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PC 73-28.,_ ~ --~ ---... _ _. ... ~ RESOLUTIONNO. PG73-28 A RESOLUTION OF THE CITY PLANNING COMMISSION OP' THE CITY OF ANAHEIM THAT PETITION FOR VAR[ANCE N0. 2476 BE GRANTED WHEREAS, the City Planning Commission of the City oE Maheim did receive a verified Petition for Variance from •` THE FRANK MULLER REVOCABLE TRUST, in care of Earl i4iller, R C A Suilding, Suite 700, a 6363 Sunset Boulevard, Hollywood, California 90028, Owner; GREAT AMERICAN MOBILE HOME SALES, INCORPORATED, 4250 Pacific Highway, Suite 201, ~an Diego, California 92110, ' Agent of certain real property situated in the City of Anaheim, County of Orange, State . of California, ss describ¢d in Exhibit "A" attached hereto and referred to herein as though set for~h in full; and i' 'NHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Maheim on Februarp 5, 1973, at 2:00 o'clock p.m., notice of said public hearing having been duly given as required by law and in accordance with the'provisions of the Anaheun Municipal Code, Chapter 18.68, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. Thatthepetitionerrequests .variances from;the.Anaheim Municipal Code as follows: a. SECTION 18.44.010 - Permitted uses: (To permit a C-3 use in a • C-2 Zone) b, SECTION 18.44.030(5)(a)(1) - Minimum number of required parking spaces. (546 spaces propoaed; 609 apaces required, 600 for the shopping center and 9 for the proposed ~ mobilehome sales lot) i 2. That the petitioner proposes to establish a mobile•home and mobile office display ~ center and sales lot in one area of the parking lot on subject property, with the office facili.ties for this use to be located in a mobile office unit. 3. That Waivers 1-a and 1-b, above mentioned, are hereby granted on the basis that ,' it would appear the proposed use and requesCed parking variance wo~ld not have any adverse effecl on the existing shopping center or surround3ng uses. However, a time limit of one year should be established for the appr4val of this varience to determine whether any adverse effects would be experienced. At the end of. the one-year period, and upon written request by the applicant, the variance may be reviewed for consideration of an additonal period of time, and a determination wuuld be made as to whether permanent office facilities should be provided or whether the trailer may still be used for that purpose. 4. That there are exceptional or extraordinary circumscattces or conditions applicable to the prope:ty i.nvolved or to the intended use of the property that do not apply generally to the properCy or class of use in Che same vicinity and zone. • 5. That L•he requested variance is necessary for the preservation and enjoyment of a substential property right posaessed by other property in the same vicinity and zone, and denied to the property in queation. 6. That the requeated variance will not be materially detrimental to the public wel- . fare or injurious to the property or improvements in such vicinity and zone in which the property is located. ~ ' ~ ~ DEV-66•E ~1~ r ~:.. ~ Form 1355 ~ CLT/1 Guarantec Form No. 12 ~ ~ SCHEDULE A LOT BOOtC GUARANTEE ORDER NO. 0~ 1305771-:~I The a>surances referred to on the face page are: Ttia[, accordin~ to the Company's property records relative to the fol!otivin~ described reai property (but v~ithout examination uf those Compar,y records maintained anJ index~d by name~: 1. SEE A'fTACHED FOR i.ECAL D~SCRIPTIO:I. ~~6~_ ~p -, N JAN ~973 o F.~~o~IV ~~3 vta~~r~~!c~ ~o. ~~G ~; o,~,~~~~ _ _ c~`~~~'9~S'LV2~' A. 7he last recorded ins:rument purporting to transfer title to said real property i:: 2. rF.1:i:: PFJLLER, Trustee uy deed r~corded April 21, 19G7 in Roo'.c 8231 pa~e 320 of Ocficial Records and re-recorcled July 14, 1967 in Soo'2 E3rI pa~e 747 of Oiiic:tal :~CCO?'dS . . 3, There are no mortga,es or dezds of [rus[ which purport to affect said real propzrty, other than t'nose shown belo:v undsr [xce~tions. Nn gu:~ra:iU:e is made regarding any liens, claims oi lien, defects or encumbrances other ihan those specifically provided for abore, and, iF information was requcsted by reterence to a street address, no guarantee is made that said real property is ihc sam_• :~s ~aid s~Jdress. Exc:ptions: ' 1. A Deed'of Trust dated Peb;uary lb, 19GII, executed by rrank ifuller, TrusCec, to Unica Bau'r., Trustee, to ,ecure un indebCedn_ss of $1,200,000.04 in favor of Uaioii 35a:~lc, e:n1 zny other a^ouats pzyn6l~ und=~r the te:ms tii~xeo:, zecorded April 2b, 1`Jfi$ i.n iook 3585 page 205 of Official Recor~s, Instrument :~o. 13708. 1!~):tifi: The bene.ticial int~_rest ur.:lcr said De=d of 7'iusC Las Ueen assi;,ned to 'l'h~ P;ation:il Life and AccidenC Insur:ince Com;~;i;:y !~y an !!.^.sit3nment recordr.d Dece~b•~r 31, 19Gt3 '.;: ;Snn;c Sti:)? p?;;e filU.oF Off•ictal R•~r_ocd:. ^ l-' ~i ~~~.~'~ ~1~' ~.i 1J ~.~» , ,' 1)liSf.:RIPTLO~: ~ ' ~' A11 t;iat real property in the City of Anaheia, County of Orange, State of California, baln;; tnat po:tion oE t;~~ Southeast quarter of Section 8, To~ansnip 4 South, Rar.ge 10 k'es+_ in the I:anc,:~ Lay Coy~tes, as said Sectior. is shoan on the man recorded ia ~sook 51, Page lU of *fiscellaa.eous DSa2s, records of said Co:~nty, descriU~d as follaas: ,IIe~~:tnin~ at the point ott tne idesterly lina of Crz~cent :day, 60 feet wide, a~ described in n..;rrel 2 of the deed to thz City of Anahein, recorded in Book 4039, Page 39? of ~ff~cial Records, records of said County, distant ~Iorth 0° OA' 37" Sdest, along said tles~E.r2y li.ne, and the Sonr_he:ly nzolongation thereof, 509.33 feet from tha Southerly line of sat3 S•~ctioa S; theace North 39" 30' 39" West parallel wi~h tne Sauthe:l_~ line uf. sald Secticn II a distance of 80~i.23 f~et to tne ~aste:l~ line of ?•tuller Dr;.ve, 60•feet wide as describad in Parcal 1 of said deed; thance alonfi szid Easterly line, Soutii 0° 02' 24" Cast 5'v~~.54 fe~t, more or les:, to L-he beginning of a ta:iger.t cur~e cuncave i•lorttieasterly and havir.g a:adius of 25.00 Eee, said curve being tan- ~ent also to a line parallel ~rith said Southerly line of Section S and distant ~or:.:ierly 40.00 feet tnerefroz, measured at ri~ht aa~les; thence Southzaste~ly, along said caszve, Chrough a ceatral a.i~le oi g9° 28' 15" a distance of 39.04 feet to said nz.-a11e~ 1inc; ti;ence South 3q° 30' 39" ~ast, alo~g aaid parallcl line, 755.2b fent ta .^_ p:.int on ehe ?~~stcrly line of said Crescent l•:ay, said point bain~ the South- ~sesterly terainus o£ the 25.00 foo~ radius cur~e described in said Parcel 2~.s ~ei:iS coacave Piorthwesterly, having a delta of 90° ~7' 37", and a lenoth ot 39.54 feet; ' tlienc.. aloag said S•Izsterl'g line, alor.g tha arc of said cuzva ;lorttteas~erly, tnrough 2 cezitral angle of 90° J7' S3", a dist:nce of 39.55 faet; th^_ACP. tangent to said . curve, and cuntinuin~; along said ?~esterly lir.e, North ,0° OS' 37" W~st 544.04 Eeet ~,o th~ noint of beginnin~. . r ~r~~tt~~~cE ~o. ~~6 _ _-- ~ • ~ ~ ENVIRONMENTAL IMPACT REPORT FINDING: That the Planning Commission, in connection with an Exemption Declaration Statua request, finds and determines that the proposal would have no significant environmental impact and, therefore, recommends to the City Council that na Environmentai Impact Statement is necessary.. NOW, T1iEREFORE, EE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditians which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to pre- serve the safety and general welfare of the Citizens of the City of Anaheim: (1) That trash storage areas shall'be provided in accordance with approved plans on file with the office of the Director of Public Works. (2) That subject property shali be developed substantially in accordance with plana and specifications on file with the City of Anaheim marked Exhibit Nos. 1, iavided~innac5~ provided, however, that landscaping with minimua 15 gallon trees shall be p cordance with landscaping plans presented. (3) That this variance is granted for a period of one year and at the end of that period, and upon written request by the petitioner, the vatier.ce may be reviewed for con- sideration of an additional period of time if the use is not having adverse effects upon the vrea and if parking problems are not created by the red~iction in re~uired parking spac~;s. A determination shall be made at that time, also, as to whether permanent office facilities should be provided or whether the trailer may still be used for office purposes. (4) That Che office trailer shell be connecCed to appropriate utilities and shall comply with all other applicable regulations of the City of Anaheim and/or the State of Cali£ornia, (5) That if the use granted under thia variance is for any reason. discontinued, the site shall be restored to ita original condition. (6) That Condition Nos. 1, 2, and 4, above mentioned, shall be complied with prior to final building and zoning inspections. 3. I, Ann Krebs, Secretary of the City Planning Commiasion of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopteZ at a meeting of the City Plan- ning Cemmission oftlie City of Anaheim, held on February 5, 1973, at 2:00 o'clock P.M., by the following vote oi the members ther~eof: AYES: COMMISSIONERS: ALLRED, GAUER, HERBST, KAYWOOD. NOES: COMMISSIONERS: SEYMOUR. ABSEN't: COI~tIS5I0NERS: FARANO, ROWLAND. IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of February, 1973. ~i'(/YI~J~v i~~/' ~ciV~i SECRETARY ANAHEIM CITY PLANNING COMMISSION RESOLUTION N0. PC73-28 ~2 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) es• CITY OF ANAHEIM )