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PC 76-73~ ~ RES~LUTI~N l~0. PC76-73 A RESOLUTION OF THE CITY PLANNING COMMISSIOPI OF THE CITY OF AHAHEIM THAT PETITIQN FOR VARIA~ICE N0. 2h92 (P,EADVERTISED) BE fRANTED. WHEREAS, [he City Planni~g Commission of the City of Anaheim did receive a verified Petition for Variance fror~ ECOIJO-LUBE, INC.. ROBERT R. OVERDEVEST~ 5~1 5. State College Boulevard~ Anaheim, Californla 92806 (Uwner) of certain real ~roperty situated in the Ci[y of Anaheim, County of Orange, State of Califorr.ta descrihed as: TNE SOUTIIEP,LY 175.00 FEET OF TNE EASTERLY 163.Qf1 fEET OF THE SUUTHEAST ~~ARS^RTHF THE SOUTHEAST QUARTER OF TNE SOUTHWEST QUARiER OF SEGTIO'1 11, TOUNSHIP , RAtJf,E 11 llEST, IN TfiE RANCHO LOS COYDTES, LITY OF ANAIiEiM~ COUNTY OF ORAt~RE, STATE OF CALIFORNIA, AS PER MAP RELORDEO IN EOOK 51 PA,E 11 OF MISf.ELLANE0li5 ~fAPS, IN THE OFFICE OF THE COUt~TY RECORDER OF SAIf1 CQUtITY. EY,CEPT THOSE PORTIONS THEREOF DESCRIBE~ AS PARCEL 1 APIO PARCEL 2 Itl TNE ~EED TO TNE STATE OF CALIFORNIA, RECnRpED MARCH 16, 145(~ IN ROQI: 3438 FAGE 5~z OF OFFICIAL RECORDS OF SAID COUqTY. WHEREAS, the City Planning Commisslon did hold a public hearing at the City I1~11 in the City of Anaheim on Aprtl 12, 1~7h, at 1:3~ P•m,, notice of said ~ublic heari~g having been duly given as required by law and in acc~rdance with the provisions of the Anaheim Nunicipal Code, Chapter 1A.03, to hear and consider evidence for and against sai~1 prnposed v~rtance and to tnvestigate and make findinqs 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 c~nsideration of all evidPnce and reaorts offered at said hearing, does find and determine the following facts: 1, That the petitioner requests the following waiver from the Anaheim Muni:ipal Code, to establish an automotive tune-up center in conJunction with an exist;,ig lubrication facility in the CL (Cnmmercial, Limited) 7.one: SECTIOPI 18,4A.020 - Permitted uses. !Autd tune°uo not permitted) Z, That the requested waiver is gra~ted to expand the existing automobile lubricatton facility on the basts that th~ proposed use hes previously been granteA as a conjunctive use by the Planning Commission at othar similar locatio~~s tn the city. 3, That the Planning Lommission does hereby determine that the easternmc~st driveway on Lincoln Avenue is a potential safety hazard to vehlcular traffic on Lincoln Avenue an~ is not necessary to the on-site traffic circulatlon pattern, and shall, ttierefore, be closed as a cnndition of granting the above-mentioned waiver; anA that standard curb, gutter, sidewalk and landsceping shall bc provided to replace said driveway. 1~, That there are excr.ptional or extraordi~ary circumstances or conditions applicable to the property involved or to the i~tended use of the property th~:t do not apply yenerally to the property or class of use in the same vicinity and zone. 5, That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone. and denied to the pro~ertv in question. 6. That th~ requested variance will not he materially detrimental to the public welfare or inJurious t~ the property or improvements in such vicinity and zone in which the property is tocaied. ], That no one Tndicated their presence it said public hearing in opposition; and no correspond~nnce was received in opposition to subJect petition. EHV I RGMHEIITaL I t1Pl,CT REPORT F I ND I NG: That the Director of the Planning Department has ~letermined that thP proposed activity fails w(thin the definitton of Sectlon 3.~1, Class 1, of the City of AnaheiM Guidelines to th~~ Requirements for an Environmental ~mpact Report and is, therefore, categorically exeriipt from the rr_quirement to file an EIR. RESQLUTION N0. PC7h-73 . • ~ ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commisslon does hereby grant subJect Petition for Variance~ upon the f~llowing conditions which are hereby found to be a necessary prereGuisite to the proposed use of the subJect property in order to preserve the safety and gene~al welfare of the CTtizens of the City of Anaheim: 1. That subJect property shall be developed substanttally in accordance with plans and specifications on file with the ~ity of An~heim marked Exhibit No. 1; provided~ however, that the easternmost driveway on Lincoln Avenue shalt be closed and replaced with standard curb, gutter~ sidewalk and landscaping. THE FOREGOING RESOLUTIOII Is signed and approved by mc this 12th day of April, 1976. ~s~-s~^~' CHAIR , ANAtiEI CITY PLAtJNING COMMISSION ATTEST: ~~~~ • SECRETARY, ADIAHEIM CITY PLAtI111Nf. COMMISSION STATE OF CAlif^vRNIA ) COUtITY OF ORANGE )ss. CITY OF ANAHEIM ) I, Patricia D. Scanla~, Secretary of the City Planning Comntssion of the City of Anaheim~ do hereby certify that the foregoing res~lutlon was passed and adopt.ed at a meeting of the City Planning Commission of the City of Anaheim~ held on April 12, 1976, at 1:3~ P•m.. by the following vote of the members thereof: AYES: COMMISSIONERS: BARtJES~ HERBST, JOHN~ON, KING, t10RLEY, TnLAR~ FARANO NOESr, COMMISSIONERS: f~ONE ABSEdT: CONMISSIONERS: NOpE IN WITNE55 WHEREQF, I have hereu~to set my hand th!s 12th day of April, 147fi C~~-~.rc-+~7P ~~G~-~'~C~_ _ SECRETARY~ ANAHEIM CITY PLANNIN6 CO'1MISSIIN -2- RFSdLUTON N0. PC76-73