay to the City of Anaheim a
fee, in an amount as detarmined by the City Council, for tree planttng
purposes along Harbor [ioulevard.
4. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1.
5. That the owner(s) of subject property shall submit a letter requesting Lhe
termination of Variance IJo. 105 ta the Planning Departrnent.
6. ihat Condition Nos. 1, 2, 3, 4, and 5 a~ove-mentioned, shall be campleted
within a period of sixty (60) days from the date herein.
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QE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine tha t adoption of this Resolution is expressly predicated upon
applicant's compiiance with each and all of the conditions 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 herein contained, shall be deemed nuli and void.
TFIE FOREGOIPlG RESOLUTIOtJ is signed and approved by me this 22nd day of
March, 1982.
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CtfAI RFtAN, APIAHE I M CI TY LAP1N i NG C0~1M1 SS I ON
ATTESi:
~~ ,~ ~~
SECRETAFY, AIJANEIM CITY PLANtdING COMMISSIOPJ
STATE 0 F CAL I FOP,N I A)
COUNTY OF ORANGE ) ss.
C I TY 0 F ANAHE I Pt )
I, Edith L. flarris, Secretary of the Anaheim City Pianning Commission, do
hereby certify that the foregoing resolution aias passed and adopted at a meetin9 of
the Anaheim City Planning Commission held on t4arch 22, 1982, by the foliowing vote of
the merrbers thereof:
AYES: COMh11SSI0NERS: BARNES, [30UAS, BUSHORE, FRY, HERBST, KIiJG, MC BURNEY
WOES: COMt41SSI0tJ'cRS: NOfJE
ABSENT: COM191 SS I ONERS : NOME
Ih! WITNESS 41HEREOF, I have hereunto set my hand this 22nd day of March~
~9a2.
f~ Jw^^v ~ /~f-EiLi/ w i ~
SECRETARY, ANAHEIM CITY PLANNINf, COMMISSIOPJ
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