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69R-701 - ,~ RESOLUTION NO. 69R-70l A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GlUU~TING VARIANCE NO. 2135 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from EARL HA.RDAWAY, Corona Del Mar, Owner, GF.ORGF. HARVF.V, T.nl=: Anap1 PI=:, Agent of certain real property situated in the City of Anahe1m, Coun y of Orange, State of California, described as follows: The Westerly 100.00 feet of the Southerly 190.00 feet of the Southeast quarter of the Southeast quarter of the Southwest quarter of Section 22, Township 4 South, Range 10 East in the Rancho San Juan Cajon de Santa Ana, as shown on a map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, California. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on November 3, 1969 , notice of which said public hearing was duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said City Planning Commission, after due inspection, investigation and studies made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, did adopt Resolution No. PC 69-219 granting Variance No. 2135, subject to certain conditions ; and _1_ ... -, WHEREAS~ thereafter, within twenty=two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council of the City of Anaheim protesting the action of the City Planning Commission ~..sn1:in9, said verlence, and said appeal was set for public hearing on Dec. 2 and lnntinued to Dec. 9 , 19~, at 7~OO c'clock PoMo at the City ell In the City of Anahe~and notice of such public hearing -W8S duly given as required by law and the provisions of Title 18, Chepter 18.76 of the Anaheim Municipal Code, and WHEREAS, after due investigation and studies made by Itself and in its behalf, and after due consideration of all the evidence and reports offered at said hearing, the City Council does rind and determine that~ I. There are exceptional or extrao:rdinary circum~ stances or conditions applicable to the property involved or to the intended use of the p~operty that do not apply generally to the property or class of use In the same vicinity and zoneo 20 That such a variance is necessary for the preserva~ tion and enjoyment of a substantial property r~ght possessed by other property in the same vicinity and zone and denied to the property in questiono 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the propert.y or improvements in such vicinity and zone in which the property is located. 40 That the granting of such variance will not adversely affect the comprehensive general zoning pIano NOW~ THEREFORE~ BE IT RESOLVED by the City Council of the City of Aneheim that a conditional zoning variance be, end the same Is hereby granted permitting the establishment of an auto rental facility in an existing restaurant structure with a waiver of the following Anaheim Municipal Code requirement, subject to the con- ditions hereinafter set forth: Section l8.37.020(a) Primary Uses: Establish an auto rental facility in an existing restaurant structure as a primary use. That said variance is granted subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot along Katella Avenue for street lighting purposes. 2. That ~he owner of subject property shall pay to the City of Anaheim the sum of 159 per front foot along Katella Avenue for tree planting purposes. 3. That Conditions Nos. 1 and 2, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of 180 days from date hereof, whichever occurs first, or such further time as the Planning Commission or City Council may grant. -2- 4. That trash storage areas shall be provided in accord- ance with approved plans on file with the Office of the Director of Public Works~ 5. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 6. That all air-conditioning facilities shall be properly shielded from view. 7. That Conditions Nos, 4, 5 and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 8. That subject property shall be developed substantially in accord~nce with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2 and 3. 9. That fueling of their own vehicles, minor repairs and washing of vehicles is permitted, but painting, body or fender work is prohibited. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, his successors or assigns, to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 9th day of December, 1969. -1Jfflj~ .~ ATTEST: ~ ~oV~AHEIM - -3- FAL!ms-6-25-70 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ss. ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-701 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of December, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-701 on the 9th day of December, 1969. IN WITNESS WijEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 9th day of December, 1969. ~~-R.~~ C CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R-70l duly passed and adopted by the Anaheim City Council on December 9, 1969. ~ ">t. AJ4-:C~ . City Clerk ~