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PC 75-54~ RESOLU710N N0. PC75-54 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR UARIANCE N0. 2080 BE GRANTED. WHEREAS, the City Planning Corranission of the City of Anaheim did receive a verified Petition for Variance ffom CHARLES K. PATTERSON, President, Orange County Volvo, Inc „ P. 0. Box 4446, Anaheim, California 92803 (Owner) of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: Lots 13, 14 and 15 of Block E of Tract 23. Zeyn Tract Annex No. 2, as shown on a Map recorded in book 9, Page 24 of Miscellaneous Maps, records of Orange County, California. Exceoting tFierefrom the Easterly rectangular 5.25 feet of Lot 13 as conveyed to the City of Anaheim by deed dated September 25, 1939 and recorded in book 1013, page 261 of Official Records; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hal1 in the City of Anaheim on hlarch 3, 1975, at 1:3~ p.m., natice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings ~nd recommendations in connection therewith; and WHEREAS, said Commission, after due in~pection, 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. That the petitioner requests the following waiver from the Anaheim Municipal Code, to establish an automobile body and paint repair facility: SECTION 18.45.020 - Permitted uses. (Autumobile body and paint repair not permitted 2. That the above-mentioned waiver is hereby yranted on the basis that other similar automotive facilities currently exist along Anaheim Boulevard. 3. That the petitioner stipulated that the hours of operation will be from 7:30 a.m. to 6:00 p.m. and :hat no noise will be emitted from the subject property during all other hours. 4. That there are exceptional ur extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 5. That the requested variance is necessary for the preservation and enjoy- ment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That the requested variance will not be materially detrimental to the public welfare or i~jurious to the property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at said public hearing in opposition, and r,o correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT REPORT FINDING: That the Director of Development Services has determined that the proposed acti~~i*_y falls within the definition of Section 3•0}~ Class 1 of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorica~ly exempt from the requirement to file an EIR. RESOLUTION NQ. PC75-54 NOW, THEREFORE, ~T RESOLVED that the Anaheim Ci~Planning Commission does hereby grant subject Petition for VariancQ, upnn the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: l. That the owner(s) of subj~ct property shall conditionaily dedicate to the City of Anaheim a strip of land 4~ feet in width from the centerline of the street along Anaheim Boulevard, a 15-foot radius property line return at North Street and Anaheim Boulevard, and a strip of land 10 feet in width from the centerline of the alley for street widening purposes, conditioned upon the removal, or the reconstruction or remodeling of the exterior configuration, of the existing building or buildings. 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• 7hat fire hydrants shail be instzlled and charged as required and deter- mined to be necessary by the Chief of the Fire Department prior to commencement of structural framing. 4. That sidewalks shall be repaired along North Street and Anaheim Boulevard as required by the City Engineer and in accordance with standard plans and speci- fications on file in the 9ffice of the City Engineer. 5. That subject property shall be developed substantiaily in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. l, 2 and 3• 6. That Conditions Nos. l, 2, 4 and 5, 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 one (1) year from date hereof, whi~hever occurs first, or such further time as the Planning Commission may grant. 7. That the hours of operation shall be from 7:30 a.m. to 6:00 p.m., as stipulated to by the pet3tioner. THE FOREGOING RESOLUTION is signed and approved by me this 3rd day of March, 1975• CI~A M N, AN CIT A NING COMMISSION ATTEST: .~ ~ ' ,B ~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CI7Y OF ANAH[IM ) I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on March 3, 1975, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: FARANO. JOHNSON, KING, HERBST NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS; GAUER, M~JRLEY, TOLAR 1N WITNESS WHEREOF, I have hereunto set my hand this 3rd day of March, 1975• ~~~~~~ ~ ~sc~Q'~cJ SECRETARY, ANAHFIM CITY PLA~NING COMMISSION _Z_ RESOLUTION N0. PC75-54