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PC 75-51~L~'. . ~ ~ ~ RESOLUTION N0. PC75-51 A P.ES9LUTICN OF THE CIT~ PLANNING LOMMISSION OF THE CITY OF ANAHEIM TNAT P~T1710N FOR VF.RIAKCE N0. 2676 8E GRANTcD. wHERERS, the Gity Plan~ing Gammission of the City of Anaheim did receive a veriiied PetitiGrs for Variance from MARiHA K. SCHUMACHER, 213 North Helena Street, Anaheim, ;a.if~srnia 32905 (Owne~); LEONARD SMITH, 125-D Sauth Claudina Street, Anahe'm, Cat9~brnia 9280~ (A~ent) of certain real property situated in the City of ATa~.eim, Gounty of Orange, State cf California, described as: LUT 3~~ BLOCK A OF T~ACT N0. 15$, AS PER MAP RECORDED IN BOOK 12 PAGE 8 OF PtISGELLANEOUS M~~PS, ItJ THE 4FFIC~ OF THE COUNTY RECORDER OF SAID COUNTY. EKCEPT THE WESTERLY 5.25 FEET 01' SAID LOT 7 CONVEYED TO THE CITY OF ANAHEIM, A MUNICIPAL CORPORATION, FOR WIDENING f~DRTH LOS ANGELES SiREET, BY DEED RECORDED DECEMBER 2, 1937 ~N BOOK 919 PAGE 441 ~5€ OFFICIAL RECORDS, IN THE OFFICE OF THE CGUN7Y RECORDER OF SAID ORANGE COUNiY'; ~hd WHEREAS, the City Planning Corrc~isst6n did hold a public hearin9 at the Lity Hall in the City of Anaheim on March 3, »75, at 1:34 p.m., notice of said public hearing having been duly given as required by law and in accordance with th~: provisions of the Anaheim Municipal Code, Chapi•er 18.03, to hear and consider evidence for and against said proposed varianee en~! to investigate and make findings and recommendations in connection therev+ith; and WHEREAS, said Commission, after due inspection, inve5tigation, and study made by itself and in its behalf, and after due considPration of all evidence and reports offered at said hearing, does find and determine the foilowing fiacts: l. That the petitioner requests the following waivers from the Anaheim Municipal Code, to establish an automobile repair and body shop +~ith parts sales in the CG (COMMERCIAL, GENERAL) ZONE: a. SECTION 18.45.020 - Permitted uses. (Automobile rEpair and b~dy shop and automotive sales not a pcrmi~ted use) b. SECTION 18.45.066.050 - Minimum off-street parking_. (E5$ of total area t.o be used for parking; ~+~ propos;:d) 2. That Waiver 1-a, above-mentioned, is hereby granted on the bay'ss that other similar automotive facilities currently exist along Anaheim Boulev~r~; provided, however, that the petitioner stipulated that there would only be an occasional automobile for sale and said automobile will not be displayed as, a for-sale vehicle outside the building. 3. That Waiver 1-b, above-mentioned, is hereby granted on the basis that other similar waivers have been granted previously in the subject area. 4. That the petitior,er stipulated that tfie proposed use will not have a paint booth. 5. That the petitioner stipulated that the hours of operation will be from 7:30 a.m. to 5:30 p.m. and that no noise will be emitted from the subject property during ell other hours. 6. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to Yhe intended use of the property that do not apply gnnerally to the property or class of use in Che same vicinity and zone. 7. That the requested variance is necessary for the preservation and enjoy- ment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 8. That the requested variance will not be materially detrimental to tfie public welfare or injurious to the property or improvements in such vicinity and zone in which the nroperty is located. RESOLUTION N0. PC75-51 ' ~ ~i y. That no pne inarcated tne~r presence at saiG pu~c hearE~g i~~ a~spo:;;i~z, anei no correspondence was received iii oppositior~ to subjecC petition. ENUdRONMENTAL IMPACT REPORT FlNDING: That :he Director of Development SEi•vic~s has de~termined that the proposed activity f.,`Is within [he definition ~if Sect~on 3•Ol, Class 1 of the City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, Eherefore, categor~cally exer~pt from the requi~rement to file an EIR. N04Y, THfREFORE, BF IT RESOLiIED that the Anaheim Gity Planning Commission does hereby grant subject Petition for Vari~ance, upon the -following conditions which are hereby found ta be a necessary prerequisite to the.proposed use of the subject property irt ordeP to preserve the safety a~nd generaa weafrare of the Citizens of the City of Anaheim: l. That trash storage areas shal~! be pro~~ided ir, ace~rdance with approved plans on fi'le with the Office of khe Direct~or of Public'Works. 2. That svbject propei'ty shall be dievel•oped siubstantially in accordance with plans and spec3fications on file with the City of 94naheim marked Exhibit No. l. 3. That Cbndttions Nos. 1 and 2, ~boro~e-rt~entio~ed, shall be complied with prior tb the ccammencemeni oP 'tMe a~tiaity authorized under this resotution, or pri~or ta the time that Gf~e building permit is issued, or within a period of one (il year from date herr_of, ~rhichever occurs tirst, or such further time as tiie Pianning Commission max grant, A. That a padnt booeh s~hall not be utilized at the subject location, as stipu~l.ated Go by fhe petitioner. 5: 7'hat tfie hours of oper~tion s4sa11 be from 7:30 a.m. to 5:30 p.m., as stipulat•ad to by ths petitioner. G. That any aukomobile #or sale on tt~e pretmises shall not be disptayed nor bdaertis~.d as a fo:-sa3~e vehicl~ auY..sade ch~e building, as stipulated to by the pe[ i ;.doner. THE FOREGaING RESOLUTION is signed and approved by me this 3rd day of March, 19'~5. . ` CHA AN, IM I Y PLANNIN6 COMMISSiON N7T€ST; ,~~~ /`'.3~.y~ ~,~.-P~J' SfCRETARY, ANA.HEIM C~TY PL.~Wt:lN6 LO'~t~15:~ Ofs STATE OF Ci1LIFORNIA ~~ COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the C1ty Planning Cemmission of the Gity of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on March 3, 1975, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: FARANtl, GAUER, JOHNSON, Y.ING, HERBST pI0E5: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MORLEY, TOLAR IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of Marc:i, 1975. SECRETARY, ANAHEIM CITY PLANNING COMMIS510~~ -2- RESOLUTION N0. PC75-51