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PC 70-634 t / RESOLUTION N0. PC70-63 A RESOLUTION OF THE CITY PLANNWG COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0.2168 gE GRANTED WFiEREAS, the City Plenning C~mmtssion oE the City of Aneheim did receive a verified Petition for Verience from WILLIAM AND JAMES DE FORREST, 616 North Anaheim Boulevard, Ana!ieiin, California 92805, Owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Block 1 and Lot No. 4 of Tract No. 135. WHEREAS, the City Plonning Comminaion did hold e public headng at the City Hell in the City of Aneheim on 1aWAand ln a2ccadea e~wlth the p ov stons,of the AnnheimtMunicipeli Code,1iChepter 18.683 to hear nd cos der evidence for and egeinst said proposed varience end to investlgete and make findings and recommendetions in connection therewlth; end WHEREAS, said Commission, eFter due inspectlon, investigetion, end study made by itself end in its behalf, and aEter due considerntion of ell evldence and reports offered at saId hearing, does find and determine the following fects: !. Thet the petitioner requests a variance fwm the Anehelm Municipel Code as follows, to construct a 4£360 square foot addition for warehousin9 purposes on subject nroperty: a. SECTIO"1 18.44.010 - Permittad C-2 uses. b. SECTIOP.1 18.44.030(5-a-1) - Minimurn re uired arkin s aces. (9 required; 6 provided . c. SECTION 18.44.030(5-a-1) - Maximur~ ermissible lot covera e. (33-1 3 per- mitted; 72 proposed . ~ 2. That although the existing non-conforming use is a wholesale operation whici, would be parmitteu in the M-1 and M-2 Zones only, the nature of the activity is not too unlike many of the retai.l establishrnents that require large warehousing and inventory storage arcas such as a furniture store. Consequently, the Plannina Corr~mission detern~ined that the proposed expansion of the existing use would not have adverse effects upon the other uses within the area. :~. T~~at the pro~osed parking is deemed te be adeq~~ate for this wholesale operation based upon i;he naturu of the activity. However, the Planninq Commission determined that precau- tions should be taken to ensure thai: adequate parking woi~ld be available in the event that the existina wholesal.e operation ceases and a general retail business takes its place; vrhere- upon the petitioner stipulated to posting a bond to guarantee the removal of the new additiory i.f necessary, in order that adequate parking n~ay be made available. 4. That there are are exceptional or extraordi.nary circurnstances or conditions applicabie t.o r.he pronerty involved or to the intended use of tne property that do not apply qenerally to li~e property or class of use in the same vicinity and zone. %. 1'hat tt~e requeste~ variance is necessary for the preservation and enjoyment of a sunsCan~ial propercy right possessed by other property in the same vicinit•; and zon~:, :,:,-, "~°-'.i~•:i to tn? property in question. . TY~at the requested variance will noi. be ^ater,ally detrimental to the public ::e~fare o= 1;;jurious to the property or improvements in such vicinit~ and zone in v~hich the oro~:~:tt~ is :.ocateo. ~ ;~. ;~; ~~: NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which ace hereby found to be a necessary prerequisite to the pro- posed use oE the subject property in order to preserve the safety and general welfare of the Citizens of the Cit}~ of Anaheim. 1. That trash storage areas st~all be provided in accordance with approved plans ;~ ~ile with the office of the Director of Public Works. ' 2. That al.l air-conditioning facilities shal] be properly shielded from view. 3. That any parking area lighting proposed shall be down-lighting of a maximum heiynt of 6 feet, which lighting shall be directed away from the property lines to protect the res:- dential integrity of the area. 4. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopt~d by the City of Anaheim. 5. That a bond in an amount and form satisfactory to the City Attorney of tt~e City of Anaheim sl~all. be pos.ted with the City to guarantee the removal of a sufficient portion of the new building in the event yeneral retail uses were proposed for subject property, in order that adequate parking may be provided for said retail use= on the site, as stipulated to uy the petitioner. 6. That Condition Nos. t~ 2~ 3~ 4, and 5, above mentioned, shall be ~omplied w.i.th prior to final building and zoning inspections. 7. Ti~at subject property shall be developed substantially in accordance with plans and - specifications on file with the City of Analieim, marked Exliibit No. 1. THE FOREGOING RESOLUTION is signed and appro d by e t is~ 30th ay of A ri 1, 1970. i ` _ ~ _ CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: L~L- ?-?i3-~ ~f<,Q~ ~ SECRETAR~I ANAHEIM CITY PLANNiNG COMMISSION STATE OF CALiFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIh1 ) 1, Ann Krebs, Secretery of the City Planning Commission of the City o( Anaheim, do hereby certify that the fore- going resolution was passed end adopted at a meeting otthe City Planning Commission oEthe City o( Anaheim, held on April 20, 1970, at 2:00 o'clock P.M., by the following vote of the members thereof: AYES: COMMISSIONERS: Allred, Farano, Gauer, Seymour, Rowland. NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Herbst, Thom. IN WITNESS WHEREOF, I have hereunto set my fiand this 30th day of Apri 1~ 1970. ~ . ~ - ;~ ~ RGSOLUTION NO. 63 `~ ' ~ V2- .r, ,~ ~R I ~ 1 l i ( . '`~~Z~Z/ /A ~~_ .~~ SECRETARY ANAHEIM CITY PLANNING COMMISSION -Z- ~