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PC 73-9~ ~ RESOLUTION NO. PC73-9 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE NO.'46A BE GRANTED WHEREAS, the City Planning Commission ot the City of Anaheim did receive a verified Petition for Varience from NU PROPERTIES, INCORPORATED, 10612 Midkey, Cerritos, California 90701, Owner; HOSTETTER REALTY, 413 South Brookhurst Street, Anaheim, California 92804, Agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Lots 1, 2, and 3 of Tract No. 483, as per map recorded in Book 17, Page 20 0£ Miscellaneous Maps, in the office of the County Recorder of said cuunty. Except the easterly 20 feet thereof, Also except the southerly 20 feet of Lot 3 ; and WHEREAS, the City Planning Commission did hold a public hearing at the City Hell in the City of Anaheim on January 8, 1973, at 2:00 o'clock P.M., notice of said public heering having been duly given as cequiced by law and in eccordance with the provisions of the Anaheim Municipal Code, Chapter 18.68,to hcarand consider evidence for and egai:~st said proposed variance and to investigate end make Eindings and recommendetions in connec- tion thecewith; and WHEREAS, said Commissinn, efter due inspection, investigation, and study made by itself end in its behelf, and aEter due consideration of all evidence and reports oEEered et said heering, does find and determine the following facts: 1. Thet the pel'ztioner .requests variances from the Anaheim Municipal Code as follows: a. SECTION 18.44.010 - Permitted uses. (Permit a C-3 use in the C-2 Zone) b. SECTZON 18.40.070(4-a-2-f) - Minimum number of required parking spaces. (20 spaces required; 9 spaces p'roposed) 2. That the petitioner proposes to establish a muffler repair shop providing other specialty ~utomotive services, 3. That the petitioner stipulated to providing additional landscapi.ng including shrubbery. 4. That the petitioner stipulated that additional parking could be provided to the rear with parallel parking and within the structure itself totaling 16 perking spaces. 5. Thut there are exceptional or extreordinary circumstances or conditions applireble to the property involved or to the intended use of the propecty that do not apply generally to the propeety or c:ess of use in the same vicinity and zone. 6.. That the requested variance is necessary for the preservation and enjoyment oE a substantial property right possessed by other property in the seme vicinity end zone, and denied to the property in question. 7.• That the requested variance will not be meterially detrimental to the public welfate or injurio~!s to the pmp- erty or impcovements in such vicinity and zone in which the propeRy is located. 8, That one person appeared in opposition to possible abandonment of the existing alley to the rear and'to possible use of the ~llPy for other than ingress and egress. ENVIRONMENTAL~IMPACT REPORT~PINDING: Thst the Planning Commission finds and determines thaC the prnposal would have no significant eZVironmental impacC and, therefore, recommends to the City Council tnat Exemption Declaration Status be granted. V1-G '1' ~ ~ NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are herehy found to be a nec- essary 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 suUject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Euclid Screet and La Palma Avenue for street widening purposes including a 25 foot radius property line return; conditionally dedi- cat~ to the City of Anaheim a strip of lan3 10 feet along the aliey conditioned upon the comple- tion of the alley abandonment currently being processed. If the abandonment is denied, the addi- tional alley dedication will become effective. (2) That the owner(s) of subject property shall pay to the City of Anaheim the sum of 15 cents per £ront foot along ~uclid Street and La Palma Avenue for trea planting purposes. (3) That trash storage areas shall be reloceted to the souehwest corner of subject build- ing in accordance with recommendation o£ the Development Services Department and conforming to standards on file with the office of the Directox of Public Works. (4) That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to comnencement of structural framing. ~(5) That subject property shall be served by underground utilities. (6) That sCreet lighting facilities along Euciid Street and La Palma Avenue shall be in- stalled as required by the Director of Public Utilities and in accordance with standard plans and specifications on file in the office of the Director of Public Utilities; and that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guar- antee the installation of the above mentioned requirements. (7) That this approval is subject to comQletion of Reclassification No, 62-63-41. (8) That the final parking plan shall be approved by the llevelopment Services Department and any landscaped areas in the parking area shall be protected with 6-inch high concrete curbs, and concrete wheel stops shall be provided for parking spaces as required by the Development Services Department. (9) That any parking area lighting proposed shall Ue down-lighting, which lighting shall be directed away from the property lines to protect the residential integrity of the area, (10) That Condition Nos. 1, 2, 6 and 7, above menCioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of 360 days from the date hereof, whicheyer occurs 'first, or such further time as the Planning Commission may grant. (11) That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3 provided, how- ever, that additional parallel parking shall be provided to the rear of the proposed structure. (12) That Condition Nos. 3, 4, 5, S, 9 and 11, above mentioned, shall be complied with priur to final building and zoning inspections. THE FOREGOIN,r, RESOLUTION is signed and approved by me this Sth day o,f,~January, 1973. / ATTEST ~ ~~~"v"~ a//~v~'~/ SECItETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CAtIFORNIA ) COUNTY Or ORANGE ) $s. CITY OP ANAHEIM ) I, Ann Krebs, SAcretary of Che City Planning Commission of the City of Anaheim, do hereby certify that L•he foregoing resolution was passed and adopted at a meeting of the City Planning ~ommission of the City of Anaheim, held on January 8, 1973, at 2:00 o'cluck p.m., by the following vote of the members thereof: AYES; COMMISSIONERS: ALLRED, FARANO, GAUER, HERSST, 1CAYWOOD, ROWLAND, SEYMOUR. NOES: COMMISSIONERS: NONE, ABSENT: COMMISSIONERS: NONE. IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of Tanuary, 1973. //G/!?/~?~%~~~ SECRETARY ANAHEIPI CITY PLANNING COMMISSION RESOLUTION N0. PC 73-9 -2-