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PC 75-69' ^ ~ RESOLUTION N0. PC75-69 ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N0. 2688 BE GRANTED, WHEREAS, the C?ty Pianning Commission of the City o.` Anaheim did re~eive a verified Petition for Variance from THEODORE AND DEANNA TODOROFF, 925 North Anaheim Boulr,vard, Rnaheim, California 92805 (Owner) of certain real property situaied in the City of Anaheim, County of Orange, State of California, described as: Lot IJos. 9 and 10 of Tract No, 143 Biock B as per map recorded i~ book 11 page 38 of Miscellaneous Maps, in the office of the county recorder of said county; and WHEREAS, the City Planning Commission did hoid a public hearing at the C12y Hall in the City of Anaheim on March 31, 1975. at 1:30 p.m., ~otice of said Nublic hearing having been duly given as rEquired by law and in accordance with the pr~visions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations tn connection therewith; and WHEREAS, said Commission, after due inspection, investigation, and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does.fiid and determine the following facts: l. That the petitioner requests the following waiver from the Anaheim Municipal Code, to establish a transmission and automobile repair work facility at a servi;~e station site: SE~TION 18.45,020 - Permitted uses. ('(ransmisslon and automobile repair work not permitted in the CG Zone) 2, That the above-mentioned waiver is hereby grar.ted for a time limitation of twu (2j years, subject to review and consideration for extension of time, upon request uy the petitioner; said proposal being an interim use to allow the petitioner to have use of the subJect property pending additional dedication for widening of La Palma Avenue and Anaheim Boulevard, at which time the use may not be suitable for the size and shape of the property and the property shall rhen be developed in conformance with the site development standards of the CG Zone. 3. That the petitioner demonstrated that a hardship would be created if additional dedication for the widening of Anaheim Boulevard and La Palma Avenue were made at this time, since the site is presently minimal for the proposed use; however, the Pianning Commission determined that whenever the Lity requires said dedication, the property owner(s) shall be so required to dedicate a strip of land 40 feet in width from the centerline of the street along Anaheim Boulevard and a strip of land 53 feet in width from the centerline of the street alon9 La Palma Avenue for street-widening purposes. 4. That the ultimate alignment of La Palma Avenue has not yet been estab- lished by the City of Anaheim and, therefore, it was determined that removal and reconstruction of curbs and driveways along La Palma Avenue and Anaheim Boulevard shall not be required until said ultimate alig~ment is established, at which time the curbs shail be removed and/or reconstructed along Anaheim Boulevard and drive- ways shall be removed and/or reconstructed along La Palma Avenue, as required by the City Engineer and in accordance with stdndard plans and specificatians on file in the Office of the C?ty Engineer. 5. That the petitioner stipulated to dedicating a strip of land 10 .'eet in width from the c~nterline of the alley along the west property llne for alley- widening purposes. 6. That the Planning Commission determined that the existing structure yhall be brought up to the minimum standards of the City of Anafieim, inc4udi~g the uniform Building, Plumbing, Eler,trical, Housing, Mechanical and Fire Codes, as adopted by the City of Anahefm, RESOLUTION N0. PC75-69 7. That, in Y.he a~ce of spccific plans for devel nt o` the site, tk` petitioner represented although the edifice on the ~W111 not be sub- stantially remodeled or altered, said building wi11 be painted, the da~age~ metai panels will be repaired and/or replaced, an office in conformanee with Lode requirements ti:i11 be created within the exisYing building, and snlid roller doors and hydraulic lifts will be installed. 8. That there are exceptional or extraordinary circumstances or conditior> applicable to the property involved or to the intended use, as granted, of thr property that do not apply ge~erally to the p~operty or class of use in the s~ e vicinity and zone. 9, That the requested variance, as granted, is necessary for the preser: tion and enjoyment ef a substantial property right possessed by other property i~ ~''ie same vicinity and zone, and de~ied to the property in question. 10. That the requested variance, as granted, will not be mater+al!y detrE•• mental to the public welfare or injurious to the property or improvements in ~uch vicinity and zone in which the property is located. Il. That no one indicated their presence at said public hearing in oppo~ tian, and no correspondence was received in opposition to subject petitton, ENVIRQNMENTAI. IMPACT REPORT FINDING: That the Director of Development Services has determined that tfie propc~;ed activity falls within the definition of Section 3.01~ ~~ass ~ of the City r-' Anaheim Guidelines to the Requirements for an Environmental Impact Rcport a~.. is, therefore, categorically exemE+t from the requirement to file an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Lity Planning Commtssi ~ does hereby gr3nt subject Petttion for Va~erecu(sitentohthe~propostdcusetof theW'.~bh are hereby found to be a necessary p q j.:ct property in order to preserve the safcty and general welfare of t•he C~ izens of~ the C i ty of Anahe i m: 1. That the owner(s) of subject property shall deed to the City of R~~,••heim a strip of land 10 feet in width from the ce~terline of the alley along th, west property line for aliey widening purposei, as stipulated to by.the pe.':~ioner. 2, That upon the establishment of the ultimate alionment of La Palm.• A:~•~ue by the City of Anaheim and when additional dedication is required, the pr~{~erty owner(s) shall dedtcate a strip of land 40 feet in width from the centerl~~e of the strcet alon~ Anaheim Boulevard and a strlp of land 53 feet in widt from the centerltne of the street along La Palma Avenue, for street-widening ; rposes. 3, That upon the est~-blishment of tlie ultimate alignment of La Palni;'~ Avenue by the CFty of Anaheirn, the property ~wner(s) shall remove and/or on- struct the driveways along La Palma Avenue and rertave r.nd/or reconstruct he curbs on Anaheim Boulevard, as required by th~ City Engineec• and in ~ccoa+ence with standard plans and specifications on fi,le in the Office of the City ~ngineer. 4, That the existing building shall be broughC up to the minimum st.ndards of the City of Anaheim, includin9 the Untform Bu{Iding, I'lumbtng, Electri•~.al, Housing, Mechanical and Fire Codes, as adopted by.the City of Anaheim. 5, That the owner(s) of sub,ject property shal) pay to the CiCy of ~;~iaheim £he sum of 60C per front foot alony Anaheim Boulevard and La Palma Avenu~. For tree planting purposes. 6. That trash storage areas shall be provided in accordance with apr.•oved plans on file with the Office of the Director of Public Works. 7, That subJect property shall be developed substantlally in accord~i ce wlth plans and spectficatians on file witi; the City of Anahelm marked Exhiblt !i , l. 8. That Condition No. 1 and 5~ above-mentioned, shell be complled w'. h prior to the commencement of the activity authorized under this resolutior or prior to the time tfiat tfie building permit is issued, or within a period t: one year from date hereof, whichever occurs first, or such further time as tha~ 7lanning Commisslon and/or City Council may grant, _2_ RESOLUTION N0. 'C75'S9 c;• 9, That Condit3on ~. 4, 6 and 7, above-mentioned,~all be complied with prior to final building and zontng i<<spections. 10. That a ttme limitation of two (2) years shall be ~ranted for the use of subject property and, upon request by the petitioner, an additional period of time may be granted upon approval by the Planning Commission ar.d/or City Council; provided, however, that an extension of time shall be predicated on the status of the City of Anah~im's need for additional dedicatton for the widening of La Palma Avenue and Anaheim Boulevard, in which event the property may be, required to be developed in conformance with the site development standards of the CG Zone and the size and shape of the property may then not be suitable for the proposed use. • THE FOREGOING RESOLUTION is signed and approved by me this lst day of March, 1975. : ~ Y ~"jO~ A RMAN, A H M CITY PLANNING COMMISSION ATTEST: ~ , ~ rS~~Gt~K'J SECRETARY, ANAHEIM CITY PLANNING COM~41SSION STA7E OF CALIFORNlA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) . I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of Anaheim, do hereby cert~ify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, he~d on March 31, 1975, at 1:30 p.m „ by the following vote of the members thereof: AYES: COMMISSIONERS: FARANO, GAUER, JQNNSON, KING, MORLEY, TOLAR, HERBST NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 31st day of March, '1975. SECRETARY~ ANAHEIM CITY PLANNING COMMISSION _3_ RESULUTION N0. PC75-69