PC 73-126- ,~ ,
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ItESOLU'I70N N0. PC73-126
A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY AF ANAHEIM
THAT PETITION FOR VARIANCE N0. 2509 BH{ii'sE~C9NTED IN PART
WHERGAS, tha City Planning Commission of the City of Maheim did receive a verified Petitioa for Variance from
BERNARD NICH"JiQSKY, 10485 Northvale Road, Los Angeles, California 90064, Ovmer;
M. BASSANI, 1117 Fountain Way, Anaheim, Califc:nia 92806, Agent of ceri~ein real property
situated in the City of Anaheim, County of Orange, State of Ca'!ifornia, dascribed as
Lot 2, Tract 5078, as recorded in Miscellaneous ~ap Book 88, Pages 7& B, Public Reaords
of Orange County, California; and
WHBREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on
June 11, 1973 at 2:00 o'clock p.m., notice of said public hearing having been duly ~iven as required by law and
in accordance with tlic provisions of the Anaheim Municipal Code, Chapter 18.68, to hear and coqsider evidence for and against said
proposed variance and to investigate and make findings and recommendations in connection therewith; and
W[iEREAS, said Commission, aftcr due inspection, investigation, and study made by itself and in its behalf, and after duc
consideration of all evidence nnd reports offered at said hearing, does find and determine the following facts:
I. That ~i~. pcutiunci ceyuests a variance from'the Anaheim Munici~al Code as .fallows:
a. SECiION 3Ei.52.040 - Permitted outdoor us~s. (Outdoor paint booth and
manufacturing activities not permitted; outdoor
paint booth and manufacturing aoti~ities existing
and proposed)
b. SECTION 18.52.060(3)(b) - Required masonry wall enclosing outdoor uses.
(6-foot solid~masonry wall required; 6-Yoot chain-
link (slatted) fe.noe proposed along ~outh line, no
wall proposad along viest and north lines)
2. That Waiver 1-a, ebove men•tioned, is hereby granted in part ss follows:
a. The request for the outdoor paint booth is granted, since the booth ~vill be
adjaaent to the building and encl.osed on three sides, q~~d7ertiestUooe redwood•-
ing activity will be screened from view from adjacent p_ Y
slatted chain link Penoe enclosing the rear porticin of tho property; further-
more,'the'paint booth has bean approved by the Anaheim Huilding Division and
Fire Department and the Orange County Air Pollution Control District; and
b. The request to permit outdoor fabrication end manufacturing activities is
denied on the basis that the petitioner stipulated to conduoting these activ-
ities indoors as required by the M-1 Zone.
3. That Waivez• 1-b, dbove mentioned, is hereby granted permitting a waivar of the
required. 6-foot masonry wall, sinae similar waivers have been granted in the past in the
industrial area, and that the petitioner stipulated to providing a 6-foot high chainlink
fence with redviood slats elong the north, rie~t and south prr,perty lines.
4. That there are exceptional ~r"extraordinary circumstanaes or aonditions'~applicable
to the property involved or to tha ':;~tended use of the property as granted that do not apply
geiierally to the property or clsss of use in the same vicinity and zone.
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5. That ths requested variance as granted is necessary for the preservation and en-
joyment of a substantial property right possessed by other property in the sa~e viainity and
zone, and denied ~o the proparty in question.
6. That the requested variance as grantad will not be materially detrimental to the
public welfare or injurious to the property or improvements in such vicinity and zone ir
which the property is located.
7. That the proposed use should be reviewed in one year in order to determine if tho
activities have beon detrimental to the surrounding properties; and that all of the manu-
facturing aativities, with the exception of the paint bcoth, are being conduated within the
building.
ENVIRON~TITAL IMPACT REPORT FINDING:
T'~at the Planning Commission, in connection with an Exeiuption Declaration Status request,
fi.nds and determines that the proposal would have no significant environmental imp~ct, and
therefore, reaommends to the City Council that no Environmental Impact Statement is necessary.
NOW aiT,~REFORE, BE IT RESOLUED that the Aneheim City Planning Commission does hereby
gr^.r.t~sub~jec~ Petition for Varianae, upon the following conditions which are hereby found to
be necessary prerequisite to tl~e proposed use of the subject property in order to preserve
the safety and general welfare of the Citizens of the City of Anaheim:
(1) That tresh storage areas shall be provided in acaordance with approved plans on
file with the affice of the Director of Publia Works.
(2) That subjeat property shall be developed substantially in aooordance with plans
and specifications on file with the City oP Anaheim marked Exhibit No. .l, provided however,
a 6-foot high chainlink fence with redwood slats shall be installed along the south, west,
and north property lines at the rear of the building; and further provided that a11 otl~er
manufacturir.,g and fabrication shall be oondueted totally indoors, as stipulated to by the
petitioner.
(3) That a time limitatior. of one year shall be granted for the use of subject prop-
erty, and upon writton request by tha pe'titioner, an additional period of time may be granted
I, Ann Krebs, Secretary of the City P'lanning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of th~ City
Planning Commission of the City of Anahoim, held on 7une 11, 1973, at 2:00 o'alnck P.M.,
by the follovring vote of the member~ theroP:
AYES: COMMISSIONERS: ALLRED, GAUER, HERBST, KAYWOOD, ROWLAND, SFYI~lOUR.
NOES: COMMISSIONERS: NONE.
ABSENT: COMMISSIONERS: FARANO.
IN WI~'NESS WHEREOF, I have hereunto set my hand this 21st day of ~ane, 1973.
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S pgETAR° AN IM CITY PLANNTNG COARdISSION
RESOLUTION N0. PC73-126
STATI~; OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAF~IM )