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PC 73-150~ ~ RESOLUTION N0. PC7~_'t5~ A RESOLUTION OF TFIE CITY PLANNfNG COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE NO. _ 252.8 BE GRANTED R~HEREAS, the City Planning Commission of the City of Aneheim did reccise a verified Petition for Verience from PAUL ANn RUTH KNAAK, 1751 East Skyline Drive, Santa Ana, California 92705, Owner; ZACHARY SHAM, 615 East Chapm~n, Orange, Caliiornis 92666, Agent of certain property situated in the City of Anaheim, Coun~y of Orange, State of California, described as The N. 216" of the W. 100.00' of the E. 214.62' of the 1Y. 404.62' of Lot 3 d 4 in Blk A of Tract 13 as shovm on a map recorded i.n Book 9 page 12 of Miso. Maps, Org. Co. sa~d distances being measured to the center lines of the streets adjoining. ~,xcepting ther~efrom the Northerly 66 ~ee~ thereof ~ ; and WHEREAS, tha City Plenning Commission did hold a public hearing at the City Hell in the City oE Aneheim on July 9, 19%3 , at 2:00 o'clock P.M., notice of said public hearing heving been duly given as requiced by 1aw and in eccordance with the pcovisions of the Aneheim Municipel Code, Chapter 18.68,to hear end considex evidence for and egainst seid proposed varience and to investigate end meke findings and recommendetions in connec- tion thcceu~ith; end WHEREAS, seid Commissinn, efter due inspection, investigetion, end study mede by itselE end in its behelf, and aftec due consideretion of ell evidence end reports offered et seid hearing, does find and detecmine the following facts: 1. That the petitioti+er requests e varience from the Aneheim Municipel Code: SECTION 18.40.070(2)(A)(1) (City Counail Resolution No. 54:3) - Lincoln Avenue speoiel front setbaak. (35 feet required; 5 feet proposed) 2. That there ere excepkional or extraordlnery ciccums+,n~ces •or cociditicrns app2iceb~~ te the property involved or to the intanded use of the Eroperry that do not epply generelly to the pro~ier,ry or cless of use in ;he same vicinity and zone. ' 3. That the requested verience is necessery Eor the preserv~tion ar.d epi~iyment of e substentie! propedy right pussessed by other pcopetty in the seme vicinity and zone, t+nd denied to :l~e ptoperty in question. 4. Thet the requested variancc will not be matecielly detrimentel ta the putlic welEare or injurious to the pmp- erty or improvements in such vicinity end zone in which the property is loceted. 5. That the petitioner st:pulated to providing 'landscaping in the front setback to C-1 standsrds, and that a landscape plan would be submitted to the Devel~pment Sarvices Depsrtment for approval. ENVIKGNNNfENTAL IMPACT REPORT FINDING: Petitioner has requested exemption from requi•rements for Yiling of an Environmental Impact Roport. Review of the request and the Environmental Impact Quostionnaire indicates the proposal would have no sianificant environmental impaat. Staff would, therefore, reoommend exemption declaration status be granted. -1- ~ ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissiort does hereby grant rubject Petition for Verience, upon the following condltions which are hereby found to be a necessery precequisite to the pro- posed use of the subject propecty in or3er to preserve tfle seEety end general welEere of the Citizens of the City of Anaheim: (1) That sidowa]ks shall be installed along Lincoln Avenue as required by the City Engineer and in acsorclanae with standard plans and specifications on filo in the office of the Citg Engineer. ' (2) That the ovmar(s) of subject progerty shall pay to the City of P.naheim the snm of $2.00 per front foot along Lincoln Avenue for street lighting purposes. (3) That the owner(s) of subject property shall pay to the City of.Anaheim the sum of 60Q' por front foot along Lincoln Avenue for tree planting purposes. (4) Thai; trash storage areas sh.a.ll be provided in accordance with approved plans on file with the ofPice of the Director of Publir, Works. (5) That all air cundi;,ioning facilities shall be properly shielded from view, and the sound buffered from c+djacent properties. (6) That subjbct property shall be served by underground utilities. (7; That the existing struature shall be brought up to the minimum standards of the City of Anaheim, including the UniYorm Building, Plumbing, Electri.cal, Housing, Meahanical and Fire Codes as adopted by the City of Anaheim. (8) That the final parking plan sY.all be appr• .d by the Development Servioes Department, and any landscaped area~ in the parking area shall be protoatied with 6-inch high, conorete curbs, and concrete wheel stops shall be provided Por parking spaces. (9) That subject property shall be developed substentially in accordanae with plans and :~eaifications on file with the City of Anaheim msrked Exhibit Nos. 1, Z, 3, 4, and 5• (10) That a landscape plan to G-1 standards for subjeot proparty shall be submitted to the Development Services Depurtment for review and approval, as stipulated to by tho petitioner. A~iy decision made by the Development Services Department on said plan may be appealed to the Plenning i,ommission and~or City Council. (11) That Conditions Nos. 2 and 3, above mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the buildina permit is issued or within a period of one year from da•te hereof, whiohever oaaurs first, or such further time as the Planning Commission may grant. (12) That Conditions Nos. 1, 4, 5, 6, 7, 8, 9, and 10, above mentioned, shall be complied with prior to fina'1 building and zoning inspections. THE FOREGOING RESOLUTION is slgned end eppmved by me this 19th day of July , 1973. ATTEST: SQF,Tf~L=`~R~~A"~.:SB'l4Y..~ e~YDO1N'Y1ia'~'~~1 ~ CHAIRMAN ANAHEIM C1TY PLANNING COMMISSION ~v,-c./ . ~ SECRETARY ANA •IAf CIiY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY aF ORANGE ) es. CITY OF ANAHEIM ) I, Ann Krebs, Secretnry of the City Plenning Commis~ion of tha City of Annheim, do hereby certity thnt the toregoing cesolution was pesse3 end adopted et a mceting of the City Planning Commission oEthe City oE Anaheim, held on July 9, 1973 , et 2:00 o'clock P.M., by the follo~ving vote of the members thereof: AYE~a COMMISSIONERS: ALLRED, FARANO, GAUER, HERBST, KII~G, ROWLAND, SEYb10UR. NOES: COMMISSIONERS: NONE. ABSENT: COMMISSIONERS: NONE. IN WITNESS WHEREOF, I heve heteunto set my hnnd this 19th day of July , 1973. RESOLUTION N0. PC73-150 ~~~2~/?~ 1 ~~ LC~e~ SECRETARY ANAHEIAI CITY PLANNING COMMISSION V2-G 'Z-