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PC 72-77~ ~ PC72-77 RESOLUTION NO. A RESOLUTION O~F THE CITY PLANNING COMMISSION OF THE CITY OF ANAIiEIM THAT PETITION FOR VARIANCE N0.'L3G9 BE GRANTED WHEREAS, the City Planning Cemmiasion of the City of Aneheim did ceceive a verified Petitlon for Variance f:om COLLINS LIMITED PARTNERSHIP, 1077 Weat Ball Road, Anaheim, California 92802, Owner of cerCain real property situated in the City of Anaheim, County of Orange, StaYe of California, dea- cribed as follows: SUBJECT PROPERTY: Beginning at a poinC on the South line of Weat Broad- way which said point is 40 feet South of a point which is 132.88 feet East of a cement monu- ment marlcing Llie Northwest corner of Lot- 47 of "Anttheim Extension," as shown on a Map of Sur- vey made by Wm. Hamel and filed for record with the County Recorder of Los Angeles County, Cslifornia, said point being the intersection of the SouL•h line of Weat Broadway with the West line of Adams Street, running thence South 0° 10' West along the West line of said Adams Street and the conti.nuation thereof 455.75 feet to the South line of the tracC of land con- veyed to the Anaheim Manufacturing Company by deed recorded November 12th, 1920 in Sook 378, Page 396 of Deeds; thence South 88° 57' WAst along said South line 100.40 feet to a point on the ~ast line of the right of way of the Los Alamitos Sranch of the Southern Pacific ltailway; thence North 0~ 05' West along said East line 248.44 feet to a point and continuing along said right of way line ~r, a curve NortheastPrly with a radius o0 352.25 feet to an intersec- tion on the South line af said Broadway Street; thence North 88 55 East along said South line 34.4/F feet to the point of beginning; and WHEREAS, the City Planning Commieaion did hold a pubIic headng et the City Hell in the City of Aneheim on April 17, 1972, et 2:00 o'clock P.M., notice of said public hearing he~~ing been duly given es cequiced by lew and in accocdence with the pcovisions oE the Anehelm Maniclpel Cude, Chap!er 18.68, to hear and coneider evldence for end againet seid proEvsed varience end to investigate and meke finding's end cecommendetlons in connectior. thecewitl:; end WHEREAS, said Cammission, efter due inepection, investigation, end study made by itself and in its behalf, and aEter due consideretion of ell evidence and reporte otfeced 2t seid heering, does find enJ deteanine the Eollowing facta: 1. Thet the,petitioner cequests variances from the Anaheim Municipal Code as follows: a. SECTION 18.52.020 -~ Permitted uses. (A.center for the sale of hand- crafted art objecta and nelated merch:~ndiae with food sales prop~osed) b. SECTION 18.52.060(2-a-1-b) - Minimum landscaped setback along an arterial high- wav• (10 feeY. required; 5 feet proposed) c. SECTION 1(3.52.060(2-a-3) - 5 foot setback requirement ~lon~ Adams Street. This waiver no longer neceasary as Adams Street ie not a public street) d. SECTION 18.52.060(3-b) - Outdoor user3 to be screened. (6-foot high solid -" masonry wall required; 6-foct high wooden fence proposed) e. SECTION 18.40.070(4-a-2-f) - Minimum nu~nber of required parkinR spaces. (58 parking apaces proposed; fs3 parking spaces required) f. SECTION 18.52.060(4-h) - ParkinR area improvements. (Parking areas to be surEaced to eliminate dust; no surfacing proposed) 2, That Waiver 1-a, above mentioned, ehall be t;ranted for a period of one year to deter- mine the impact of the use on the industrial area, and to detetmine whether or not narking being provided ia adequate to serve the proposed use:, and a review at the end of one year will 6e made by the Commiesion to determine if the use s}iould be continued. 3. That Waiver 1-b, above menttoned, is hereby granted on the baeis that it is essential that the maximum amount of parking poseible be provided for the existing building and the re- quired 10 feet of landscaping would reduce the proposed parking considerably. 4. That Waiver 1-c, above mentioned,'ia hereby determined to be unnecessary since Adama Street is not a public street. Vl-G -1- ~ ~ 5. That Waiver 1-d, above mentioned, is hereby granted on the basis that a wooden fence is deeme3 adequ2te to enclose the proposed outside activities. 6'. That Waiver 1-e, above mentioned, is hereby @ranted for a period o`_' one year in or- der to determine whether the proposed parking spaces will be adequate to serce this use, 'and a review at the end of one year wi11 be made by the P7.anning Commission to determine if pazking is adequate. 7'. That Waiver 1-f, above mentioned, is hereby denied on the basis that pa~-king areas should be surfaced and landscaped in conFormance with Cede requirements; however, the peCition- er stipulated to improving (paving and landscaping) the front pari:ing area prior to commenc2- ment of Lhis activity, and the Planning Cormnission grants the petitioner 1R0 3ays in which to complete improvements (paving and landscaping) of the rear parking area. 8. That the netitioner stipulated to no outside entertaining between the hours of 5:00 a.m. and 5:00 p.m. 9. That the petitioner stipulated that there would bc no outaide business condur_ted in any of the psrki.ng areas. 10'. Tl~at there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property, as granted, that do not apply generally to the property or class of use in the seme vicinity and zone. 11'. That the requested variance, as granted, is necessary for the preservation and en- joyment of a substantial property right poasessed by other property in the same vicinity and zone, and denied to the property in question. 12'. That the requested variance, as granted, will not be materially detrimenral to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 13. That one person appeared, and one letter was received in opposition. NOW, THEREFORE, BE IT RESOL~ED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to 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 Anaheim: (l.) That tlie owners of subject property shall. deed to the City of Anaheim a strip of land 45 feet in width frc:a the centerline of the str.eet along Broadway for street widening pur- posea. (2) That trash storage ar~as shall be provided in accordsnce with approved plans on file with the office of the Director of Public Works. (3) That the existing structure shall be brought up to the minimum st~ndards of the City of Anaheim, includin~ the Uniform Building, Plumbing, Electrical, Housing, Mechanical ~nd rir.e Codes as adopted by the City of Anaheim. (4) That the finnl parking plan shall be approved by the I7evelopment Servicea Deparement, and any landscaped areas in the parking area shall be protected with 6-inch high concrete curbs and concrete wheel stops shall be provided for parking spaces as required by the Development Services Department. (5) That tte applicant shall furnish to tt~e City Attorr.ey's office satisfacCOry evidence that t~e has legal access to the parking areas on aubject property. (6) That subject: property shall be developed substantially in accordance with plana and apecifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2 provided, however, that the front parking area shall be surfaced and landscaped as stipulated to by the petitiouer prior to the commencement of any activity on the premises, and ~urther provided that the rear parking area shall be surfaced and landscaped within 180 days as stipulated to by the petition- er. (7) fhat Condition Nos. 1, 2, 3, 4, 5 and 6, above mentioned, shall be camplied with prior to the commencement of the activity authorized under this reaolution or prior to the time that the building permit i~ issued, or within a period of 180 days fran date hereof, whichever occurs first, or such further time as the Planning Commission may grant. (8) That there ahall be no outside enCertainmettt between Lhe hours of 8:00 a.m. and 5:U0 p.m. as stipulated to by the petitioner. (9) That there ahall be no outside business conducted in any of the parking areas as stipulated to by the petitioner. (10) That the use shall be granted fur a period of one year, after which Che Plar,ning Cocmnission will review the use to determine its compatability with the area, and deteanine ti+hether the parking being providEd is adequate. If it is found to be adequate, the Commission may grant an additional period of time for the use. However, if the parking is determined to be inadequnl•e, the Commissiun may require that parking be provided in conformance with Code, or that the use shall be terminated. THE FORECOING RESOLUTION is sign=d and apprnv b his 27th day of April, 1972. ~ CHAIRMAN ANAHEIM CITY PLANNING COMMISSION RESOLUTION N0. PC72-77 V2-G 'Z' ~ ~ , ATTEST: /N~-~~"i~~i~o ~SECRET!lRY tiNAFiEIM CITY PLANNING COMM'i.SSZON ST.AxE QF C~; s~IP~TtN7A i u(D(lNtiv 'OF ORANt~E ) ss • ~%TY OF i1NAAcIM ) ., Aan Kreba, ~<-~".'et~:~. ~~ 'che City °Iar,ning Comnission of the City of Anaheim, do !•,cr•rth;p ;:a~.~fy tha.` :;',e foLr;•;;oing resalutiol eb~s passed avd adapted at a meeting of the City _•l~t;i~ii.,24. ~.,cnrs>3.~ai~~r~. of t5a ;iCy uf ~i~ahe.Y,c, '~ei~l on April 17, 1972, at 2:00 o'cZock P.M., by th~ f.a1lo~:irg uc;~~ of the :~~~~;bers the-~'~,~`< 6Y£0: C,?ki?f::~"~ .,..;;.~: AL?.P'~i7~, d,,~ilt?~, Cn.T•;~'~:.. i~>3ST~ KAYWOOD~ ROWLAND~ SEYMOUR. NOES: COMMI:+`3z.?E7~t:s; N~~`.. ABSENT: COMLfISSI~l?SP.S: NOi'v'.-.. IN WITNESS WHEREUF, I have hereunto set my l~and this 27th day u{ April, 1972. SL~~AR~ Ir1 l.~ NNING COMMISSION RESOLUTION t10. PC72-77 V3-G "3'