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PC 75-40_ -%` RES~TION N0. MC75-40 A RESOLUTION OF THE CITY PLANNING CQMhiIZS6175 OF TBE G NOE~~NAHEIM • THAT PETITION FOR VARIANCE NO. WHEREAS, the City Plenning Commission of the City of Anaheim did receive e 4erified Petition for Variance fcom STUART D. NOBLE, 3z~26 Paseo Sanchez, San Juan Capistrano, California 92675 (Owner) of certain real property situated in the City of Anaheim, County of Orange, State of California, described as Lot No. 4 of Tract No, 1758 as per map recorded in book 53 pages 19 and 20 of Miscellaneous Maps, in the office of the county recorder of said county ; and WHEREAS, the City Planning Commission did hold e public hearing at the City Hall in the City of Anaheim on February 19, 1975, at 1:30o'clock P.M., notice of said public hearing liaving been duly given as requi:ed by law and in eccordence with the provisions of the Anaheim Municipel Code, Chepter.~$,03,to hear and consider evi- dence for end ageinst seid proposed vaiienc= and to investigate end meke Eindings end rernmmendations in connection tl~erewith; and WHEREAS, seid Commission, aEter due inspection, investigelion, nnd study made by itself and in its behelE, end after due ccnsideration of all evidence and reports offe'red et seid hesring, does find und detertnine the following Eects: 1. Thatthepetitionercequests the following waiver from the Anaheim Municipal Code, to establish a photography studio in the CO (COMMERCIAL, OFFICE AND PROFESSIONAL) ZONE: SECTION_ 18.41.020 - Permitted uses~. (Photography studio not permitted in the CO Lone 2, That the above-mentioned waiver is hereby Granted for a period of two (2) years, at the end of which time and upon ~-~ritten request by the petitioner,~consideration may~be given for an extension of time by the Planning Commission arid/or City Council. 3, That the petitioner sCipulated that the proposed phfltography studio will be for family-type photography and that no nude modeling or nude studio work will be conducted on the premises. 4. That the petitioner stipulated that retail sales will be incidental to the use and wili consist primarily of photographs and frames and that thEre will be no sales of can~eras or film on the premises. That there are exceptional or extreordinary circumstences or conditions eppliceble to the property involved or to the5ntended use of the property that do not apply generally to the property or class of use in the seme vicinity and zone. 6, Thet the requested varience is necessery for the preservation end enjcyment oi a substential property right possessed by other property in the same vicinity and zone, and denied to the propecty in questiun. ]. 1'het the requested variance will not be materially detrimental to the publlc welEare or injurious to the peop- erty or improvements in such viciniry and zone in wh;ch the property is located. 8. That no one indicated their presence at said public hearing in opposition,and no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPAC7 REPORT FINDING: That the Director of Develupment Services has determined that the proposed activity falls within the definition of Section 3•01, Class 1 of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, categorically exempt fro the requirement to file an EIR, ~1~ DEV-66• RESOLUTION N0. PC75-40 ~~ ^ NOW, THEREFORE, BC ~ESOLVED that tha'Aneheim City Plana~ommission does heteby grent subject . Petition Eor Varience, upon the fo owing canditions which are hereby Eound be a necessary prerequisite to the pro- posed use of the subject property in order to preserve the sefety and general welEare of the Citizens of the City of An~hcim: • 1. That the owner(s) of subject property shall pay to t.he City of Anaheim the sum of 60C per front foot along Ball Road for tree ~+lanting purposes. 2, That subject property shall be developed =ubstantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 4. 3, That Condition No. l, above-mentioned, shall be complied with prior Yo the commencement of the activity authorized under this resolution, or prior to the time that the buildirig permit is issued, or within a period of one year from date hereof, whichevrr occurs first, or such further time as the Planning Commission may grant. 4. That a time limitation of two (2) years shall be granted for the use of subject property and, upon written request by the petitio~er, an additional period of time may be granted upon approval by the Planning Commission and/or City Council. 5, That the proposal is for a family-type photography studio and there shall be ~o nude modeling nor nude studio work conducted at the subject location, as stipulated to by the petitioner. 6. That any retail sales at the subject location shall be incidental Lo the use and will consist primarily of photographs and frames, and that there shall be no sales of cameras or film, as stipulated to by the petitioner. THE FOR6GOING RESOLUTION is s3gned and npproved by me this 19th day of feb ruary, 1975. C AinMAN AN IM CITY PLANNING COhiMiSSION ATTEST: 1 , . Lp, ~~~ f~~ ~~ SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE OF CAI.IFORNIA ) COUNTY OF ORANGE ) gB• CITY OF ANAHEIM ) I,Patricia B.Scanlan, Secretery of the City Planning Commission oE the City of Aneheim, do hereby certify thac the foregoing cesolution was pessed and adoptecf et e meeting of the City Planning Commission o[the City o{ Atiaheim, held on Feb ruary 19 , 1975 , at 1: j0o'clock P.h7., by the following vote of the memhers thercof: AYES: COMMISSIONERS: GAUCR, JOHNSON, KING, MORLEY, TOLAR, NERBS'f NOES: CUMM1SS10NEFS: NONE ABSENT: COMMISSIONERS: FARANO • IPi WITNFSS WHEREOF, I have hereunto set my hand this 19th day of Febt'uary, 1975. ' ~ ~ Aici~ 1/ A~:~/ SECRETARY ANAHEIM CITY PLANNING COMMISSION -2- RESOLUTION N0. PC75-40