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PC 75-61,. ~ ~ ~ RESOLUTION N0. PC75-bl A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETlTION FOR VARIANCE N0, 2683 BE GRANTED. WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified °etition for Variance from UNION OIL COMPANY OF CALIFCRtdIA, P. 0. Box 7600, Los Angeles, California 90051 (Owner); ROBERT M. HUGGINS, JR., 17981 Sky Park Circle, #J, Irvine, California 92664 (Agent) of certain real property situated in the City of Anaheim, County of Orange, Stat~.e of California, described as: ~ That portion of Lot ll of Anaheim Extension, as shown on a Map of Survey made by William Hamel, and filed in the Office of the County Recorder of Los Angeles County, a copy of which is shown in Book 3, Page 163, et seq., entitled "Los Angeles County Maps", Records of said Orange County, described as follows: BPginning at a puint on the Seutherly line of Center Street, as shown on said map South 74° 37' 32" West 153•19 feet from the intersection of said Southerly line of Center Street v+ith the Wester'y line oP a 60 foot road known as Placentia Avenue; thence No~th 74° 37' 3Z" East 126.75 feet along said Southerly line of Center Street, to the beginning of a tangent curve concave Southwesterly and having a radius of 20 feet, said curve also being tangent to said Westerly line of Placentia Avenue; thence Easterly, Southeasterly and Southerly 36.93 feet along said curve to said Westerly line of Placentia Avenue; thence South 0° 25' 45" West 3Zg,22 feet along said Westerly line of Placentia Avenue to the Northerly line of Anaheim Olive Road, as described in Deed to the State of California, recorded April 12, 1937, in Book 683, Page 89, Official Records, in the Office of the County Recorder of said Orange County; thence North 78° 52' 48 West 150.00 feet along said Northerly line of Anaheim Olive Road; thence North 0° 25' 45" East 286.11 feet to the point of beginning; EXCEPT that portion thereof described as follows: Beginning at the point of intersection of the Northerly line of Anaheim Olive Road with the Westerly line of Placentia Avenue; thence North 0° 25~ 45" East 179.22 feet along said Westerly line of Placentia Avenue; thence Westerly at a right angle to said Westei-ly line of Placentia Avenue, to a point on the Westerly line of the above described property; thence South 0° 25' 45" West along said Westerly line of the above described property to a point on the Northerly line of said Anaheim Olive Road; thence South 78° 52~ 4$" East 150.00 feet along said Northerly line of Anaheim Olive Road to the point of beginning (4290); and WHEREAS, the CiLy Pla~ning Commission did hold a public hearing at the City Hall in the City of Anaheim on March 17, 1975, at 1:3~ p.m., notice of said public hearing having been duly given as required by law and in accordance aiith the pro- visions of the Anaheim Municipal Cos'e, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and Wh1EREA5, said Commission, after due inspection, investigati.~n, and stucy 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 waivers from the Anaheim Mu~icipal Code, to establish an automotive diagnostic and service center: a: SECTION 18.44.020 - Permitted uses. (Automobile diagnostlc and service center not permitted in 1°CL" Zone) b. SECTION 18.44.064.020 - Maximum access drive width. ( 0 feet permitted; 40 feet existing) RESOLUTION N0. PC?5-61 , ~ ~ ~ 2. That Waiver 1-a, above-mentioned, is hereby granted for a time limitation of two (2) years, subject to review and consideration for extension of time, upo~ request by the petitioner. 3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that the City Engineer indicated no concern if the existing drive width is retained for the proposed use and, additionally, that the Planning Canmission determined that the wider access drives are more appropriate for the proposed use. 4. That the petitioner stipulated to upgrade thz subject property, which is presently an abandoned service station site; said upgrading to include painting of the existing structure(s), resealing the existing paving, removing thc punp islands, and general cleanup of the property. 5. That the petitioner stinulated to complying wiCh the landscaping require- ments of the CL Zone; said lar.dscaping to consist of 3-foot wide landscaped planters adjacent to the street rights-of-way and the interior property boundaries. Further, that landscaping plans will be submitted to Yhe Development Services Department for review and approval prior to City Council review of the subject petition. 6. That the petitioner stipulated that all automotive diagnostic work andl or servicing will be conducted inside the build'+ng. 7. That the petitioner stipulated the diagnostic work and/or servicing of automobiles to be performed at the subject location will consist of electronic diaynosis and minor tune-up adjustments, and there will be no major engine work . performed. 8. That the petitianer stipulated that there viill be no overnight storage of automotive vehicles on the subject property. 9. That the petitioner stipulated that there will be no over-the-counter retail sales of parts at the subject location. 10. That the Planning,Commission indicated the proposed use ~f the property at the subject location is considered on its avn merit and shall not sei a precedent for similar requests for use of other vacated service station sites. 11. That there are excepCional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the ~~roperty that do not apply generally to the property or class of use in the same vicinity and zone. 12. That the requested variance is necessary for *_he 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. 13. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 14. That no one indicated their presence at said public heariny in opposition, and no correspondence was received in oppositiun to subject petition. ENVIRONMENTAL IMPACT REPORT FINDING: That the Director of Development Services has determined that the proposed activil•y falls within the definition of Section 3.01, Class 1 of the City of Anaheim Guidelines to the Requirements for an Environrnental Impact Report and is, therefore, categorically exempt from Che requirement to file an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby 9rant subject Pet'ition for Variance, upon the fellowing 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: 1. That the~owner(s) of subjn,ct property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along State College Boulevard for street widening purposes. 2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $2.00 per frunt fC.ot along Center Street and State College Boulevard for street lighting purposes. 3. That the owner(s) of subject property shall pay to the CiCy of Anaheim the sum of 60G per front foot along Center Street and State College Boulevard for tree planting purposes. -2- RESOLUTION N0. PC75-61 ._ • - ~ ~ 4. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. 5. That subject property shall be developed substantia'Ily in accordance with plans and specificatians on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that plans for landscaping shall be submitted to the Development Services Department for approval prior to City Council review of the subject petition; said landscaping to conform to the landscaping require- ments of the CL Zone, as stipulated to by the petitioner; and, fur',her, that the property shall be upgraded, including painting the existing building, re- sealing the existing paving, removing the pumo islands, and cleaning the property in general, as stipulated to by the petitioner. 6. That Condition Nos. l, 2 and 3~ above-mentioned, sliall be comolied with prior to the commencement of the activity autliorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever accurs first, or such further time as Che Planning Commission and/or City Council may grant. 7. That Condition Nos. 4 and $, above-mentioned, shall be complied with prior to final building and zoning inspections. 8. ihat all automotive diagnostic work and/or servicing shall be conducted on the inside of the building, as stipulated to by the petiYioner. 9. That the diagnostic work and/or servicing of automobiles to be performed at the subject location shall consist of electronic diagnosis and minor tune-up adjustments only, and there shall be no major engine work performed, as stipulated to by the petitioner. 10. That there shall bc no overnight storage of automotive vehicles on the subject property, as stipulated to by the petitioner. 11. That there shall be no over-the-counter retail sales of parts at the subject location. THE FOREGOING RESOLUTION is signed a~d approved by me this 17th day of March, 1975. 1~y CHAIRMAN PRO TE ORE ANAHEIM CITY PLANNING COMMISSION ATTEST: ,~~~~~,~,~~~~ SECRETARY, ANAHEIM CISY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Patricid S. 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 PlannJng Commission of the City of Anaheim, held on March 17, 1975, at 1:30 p.m., by the following v.ote of the members thereof: AYES: COMMISSIONERS: GAUER, J~HNSON, KING, MORLEY, TOLAk, rARANO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of March, 1975. , ~~~7iLr/~~ e ~ ~~ ~SECRETARY, ANAHEIM CITY PLANNING COMMISSION RESOLUTION N0. PC?5-bl