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PC 73-20RESOLUT~ N0. PC73-20 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE NO. 2469 BE DENIED WHEREAS, Ure City Planning Commission of the City of Anaheim did receive a verified Petition for Variance from TITLE INSURANCE AND TRUST COMPANY, Trustee of the John D. Ardiaz Testamentary Trust, A~tention of R.E. Sdeilman, 'Prust Officer, Post Office Box 88, Santa Ana, California 92702; CALVIN L. PEBLEY, 609 Tudor Place, Anaheim, California 92801; PARKS PROPERTIES, iNCORPORaTED, Attention of C. fiirk Lefler, 2975 Nuntingcon Urive, San Marino, California 9110d; L. GRANT ROBINSON, Trustee, 2975 Huntington Drive, San Marino, California 91108, Owners; P B R COMPANY', Attencion of Howard J. PendleCOn, 1020 East Vermont Avenue, Ana- heim, California 92865, Agent of certain reai property situated in the City oF Anaheim, County of Orange, State of California, descriUed as PARCEL 1: The westerly 77.20 feet oL the r.ortherly 10 acres of ehe easterly 25 acres of LoL 21 of Anaheim Extension as per Map of Survey by W. Hamel, Book 3 page I63, et seq, entitled L. A. Co. Maps in Orange Co. Recorder's OfEice. PARCEL 2: Lots 3, 4, & S in Tract 3315, as per map re- corded in book i20 pages 1 ar.d 2 of Miscel2aneous Maps, in the office of the County Recorder of said ~ountV. PARCEL 3: Lots 5 thru 8 and Lots 13 thru 18 of Tract No. 5452 as per map recorded ir. book 211 peges 1 and `G of Miscelianeous Maps, in the office of the county recorder of said county; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim. on January 22, i973, at 2:00 o'clock p.m., notice of said public hearing having been duly ~iven as required by law and in accordance with the provisions of the Malicim Municipal Code, Chapter 18.68, to hear and consider evidence for and against said proposed variance and to investigate and make rndings and recommendations in connection therewith; and WHEREAS, said Commission, after duc• inspection, investigation, and study madc by itself and in its behalf, and aiter due consideration of all evidence and reports offered at said hcaring, does find and determine thc following facts: 1. That the petitioner requests, variances from the Anaheitn"Municipal Code as follows: a. SiS~:'"ION 1$.52.040 - Permitted outdoor uses, (To permit the outdoor fabrication and assembly of signs) b. SLCTION 18.52.060(3-b) - Required enclosure of permitted uu[door uses. (6-fooc high masonry wali required; 6-foot high chainlink fe~ce proposed) c. SECTION 18.52.060(4) -~ Minimum number of reUUired parlcin~ spaces. (196 spaces required; 38 on-site spaces and sup- plementery off-site tempor3ry parking areas pro- posed) 2. That the petitioner has not proven a hardship existed in the u~e of the property because of the unusual ~ize and shape of. the parcel. 3. That [he par'kir.g s.tuation in this area is critical now a:~d to approve a waiver ot parking for the use would not be improving the situacion. 4. That che pecitior.e~ has been in ~~iolation of the parking requtrements specified in a pcevious zoning action (Condi:ional Use Permit Nu. 742) approved on this prop~rty since l~e has devoCed his en~Lre outdoor area to assembly and storage of signs rather than maintaining the rEquired psrking areas. 5. That the peti[ioner has been charging storage fees for signs left on the premises by their cuscomers and said sigrs are occupying required parking spaces. 6. That if che peticioner is going to provide such a storage service, lie should ac- quire addicional propert}~ for this activity. 7. Tha~ if tl~e petitior.er would have complier? with the requi.rements of Conditional Use Permit No. 742, ici which specific areas were propoced for outdoor assembly of signs, ~lie parking situation would be Lmproved; however, the outdoor assembly of signs has been expanded beyund the boundaries of the use originally approved, thereby creating a defi- ciency of parking. Vl-D _ ~ _ DEV-66•E ~ ~ 8. That the petitiorer is providing only 38 parking spaces, hokever, he has 65 employees on the largest shift, thereby requiring employeQS to park on the street or use other industries! parking spaces when street parking was not available, thereby depriving adjoining industries of their rights to on-street parking for customers. 9. That granting a waiver of SOe of the required parking to the petitioner would be granting a privilege not enjoyed by adjoining industrial uses. 10. That there are no exceptional or extraordinary circumstances or conditions appli- cable to the property involved or to the intended use of the property that do not apply generally to the prop~rty or class of use in the same vicinity and zone. 11. That the requested variance is not necessary for the preservation and enjoyment of a substantiel property right possessed by other property in the same vicinity and zone, and denied to the property in question. 12. That the requested veriance will be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the prop- erty is located. 13. That one industrialist appeared in opposition to waiver of the required parking. NOW, THEREFORE, BE IT RESOLVED that the Maheim City Planning Commission does hereby deny subject Petition for Variance on the basis of thc aforementioned finds. THE FOREGOING RESOLLTfION is signed and appcoved by me this lat day of Februery, 1973. ANAIIEIM CITY AT'i EST: SECRETARY ANAHElM CITY ~~ COMMISSION STATE Or' CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that thc foregoing resoluticn was passed and adopted at a meeling of the City P-anning Commission of the City of Anahcim, held on January 22, 1973, at 2:00 o'clock p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: ALLRED, FARANO, GAUER, KAYWOUD, SEYMOUR, ROWLAND. NOES: COMMiSSIONERS; NONE. ABSENi: COMMISSIONERS: HERIIST. IN WITNESS WHEREOF, I have hereunto set my hand this lst day of February, 1973. RESOLUTION N0. PC73-20 ~ s~°-~-~ i SECRETARY ANAHEIM CI'SY PLANNING COMMISSION V2-D - 2 -