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PC 71-230kESOLUTION N0. PC71- 230 A RESOI.UTION OF THE CITY PT,r1NNING COMMISS(nN OF TIIE CITY OF ANAfIFIM THAT NCTITION FOR VAI2CANC~ N0. 2~ 79 H[; GRANTE;D WFIEREAS, the City PlAnninq Commfssion ot the City ~f Anaheim did recelve e veriflr.d Petition for Verlence from WTLLIAM T. PI-IILLIPS AND DAR~~TN STANLEY , 246 Morth Mancltest~r. Avenue, Anaheim, California 92801, Owners; WILLIAM T, PHILLTPS, 246 North Mar~chester Aven.~e, Anaheim, California 92801, Agent of certAin real in the City of P,nahaim, County of Urange, S tal•e of CaliEornia~KCi~scribedeas that portion of tlze Southeast quartor of tYie Southwest quarter of Section 9, ~ Township 4 South, Range 10 ~dest, in the Rancho San .7uan Cajon de Santa Ana, ;j~,1 as ~hown on a map thereof recorded in book 51, page l0, Miscellaneous Maps, ;,,~"`" '~ ,~.records oi said Orange County, described as follows: Commencing at a point 2`., ~ +;~on the center line of the 80.00 foo~ highwa~ convayecl to the State of Cali- ~'~,~~;~fornia by dead recorded January 17, 1935, in book 724, page 350, Official ,,• , :~Yrecords, Easterly 57.0.00 Eeet from the West line of said Southeast quarter; ',;'~ ~ithence Southeayterly along said centerline SQ.7? feet to tI16 true point of ,:'.jbegi.nning of th~ boundary oP the land herein describedj thgnce Northwesterly ':'i '3along said conterline 59.72 feet to said point of commencement; thence North- ,~ `~orly, parallel with said West line, to the Southwesterly line oE the lanc~ ;~ describecl as Parcel 5 in the Notice of Lis Pondens, recorded November 10, ,~ 1942, in book 1170, page 140, of Official Records of said Orange County, ,.; thence Sout}ieasterly a.long said Southwester].y line, 53,83 f~et to a point in ,;, ~;; a line parallel Hith said West line whf.r.h passes thr.nugh the true point of s., beginning; ther~ca Southerly along said para llel line, to the true point of ,~ beginning; E:XCEPT that portion thereof included within the land degcribed in '` ;t the deed to the State oi California, recorded July 12, 1954, in book 2768, ~'I ``~ Pa9~ ~9, Of~icial Records r I u~ i 8nfl WHEREAS, the City Plenning Cornmission did hold a public hrering at the City Hnll in the City of Anaheim on November 29 ,~,g71 et 2:00 o'clock P.h1., notice .i; said public henring having been duly given es required by law ond in eccordance with the provisions of the Anaheim Municipel Code, Chapter 18,68, to hear and conslder evidence toc c~nd egainst said proposed veri~nce and to investigate ar~d meke Elndings end recommendetions in connec- tion therewith; and WHEREAS, said Commissi~n, after due inspe~tion, investigation, and study made by itsetf and in its behalf, and eftec due consideration of all evid~nce and reports offered at said hearing, does find and determine the fol:owing fects: 1. Thet ti;e petitioner requests a variance from the Anaheim Munlcipel Code: SECTIUN 18.44.010 - Permitted uses in the C- 2 Zcne . (-darehouse proposed; not permitted by right), - 2. ~ hat there are exceptiona! or extraordinary circumstances or c~nditions epplicable to the ?ropetty involved or to the intended use of the property that do not apply generelly to the property or cless of use in the same vicinity and zone. 3. That the req~~ested variance is necessary Eor the preservation end enjoyment of a substantial property right possessed by o4her property in the seme vicinity and zone, and d~nied to the property in question. 4. That thP requested variance will not be matetially detrimentel tu the public welfate or injurious to the prop- erty or improvements in such vicinity and zone in which the property is located. 5. That the petitioner stipulated to providing adequate parking commensurare Co the use in the event aubject property is rio longer proposed to be used for warehousing purpuses. ,~} ~ ~~ ~~1_r, ~~~ ; ~ ';, ,~ ~} . •: ~ , ~~ 1 NUW, THEREFORE, BE 1T RL,.'LVED thet the Anehelm Clty Planning Cc,~~,~htaslon does hereby grar~t eubJect Petitlon Eor Vnriance, upon the following conditione which are heraby found to be a necossary prorequis.ite to the pro- posed use of the eubJect property in order to presorve the Aefety and gene~el welfere of the (;itizens of thc Clty of Annhoim: (1) Thal• the Uwner(g) of Al.lb~P.CC prop~rty shall deed Co the Ci.l•y oC Anaheim a el•rl~ of lend 4.5 feet in width Lrom the centerli.np of the atre~et along Mancheater Avenue for sCreet widen- ing ~~iir.pogea, (2) That all engineering rAquiremen~s of Che Ci ty ot Artaheim along Mencheater Avanue, in- cluding preparatian oF improvemenC plans and inatallaCion ot sll improvemen!:s, such aecurba and guttera, aidewalks, stre~= greding and paving, drainage facilirles~ ~r other appurteiianC work shall be complied with ae reyutred by tt~e Ci.ty Lngineer and in accordence wil•h atandard plans and apecificati.ons on file Ln the office of Che Cily Gngineer; and l•hat e bond in, ati amount a~d form satisfacrory to che City uf Aneheim shal.l be posted wi[h the Ci Cy to guarantee t•he LnsCalla- rion of the above mEn~ioned requirements. (3) Ttia[ the owners of subjeck pr.operl•.y shall pay to lhe Cil•y of Anaheim Che sumuf $2.00 ~er frnnt Poot alang Mancheater Aver,ue t'or slreel lighting purposes, ~ (4) That rhe ownera o[ sub,~ect property ahall pay to the City of Anaheim the sumof 15C ;!per front fooC along t4anchester Avenue for tree planting purposea, '~ (5) That trash storege ereas t~hell be provLded in accordance with epproved pl ane on file '~with the o£fice of the Director of Public Worka, ' (6) Thet ~ubjECt propert,y shall be served by underground utiliCiea. `~ (7) That A parcel m~p to record the approved division of aubject property be aubmitted ;{~lo and approved by the Ctty oL Aneheim and then be recorded in ti~e uffice of the Ora ngeCounty ,~.Recorder. ,;~: (8j That Conditton No~. 1, 2, 3, 4, and 1, above mentioned, shall be complied with prior ~~l•o the commencement of Che ActivLty au~horized under this resolution, or prior to th e lime that ,5~ the build i.n g permit is iasu~d, or within a period ot 160 day from date hereof, whichever occura ;rfirst, or such further time as the Planning ~,ommiasion may gr.ank. 'a (9) 'Chat Condition ~'.os, 5 ~~nd 6 above mei-tioned shall be com lied with "~ building and zonin~ inspecl ions. ~ ' N prio : to final ;y (10) Ahar subject property s(~all be developed subc[an~ially in accordance wi.th plans and ~speciflcations on file wiCh the CiCy of Anaheim marked Gxhibit No. 1. .~ (11) That- ir~ the evet~t subject pruperty is no lor~ger proposed to be utilized for warehous- ~ing p~irposes, parking shall be provided in conEormance with the requirements of the proposed use, ;5as stipulated Co by the petitioner. ''' THE FOREGOING RESOLUTION ia signed and approved by me is 9th day of December , 1971 . i a ;~ ~ , CHAIRMAN ANA}iEIM CITY PLANNING COMMISSION ATTEST: SECRETA,RY ANAHEIM ITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANANEIM ) I, Ann Krebs , Secretaty of the City Plartning C~mmission of the City of Anoheim, do hereby certify that the foregoing resolution was passed and adopted et a meeting of the City Planning Commission of the City of Aneheim~ held on Novembe r 29 , 1971 , at 2:00 o'clock P.M., by the following vote oE the members thereoE: AYES: rOMMISSIONERS: ALI,RGD, FtiRANO, GAUER, HERBST, KAYWOOD, ROWLAND, SEYMOUR. NOES: COMMISSIONERS: NUNE. ASSENT: COMMISSIONERS: NONE, IN WITNESS WHEREOF, I have hereunto set wy hand this 9 th d ay o f D e c e mk, ~ r, 19 7]. , ~~ i~ ~ ~ `~ ~ RESOLUTION N0. P C 71- 2 3 0 ~~~~a~ SECRETARY ANAHEIM C1TY PLANNING C~MMISSION V2-G .2_ ~ ~"' '~ ~..~~ ~ ~ F