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PC 75-223.- ~ ~ RFSO~UTION N0. PC75-273 P. RESOLUTION OF THE CITY PLANNI~IG COMMISSION QF THE CITY OF A~~NHEIM TNAT PETITION FOR VARIANCE N0. 2744 BE GRANTED WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Varianc~ from MARTIN RONS0~1, 216 North Manchester Avenue, Anaheim, California 9z801 (Owner) af certain real property situated in the City of Anaheim, County of Orange, State of California, described as: That portfon of the Southeast quarter of the Southwest quarter of Section 9, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shovm on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of sai~ Orange County, described as follows: Beginning at the South quarter corner of said section being on the centerline of Lincoln Avenue; thence•South fi9° 14' 25" West 41.87 feet along said centerline; thence ~~orth 46° 57' 35" West 72.24' feet to the Northerly line of said Lincoln Avenue (50.00 feet wide) as described in deed to the State of California, recorded February 8, 1935 in Book 730, pa9e 275 of Official Records; thence Westerly 2i6.28 feet ~long said Northerly line to the Westerly line of the land described in the deed to G, q. ttoontz, et al., recorded in Book 480, page 217 of Deeds; thence North 0° 44' 21" West 138.90 feet along said Westerly line to the true point of beginning, being on the Easterly prolongation of the Northerly line of the land described in the deed to Fred C. Pimental and wife, recorded March 29, 1946 in Book 1397, page 391 of Official Records; thence North 89° 2g' 21" West 192•75 feet along said prolongation and Northerly line; thence South 0° 44' 21" East 21.35 feet to the Northeasterly line af Manchester Avenue, as described in the deed to the State of California, recorded in Bouk 729, page 234 of Official Records; thence Northwesterly along the Northeasterly line to a line parallel with and Easterly 756.95 feet from the West line of said Southeast quarter; thence PJortherly along said parallel line to the Southwesterly line of the land described in the deed to the State of California, recorded August 30, 1954 in eook 2n02~ page 441 of Official Records; thence Southeasterly 316.II6 feet along said Southwesterly line to the said Westerly tine of the land described in deed to G. A. Koontz, et al.; thence South 0° 44' 21" East 11.69 feet to ths true point of beginning. WIIEREAS, the City Planning Comrnission did hold a p~blic hearing at the City Hatl in the City of Anaheim on October 29. 1975, at 1:30 p.m.. notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anahefm Municipal Code, Chapter 18.03, to hear a~d consider. evidence for and against said praposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, afCer due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evEdence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests the following waiver from the Anaheim Municipal Code, to establish a drapery manufacturing facility in the CG (COMMERCIAL. GE•NERAL) ZOtIE: SECTION 18.45.020 - Permitted primar uses. (Wholesaling and manu acturin9 of draperies not permitted) 2. That the above-mentioned waiver is hereby granted on the bas~is that the proposed use is deemed to be an ap~ropriate use in the subject area where a combination of industrlal and cmm~erciat uses and zones are presently located, and that subject use is compaCible with surrounding uses; and, furthermore, the petitioner indicated there ~aas no heavy truck tra`fic generated by the use. 3. That there are excepkionai ur extraordinary circumstances or r,onditions applicabte to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoy- ment of a substa~tial property right pcssessed by other property in the same victnity and zone, and denied to the property in question. , RESOLUTION N0. PC75^223 ~ ~ 5. That the requested variance will not be materially detrimental to the public welfare or inJurious tu the property or improvements in such vicinity and zone in which the property is located. 6. That no one indicated their presence at said public hearing in opppsition; and no correspondence was received in opposttion to subJect petitien. ENVIROHMENTAL IMPACT REPOR7 FINDI~lG: Thet the Dtrector of the Planning ~Jepartment has determined that the proposed activity falls within the definition of Section 3.Oi, Class 1~ of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically exempt from the requirement to file an EIR. tJOW~ THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon tEie following conditions which are hereby found to be a nece.ssary prerequisite to the proposeci use of the subject property in order to preserve the safety and generat welfare of che Citizens of the City of Anaheim: l. That street lighting facilities along Manchester Avenue shali be installed as required by the Director of Public U.*,ilities and in accordance with standard plans and specifications on flte in the office of the Director of Public Utilities; and that a bond in an a!nount and form satisfactory to the City of AnahEim shall be posted with the City to guarantee the installation of the above-mentioned requirements; provided, however, that the Utilities Director may permit the payment of street lighting fees in the amount of $2.00 per front foot atang Manchester Avenue. • 2. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Oirector of Public Works. 3. That sidewalks shall be installed along Man~hester Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer. 4. That appropriate water assessment fees, as determined by the Director of Public Utilities, shall be paid to the City of Anaheim prior to the tssuance of a building permit. 5. That subject property shali be developed substantially in dccordance with plans and specifications on file with the City of Anaheim marked Exhibit No. l. 6. That Condition Nos. l, 2, 3 and 5, above-mentioned, shall be complied , with prior to the commencement of the activiCy authorized under this resalutibn, or prior to the time that the building permit is 3ssued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission anr/or City Council may grant. T;iE FOREGOING RESOLUTIOt~ is signed and approved by me tFiis 29th day of October, ;975. /~k~2i~ ~ ~ CHAIRMAN, PRO TEMPORE ANAHEIM CITY PLANNIt~G COMMISSIOtJ ATTEST: • !~/Cfifi3 GGGGCJ~ SECRET.ARY. ANAHEIM CITY PLANNING COMMISSION -2- RESOLUTION N0. PC75-223 . ~ C~ STATE OF CALIFORMIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1~ Patricia [i. Scanlan~ Secretary of Che City Planning Comnission of the City of Anaheim, do hereby certify that the foregaing resalution was passed and adopted at a meeting o,f the City Planning Commission of the City of Anaheim, held on October 29, 1975, at 1:30 p.m., by r,~~ fotlowing vote of Che members thereof: AYES: CdMMISSYOt~ERS: BARNES, HERBST. JOHNSON, KINS, MORLEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: TOLAR, FARANO It~ WITNESS lJHEREOF, I have hereunto set my hand this 29th day of October, ~975. ~u ,~ ~-.~~!~ SECRETARY, ANAHEIM CITY PLANNING COMM15510N '3' RESOLUTION Nb, PC75-223