PC 85-104kESOLUTION [d0. PC85-104
A kESOLliTIUN OF THE ANAHEIM CITY PLANNING COl1MISSION
THAT PETI'rZON FOR VARIANCE NO. 3478 BE GRAPTED
WHEREAS, the Anaheim City Plannin9 Commission did ceceive a verified
Petition for 'variance from COUNTRY CL'JB HOTELS, INC., 14771 Pl.aza Drive, 'G',
Tu:,tzn, California 92680, ownec, and JOSAM OZYP, 1251 North Yarbor Boulevard,
Ar.aheim, Califocnia, 928U1, agent foc certain real property situated in the
City of Ana};eim, County of Oranye~ State of Califocnia described as:
LOT 100 OF TRACT NO. 2302, IN THE CITY OF ANAHEZM~ AS PER MAP
RECURDED IN BOOK 76~ PAGES 29, 30 AND 31 OF' MISCELLANEOUS MAPS~
IN THE UFFICE OF THE CUUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFkOM ALL OIL, GAS~ 6fINERALS AND OTHE2Z HYDRUCARBON
5UBSTANCES LYING BELOPJ A DEPTH OF 500 Ff;ET~ BUT WITHOUT THE RIGHT
OF SURFACE EhTRY TU TAiCE, MARKET OR DRILL FOR SAP1E AS RESERVED IN
THE DGED FROM SPALROM ESTATES, A PARTNERSHIP, RECORDED APRII. 18,
1957, IN BOOK 3376, PAGE 402, OEFICIAL RECORDS.
PARCEL 2:
TNOSE PORTIONS OF :,OTS 3 AND 6 OF MILES RANCHO, PiL'tTLY IN THE
CITY OF ANAHEIM~ ANL' PARTLY IN THE CZTY UF FULLERTON~ COUNTY OF
O~Zf.NG£, STAT£ OF CALIYOP.NIA, AS PEP, MAP P.ECORDED IN E'OOK 4~ PAGE
7 OF FIISCELLANEOU5 MAI?S~ IN THE OFFICE OF THE COUNTY REI..~DER OF
SAID COUNTY, IDICLUDED WITHIN THE FOLLCWING UESCRIEED LAND:
BEGINNING AT A YOINT IN THE SOOTH LINE OF TE3AT PORTSON UF THB
EAST 250.00 FEET QF' SAID LOT SIX~ LYING NORTH OF A LINE PARALLEL
WITH THE NORTH LICi~ OF SASD LOT SIX AND PAGSING THROUGH A POINT
ON TffE WEST LINE OF HARBOR BOUI.EVARD, FORMERLY SPADRA ROAD~ AS
SAID ROAD EXISTII~G APRIL 'G9, 1929~ DISTANT 712.00 FEET NORTH OF
THE CENTERLINE OF ROPINEYA DRIVE, DISTANT ALONG SATD SOUTH LINE
NOF.TK 99° ?3' 18' WF.ST A DISTTNCE OF 42,69 FF,RT FROM THE
CENTERLINE OF SASI) HARBOF BOULEVARD~ 60.00 FEE'C WIDE, AS SHOWN ON
A MA? OF TRACT NU. 2302, RECORDED ZPI BOOK 76, PAGES 29 to 31,
ZNCLUSIVE, 06' M:SCELLANEOUS hIAdS~ RECORDS OF ORANGE COUNTY~
CALIF'ORNIA; THENCIi ALONG SAID SOUTH LINE NORTH 89° 33' 18' WEST A
DISTANCE OF 207.23 FEET TO THE WEST LINE OF THE EAST 250 FEET OF
SAIll LOT SIX; THENCE ALONG iHE WEuT LINE OF TEIE EAST 250 FEET OF
SAIL LOT SIX~ NORTH 0° 26' 42' EAST A DISTANCE OF 86.92 FEET;
THENCE SOUTH 80° 06' 00' EAST A DISTANCE OF 117.55 FEET; THENCE
NORTH 89° 43' 09' EAST A DISTANCE OF 73.16 FEET; THENCE SOUTH 15°
55' 24' EAST 68.47 FEET 'PO THE POINT OF BEGINNING.
EXCEPT ALL MIPlERALSe GILS, GASES AND OTHER HYDROCARBONS BY
WHATSOEVER NAME KNOWN THAT MAY BE WITk1IN OR UNDER THE PARCEI, OF
LAND k1EREINABOVE DESCRZBED WITHOUT, li0D7EVER, THE RZGHT TO DRILL~
DIG OR lfINE THE SURFACE 'tHERF.OF~ AS RESERVED 'iN THE DEED FROM THF:
CITY OF ANAAEI~ti~ A MUNSCIPAL CORPORATION~ RECORDED APRIL 8, 1963,
IN &OOK 6499~ PACE 622, OFFICIAL RECORDS.
#U503r
PC85-104
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SAID LANA IS INCLUDED WITHIN THE AREA SHO{JN ON A MAP FILED IN
BUUK 67, PACE 49 OF RECORD OF SURVEYS IN THE OFFICE OF SAID
RECORDER.
PARCEL 3:
THAT PORTION OF LOT 6 OF MILES RANCHO, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE~ STATE OF CALIFORNiA~ AS PER MAP RECORDED IN
BOOK 4~ PAGE 7 OF MISCELLANEOUS MAPS~ IN THE QFFZCE OF THE COUNTY
RECORDER OF SAID CO~JNTY~ DESCe~IBED AS FULLOWS:
BEGINNING AT A POINi OPJ TNE WESTERLY LINE OF HARBOR BOULEVARD,
FORMERLY SPADRA ROAD, AS SAIA ROAD EXZSTED APRIL 29, 1929~
DISTANT 712.00 FEET NORTHERLY OF THE INTERSECTION WITH THE
CENTEkLIN~ OF ROFINEYA DRIVE; THENCE WESTERLY 150.00 FEET PARALLEL
, WITH THE NORTHERLY LINE OF SAID LOT 6; THENCE SOUTHERLY 50.00
; FEET PARALL$L W:Td SAID FiESTERLY LINE OL•' HARBOR BOULE4'ARD; THENCE
EASTERLY 150.J0 FEET PARALLEL WITH SAID NORTHERLY LINE OF LOT 6
TO SAID WESTERLY LINE OF AARBOR BOULEVARD; THENCF. NOR2'i:ERLY 50.00
FEET ALUNG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED AS PARCEL 8 IN THE
FINAL ORDER UF COP~DEMNATION RECORDED AUGUST 4, 195E'~ ZN BOOK
4371~ PAGE 185, OFFZCIAL RECORDS.
SASD LAND IS INCLUDED WITHIN THF, AREA 3HOWN ON A T1AP FZLEU IN
bOUK 10~ PAGE 24 OF RECORD OF SURVEY, IN THE OFFICE OF THE COUNTY
RECORDLR OF SAIll COUNTY.
YARCEL 4;
THAT POR'!'ION OF LOT 6 OF MILES RANCHO~ IN THE CITY OF ANAHEIM~
COUNTY OF ORANGE, STATE OF CALIPORNIA~ AS PER MAP kEG~RDED IN
BOOK 4~ PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNT"t
RECORDER OP SAID COUNT~~ DESCRI9EL AS FOLLOWS:
dcGi[vtvlNl~ A1' A POINT ON THF WEST LINE Of' SPADRA ROAD AS SAID ROAD
EXISTED ON APRIL 29~ 19~9~ 552 FEET NORTHERLY OF THE INTERSECTION
OF THE WEST LINE Op S1fADRA kOAD WITf: THE CENTER LIP1E OF ROMNEYA
DRIVE; THENCE WEST PARqLLEL TO THE NORTH LINE OF SAID LOT SIX~
150.00 FEET; THENCE NORTn FARALLEL TO THE WEST LZNE OC SPADRA
ROAD 110.00 FEET; TIIENCE E1S`f PARALLEL i0 THE NORTH LINE OF SAID
LOT SIX~ 150.00 FEET; TH,^•.tJCE SOUTH 110.00 FEET TO 'PHE PUINT OF
BEGINNING.
PARCEL 5:
7'HAT PORTION OF LOT 6 Ofi MILES RANCHO, IN THE CITY OF ANAHEIb1~
COUNTY OF ORANGE, STATE OF CALIFORNIA~ AS PER MAP RECORDcp IN
BOOK 4~ PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAIA COUt~TY, DESCRIBED ~S FOLLOWS:
-2 PC85-109
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BEGINNING AT A POINT ON THE EAST LINE OF SAID LOT~ DISTANT 712.00
PEET~ FIEASURED ALONG SAID EAST LINE, FRUhf ITS INTERSECTION WITH
TIiE SOUTH LINE OF SAID LOT~ (SAID EAST AND SOUTH LOT LINES BEING
CONSTRUEU TO BE THE CENTER LINE OF ADJO:NING ROADS AS SHOWN ON
SAID FIAP; THENCE WESTERLY ON A LINE PARALLRL WITH THE NORTH LINE
OF SAID LOTr 180.00 FEET TO THE TRUE PpINi' OF itEGINNZNG; THENCE
CONTINUING WESTERLY ALONG SAID LAST MENTZONEU LINE PARALLEL TO
TFiE NORTN LINE OF SAID LOT, 100.00 FEET; TH£NCE SOOTH PARALLEL
WITli T}IE EAST LINf: OF SAID LOT, 210.00 FEET; THENCE EAST PARALLEL
WITH THE NOkTH LINE OF SAID LOT, 100.00 FEET; THENCE NORTH
PARALLEL WITH THE EAST LINE OF SAZD LOT, 210.00 FEET TO THE TRpE
POINT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of :~nahei~i on April 15, 1985, at 1:30 p.m.,
notice of said putlic hearing hav~ng been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said pcoposed variance and to
investigate and make fir~dings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all
evidence a~d reports off.ered at said hearir~g, does find and deteruiine the
followin9 facts:
1. Tnat the petitioner proooses ivaivers of the following to
enJ.arge an existing fceestanding sign:
(a) SECTIO[V 18.05.093.023 - Permitted l.ocation of a freesl•andinq sian.
(9U feet from south property line cequired;
41 'eet existing)
(b) SECTION 18.05.093.0231 - Minimum distance between freestandinq siqns.
(300 feet required; 164 feet existing)
1. 'Phat the above-mentioned waivers are hereby granted on the basis
that there are special circumstances applicable to the property such as size,
shape, topography, Location or surroundings, which do not apply to other
identically zoned properties in the vicinity; and that strict application of the
Zoning Code deprivrs the property oE privileges enjoyed by other properties in
identical zoniny ~iassification in the vicinity.
3. ihat there are exceptional ar extraocdinary circumstances or
conditions applicable to the proper.ty ir~volved or to the intended use of the
property that do nor app:ty gene~rally to tSe property or class of use in the same
vicinity and zone.
4. Tliat the r.equest•ed variance is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in the same
vicinity and zone, and denied to the property in question.
5. That the requested variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such vicinity
and zone in ++hich the property is located.
#U503r -3- PC85-104
6. That ro one indicated their presence at said public hearing in
oppocition; and that ao correspondence was received in opposition to subject
petition.
ENVZRONMEtdTAL IMPACT FINDING: The Planning Director or his authorized
representative has determined that the proposed p~oject falls within the definition
of Cacegorical Exemptions, Class 11, as defined in the State EIR Guidelines and is,
thecef~re, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, SE IT ZESOLVED that the Anaheim City Plannin~ Commission
does hereby grant suoject Petition for Variance, upon the following conditions
which are hereby £ound to be a necessary prerequisite to the proposed use of the
subject property in order to prese:ve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That subject property ~hall be developed substantially in accordence with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through 4.
2. That prior to final building and zoning inspections, Condition No, 1,
above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the Anaheim City Planni~g Commission does
hereby find and determine that adoption of this Resolution is expressly predi~ated
upon aYplicant',; co~pliance with eacn and all oE the conditions hereinabove set
forth. Should any such condition, or any part thereof, be declared invalid or
unenforceable by the fina.l judgment of any couct of competent jucisdiction, then
this Resolution, and any approvals herein contained, shall be deemed null and void.
THE EOREGOING RESCLUTION is signed dnd approved by me this 15th day of
April, I985.
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~ ~CHAIRMhN, ANA b1M CZTY PLANNING COMMISSION
ATTEST:
- ~r^' ~r! r ,~.° '
SECRETARY~ ANAHEZM CITY PLANNING COMMISSION
STATE OF CALIFORNIF )
CGUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on April 15, 1985, by the following vote
of the menbers thereof:
AYES: COb1MISSIONERS: BOUAS, BUSHORE~ HERBST, KING, MC BURD;EY
NOES: COPIMISSIOPlERS: NONE
ABSENT: COMMISSIONER&: FRY~ LP. CLAIR~
IN WZTNESS WHEREOF~ I have hereunto set r~y hand this 15th day of April,
1985.
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SECRETARY~ ANAfiEIpl CZTY PLANNING COMMISSION
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PC85-104