PC 75-236~ ~
T~SOL[7PI0:7 P10. PC75-236
A RESOLUTION OP TfIIi CITSC PIA'JNITJG COtR~ffSSIOtd Or THG CITY 0~ ANAI~IM
THAT PITITION FOR VAF22A.'~(~ N0. 2752 SE GRP,IJPID.
Wf~12F'.AS, the City Planninq Ca~ani~sion of the City ~f Anaheim did recei~~e a
verifieci Petition for Vari.ance fran J. I~TP & IQ~RIId Afai B~~1LEY/JAMES W. SCEII~[II7T, E:217
Ftill Avenue, WhitLier, California 90601 (Own~s); IIAENT II~RIS~S, I.*IC., 16731 E.
Armw Highway, Azusa, California 91?02 (Agent) of certain real proFxxty situated i~1
the City of Anaheim, County of Orange, State of California, described as:
Parcel 2, in the City of Anaheim, County of Orange, State of California, as shaFm c;n
a parcel map fils3 in book 7, paqe 14 of parcel maps, in the office of the County
Recorder of said County.
WHERFJIS, the City Planning Camiission d-;,d hold a public hearing at the City
Fiall in the City of Anaheim on Nova~er 10, 197'i, :~t 1:30 p.m.~ r~tice of said public
hearim,~ having be.-en duly given as required }7y law and in accordance with the
provisions of the F,naheim Murt>.:~ipal Code, Q~apter 1£3.03, t~o hear and consider
evidence for ancl against said proposed variance and to investigate ami nake finciings
arni reoartnendations in connection therewith; and
WF~RF.AS, said Cartnission, aft~s due inspection, investigation and stud_v mad~
by itself aixi in its behalf, and after due conside~-ation of all evidence and reports
offereci at said hearin4, does finci and determine the followi.ng facts:
1. That _~retitior~er requests the following waivers fran the AnahQim
Municipal Ca3e, to estaUlisli an autamtive ciiagnostic sl~op in the CL (G~:~"•'~RC71~L,
LIIdI'I~) 70t]~.
a. SECTION 18.9n.020 - Pesmi.tted uses. (Autainti.ve diagnostic shop
not peiznitt~in the CL Zone)
b. SP~IOt~ 18.44.063.O1G - Rec7uised site screening. (6-foot high block
wall rec1u~reci; ~ne pmposeci)
2. ThaL- Waiver 1-a, above-mentioneri, is he~eby granted on the basis that
similar waivers have been granted by the Planning Ca~r~ussion previously.
3. That Waiver 1-b, above-mentioneci, is herel~y granted on the basis that a
20-foot wide alley separates the subject propPSty frcm the adjacent residential
propert.y which is developeci with apartments, said apart~nents having garages backinQ
onto the alley and proviciing additional visual and sound buffering.
4. That the petitioner stipulated that the hours of operation will be fr.cm
8:00 a.m, to 9:00 p.m,
5. That the Planning Caimission does hereby det~ir:e that the proposecl
use and hours of operation shall k~e granted for a period of. one (1) year, subject to
review ancl consideration for an extension of time, upon written rc~uest kyy the
petitioner.
6. That the petitioner acknowledged the sound level requi.renents at the
pmperty lines acljacEnt to residential properties and that additional mitigating
measures may be requirecl in the future.
7. That there are exceptional or extraorciinary circ~snstances or o~nditions
applicable to the property involved or to the intende.ci use of the property that do
not apply generally to the property or class of use in the same vicinity am3 zone.
8. That the requestc-xi variance is necessary for the preservation arxl
enjoyment of a substantial properky right ~ossesseci by othnr property in the same
vicinity and zone, aml denied to the proprsty in question.
9. That the requested variar:-:e will not be materially dets9mental to the
Qublic welfare or injurious to the property or impravenents in such vicinity and zone
in which the property is loca~ed.
10. That no one indicated tlieir presence at said public hearing in
opposition; and no correspondence vras received in opposition to subject petition.
RESOLiJPIdN N0. PC75-236
~
II1~TIF2~'iII~R3dTAL ~PACT REPORT FTNI)IIQG:
That the Planning Crnan:ssion does here}7y recrnmenci to the City Council that
the subject project be exe~t frcm the requirenent to prepare an envisorn~ntal i~npact
report, pursuant to the provisions of the California Erroiroru*.iental Quality l~ct.
NdW, TfIEREFOftG, AE ZT ItESOLVID that the Anaheim City Planning Crnmission
dces heseby grant subject Petition for Variance, upon the follc7wi.ng oonditions ti~hich
are lieseby fowui to t~e a necessaxy prerequisite to the proposed use of the subject
property in order to preserve the safety an~ general welfare of the Citizens of the
City of Analieim:
1. That trash storage areas shall be provided in accordance with approveci
plans on file with thP office of tlie Director of Public S4orY.s.
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of P.naheim marked Fxhibit t7os. 1,
2, anci 3.
3. That prior to the cartnencanent of the activity authorized unclPS this
resoluticn, the owner(s) of subject prop~sty shall r~,!est, in writing, t~~t City
Council tettainate Coruiitional Use Permit No. 102fi and Variance I~o. 1771 pertaining to
subjec:t prop~^ty.
4. That th~ hours of operation for the prcposed use shall be from 8:00
a.m. to 9:00 p.m.
5. That this variance ancl the af•ore~rmntioned hours of operation for the
proposecl use shall be granted for a periocl of Jne {1) year, subjeet to review ancl
wnsiQeration for an extension of time, upon a~itt;yn request by the petitioner.
Ti~ F1~}7EGOIIdG ItESOLUTIOti is signed and approved Y~y me this lOth day of
NovanUer, 1975.
-!' / G
CEF~IRMrItQ~ AIdP,IIliIbt CITY PIAiT1rdG OO~~U1ISSInN
ATTEST:
~~ ~7~C~~~rt~
SFX.72LTA127C, AN71HE S CITX PIAtvRdIIdG CONQ•'IISSIO:d
STATE OF CAi,IFDIai7A )
COUNTY OF ORAt~GE )ss.
CITY OF 11I~1f~IGIM )
2, Patricia B. •Scanlan, Secretary of the City Planning Camiission of the
City of Anaheim, do hexeby certify that the foregoi.ng resolution vras pass~ anci
ado~rced at a meeting of the City Planning Ca^~iission of the City of Anaheim, held on
t7wember 10, 1975, at 1:30 p.m., by the follch~ing wte of tlie mc3nbers thereof:
AYES: COiM9ISSIOI~II:R'.i: IIARNF•S~ HERBST, KING, NII~RLEY~ 'POLAR, FARAIQO
idOES: COf+II'~ffSSIOI~'LS: NCR~U''..
ABSEt]T: CONII+IISSIODII:~iS: JOHNSO:1
IN WITAff:SS WI~F, I have hereunto set my hand this lOth day of Nw~nber,
1975.
~i4'~%~ ~)L~~~--C~sC/
SECR~i:ARi', AP]AF~:~! CITY PLAt]IJII4C COM'~9ISSIOtd
-2- AESOL[TrICRJ N0. PC75-236