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PC 74-127. RESOL!1T1~10. PC74-127 ~ A RESOLUTIr,t~ OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAf9Elr1 THAT PETITION FOR VARIAhCE N0. 2605 BE GRANTED WHEREAS, the City Planning Commission of thc Ciry of Mahcim did receivc a verifled Petition fo: Variancc from JAN,ES EMML, 1009 Dolphin Terrace, Newport Beach, California 92625.(~wner); and TNEODORE J. TKACH., 1831 North Raymond, Anaheim, Californ:a 92801 (9gent) of certair: resi property situated in the City of Anaheim, County of Orange, State of C~tifurnia, described as follows: Parcel 4: That p~rtion of the southeast quarter of Section 34, Towr.ship 3 South, Rar,ge 10 West, in the Rancho Sa^ Juan Cajon de Santa Ana, partly in the city of Anaheim ard perCiy in the city of Fullerton, in the cuunty of Orange, state of California, as said section is shown on a map recorded in Book 5i, Page 7 of Misceller.eous Maps, in the office oi' the county recorder of said county, described as follows: Beginning ac a point North 1001.50 feek from the southeast corr~er of said soueheaec quarter; thence North S18r50 feet;cthence West 676.50 feet; ther.ce Soath 318.50 ieet~ thence East 676.50 feet to the point of beginning. EXCEPT the westerly 404.00 feet thereof. ALSO EriCEPT the northeriy 149.25 feet thereof.. 6VHEREAS, thc City Planning Commission did hold a public hcaring at lhc Ciry Hall in thc City of Anahcim on .1une 10, 1974 at 2:00 o'clock p.m., notice of said public hearing I~aving been duly given as required by law and in accordunce with the provisions of the Anahcim Municipal Code, Chapter 18.G8, to hear and consider evidence for and against snid proposed variance and to investigate and make findings and recommendations in conr~ection therewitli; and WHERBAS, said Commission, aftcr due inspection, investi~tion, and study made by itsclf and in its bchalf, and after duc considcration of all evidence and reports offcred at said hcaring, does find and dctcrminc thc following Cacts: 1. That the petitioner rcquests the. foYlowing va~cianCeB from the Anaheim Municipal Code, to aliow the continued operation of a dental and optical service in the M-1 Zone: (n) SECTION 18.52.020 - Permitted uses in the M-I zone. (Melical offices no: permitted) (b) SECTION 18.52.060(4)(f) - Minimum number of parkinR spsces. (42 s ap ces required; 32 spaces proposed) 2. Tliat Waiver 1-a, above-mentioned, is hereby granted on che basLs that the ~se has been Ln exLstence for a period of time`and ia industrially oriented to a degree. 3. That Idaiver 1-b, above-mentioned, is hereby granted on the basis that ehe hocrs uE operalion Cor the proposed uses are otaggered and also would be at hours ocher than :lie regu'lar businesa houra of the other uses at tl~e sub~ecC location. 4. That it was determined that thLs variance ahould be granted for a period oi tw~ (2) years, sub,ject to review and consideretion for extension of time Uy the Commission ar.d, or City Council upon request by the petitioner. 5. That Chere are exceptional or extraordinary cir.cumstances or condi[ions eppi:c&bie to th~ property involved or to Che intended use of the property that da not apply generaii} to the property or class of use in the same vicinity and zone. 6. That the requested variance is necessary for the preservatLon and enjoy~ner.t ol a subsCantiai property right posseased by other property in the same vicinity and zone, and denied to che property in questlon. 7. That the requeated varience will not be materially de[rimental to the pubii:: welfare or. injurious to the property or improvementa in su.h vicinity and zone in whtch e}~e property is Located. ENVIRONMENTAL IMPACT REPORT FINDIIVG: That the Uirector of Deveiopment ~ervices has determined that theproposed activLty fa:Is within the definition of Section 3.01, Class 1 of the City of Anaheim GaidelLnes to ~he Requirements for an Environmental Impact Report and is, therefore, categorically exempC from the requirement ~o file an °IR. V~~ _ ~_ RGSOLUTTON N0. YCi:.-1' DEV-66•E J ~ ~ NOW, THEREFORE, BE IT RESOLVED thet the Anaheim Ci!y Plenning Commission does• hereby grant subject Petition [or Varience, upon the following conditions which nre hereby found lo be a necessary prerequisite to the pro- po~ed use of the subject property in order to preserve the sefety and genecel welfere of the Citizens of the City of Anaheim: , 1. That sidewalks shall be inetalled along Raymond;A,venue and Kimberly Avenue as required by the City Engineer and in accordance with staadaid plans and specifications on file in rhe Office of the City Engineer. +~: 2. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 3. That subject property shall be developed substantiaily in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No, 1. 4. That Condition Nos. 1, 2, and 3, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of 180 days from the date hereof, whichever occurs first, or such further time as the Plannin8rantedsfornthe useaof.subject 5. That a time limitation of two (2) years shall be g property, and upon request by the petitiot:er, an additional period of time may be granted upon approval by the Planning Commissicn and/or City Council. THE FOREGOING RESOLUTION is signed end epproved by me this IOth day of June 1974. CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ~ ATTEST: ~ • • ~• SECRETARY ANAHEIM CITY PLANNING COMNI15S10N STATE OF CALIFORNIA ) COUNTY OF ORANGF ) es. CITY OF ANANEIM ) I, Patricia B. Scanlan,Secretery of the City Flanning Commie,sion oE the City of Anaheim, do heeeby cerlify th~ the foregoing resolution was passed end edopted et e meeting of the City Plenning Commission otthe City of Anahein held on June 10, 1974, et 2:00 o'clxk P.M., by the following vote of the members thereof: AYES: COMMISSIONERS: CUMPTON, H~RBST, KI1~G, MORLEY, GAUER NOE5: Cl:Mh1ISSI0NERS: NONE ABSENT: COMMISSIONERS: JOHNSON, FA&".NQ IN WITNESS WHEREOF, 1 heve hereunto set my hand Uiis lOth day of Sune 1974. ~~~a..~ ~. ,..~,u,.~ SECRETARY ANAHEIM CITY PLANN[NG COMMISSION V2-G -2- RESOLUTION N(), PC74-127