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PC 70-45+ ,. RESOLUTION N0. PC70-45 A RESOLUTION OF THE C1TY PLANNING CdMMISSION OF TH£ CITY OF APIAHEIM THAT PETITION FOR VARIANCE N0. 2160 gE GRAN?ED I~l p~RT WHEREAS, the City Pl~onine Commi~sion af tha Ciiy of Meheim did receive e verified Petition tor Veriance from PAUL J. AND RUTH E. IQJAAK, 1751 S.E. Skyline D~ive, Santa Ana, California 4~708, Owners; BIG BRAKE, INWRPORATED, P. 0. &ox 1790, Newport Bea,:h, California 92663, Agent oi •-er*_ain real property situated in the City of Anaheim, Cow,~:y of Orange, State of California~ dE• - scribed the North 216 feet of the East 100 feet of tt~e West 290 feet of Lot 4 in f+lock .,,s'~i114~~ A of Tract No. 13, as per map recorded in book ~-, ,~age 12, Miscellaneous Maps, records of '{ said Orange County. EXCEPTING THEREFRQM the Nr,~crt~ 65 feet thereof. r ~. WHEREAS, th~ City Planning Commt~iion dld hold ^ publfe heodng at the City Hell in the City n[ Anaheim on h1aTCn 23, 1970, •t 2:00 o'clock P.M., notice oE said publlc heering heving been duly givrn as requfred by lew end in ec~cotdaece with the ~rovlsiona ot the Anr+helm Municlpal Code, Chepter 18.68, to hear and conelder evldenee for end agelnat said propo~ed variance and to inve~tiQatc end mnke fiddinge and xecommendetions in connection therewlth; and WHEREAS, sald Co~nmlaelon, eEter due inapeeUon, inveetlgation, and etudy me~e by itself end in lts behalt, and aEter dve conaideration of all evidence and tepotlx offered at aeld heering, doea find end detennfne the tollowing fecte: 1. That the petitloner requsste a variance from the Anehe;m Municipel Code ns f o 1 l o~•as , f o~_ s ta b 1 i s i~ a brake servicing shop: a. SECTION 18.40.020 - Perm;tted uses i~ the G 1 Zone. b. SECTION 18.b2.090 B-1 - Number of a~d dist.i~,ce betweer f'ree-s ~ tandinq sio ns and roof siqns. ~ (`. frce-standinq or ~ - rcof sirn permitted; 1 free-standin4 ano 2:oof ~i~ns ~~roposeJ). c. SECTION 18.G?.0~~(B-~) - Hc'iqltt of a tree-star~din si~n. (iH f~et pe::sitt~.d; 35 feet oroposed . d. SECTION 18.62,O~i0(A) - Agqrenate siqn display area. (200 s u3re f~-r perrritted; 214 squcre feet pro;;osed . ?. That waiver 1-a, above mentioned, is granted on the basis that r,imilar us~~s h~,v+~ t;con established in close proximity, therefore. the proposed use e~ould he a,,,propria'e and ::o~~)r~ not be deleterious to the area. 3. 7hat waiver 1-b and 1-d, above mentioned, are aeleted as being unnecessar, on the Lasis that it is the Cemmission's interpretatien that the signs atta:hed to the buildin~ are consirued to be v:+~ll siqns rather than roof signs. n. 'fhat ~vaiver 1-c, a~ove mentianed, is denied on the basis that adequate signinr~ ir.ay be provided within Code requirements, and the height requested, if approved, would b~~ granting a privilege ~ot granted other commercial enterprises required to comply with +I.e siqn ordinance requirements. 5. That there are exceptional or exti•aordinary circumstances or conditions ?F!nlicabic• ±v the property involved or to t.he intended use of the prnperty tliat do not apt~]y gerc:rall~~ to the property or clasc of use i;~ the same vicinity and zone. ~ !~ ~ ~ . .~ 6. That the requested variance, as approved, 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 property in question. 7. That the requested variance, as approved, will not be materialiy detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannir.g Commission does hereby grant subject Petition for Variance, upon 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 9eneral welfare of the Citizens of the Ci.ty of Anaheim. i. That the owners of subject property shall pay to the City of Anaheim tlie sum ef 15~ per front foot along Lincoln Avenue, for tree planting purposes. 2. Th=_t the owners of subject property shall pay to the Ciiy of Anaheim the sum of ~2.00 per front foot along Lincoln Avenue, for street lighting purposes. 3. That the sidewalks and driveways, shall be installed along Lincoln Avenue as required by the City F.ngineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 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 fire hydrants shall be installed as required and determined to be necessary by - the Chief of the Fire Department. 6. 1'hat all air-conditioning facilities shall be properly shielded frem view. 7. That adequate clearance of existing electrical lines shall be provided as required by the Electrical Division, Department of Public Utilities, and the State of California G.O. 95. 8. That ~ondition Nos. 1 and 2, above mentioned, shall be con~plied with prior to the commencemPnt of the activity autharized under this resolution, or prior tc the time that the building permit is issued, or within a period of 180 days from date hereof, whichever occurs first, or such further ti.me as the Plar.ning Commission or City Council may grant. 9. That Condition Nos. 3, 4, 5, 6, and 7, above mentioned, shall be ompli~>d with prior to final building and zoning inspections. '_0. That subject property shall be developed substantially in accorda ce with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, 4, and 5. ; THE FOREGOING RESOLUTION is signed and approv b~ me s 2nd day o 4pri1, 1970. .' . ~.~/ . r_ CHA RMAN ANAHEIM CITY PLANNING COMMISSIODI ATTEST: JL(/IiL2 ~ ~/ SECRETARY ANAHEIM CITY PLANf~ING COMMISSIODI ; STATE OF CALiFORNIA ) COimTY Or' DRANGE ) CiTY OF ANAHEIM ) i I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolut?on was passed and adopted at a meeting of the City Pianning Commission of the City of Anaheim, held on March 23, 1970, at 2:00 0'cl.ock P.M., by the following vote of the members thereof: AYES: COMMI~SIONERS: Gauer, Herbst, Seymour, Thom, Rowland. I D10ES: COMMTSSIONERS: Farano. ~ A~ L-NT: COMMISSIONERS: Allred. ~ IN WIITJESS WHEREOF, I have hereunto set my hand this 2nd day of Apri.l, 1970. I t _/ -~~ ~~~ _~.~. ~~ SEGRETARY ANAHEIM CITY PLANNING COMMISSION Res. No. 45 s J E