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PC 76-118. ~ ~ RESOLUTION N0. PC76-118 A RESOLUTION OF THE ANAFIEIM CITY PLANNING COMdIISS20N THAT PETITION FOR VARIANCE N0. 2812 BE GRANTED. Wf~LREAS, the Aneheim City ?lanning Commission did receive a verified Petition for V'eriance from ATLANTIC RICHFIELD CO., 3580 Wilshire Boulevard, Suite 530, Los Angeles, Celifornia 90017 (Isssse) and BUDGEP DY'NO mUNE CORPORATION~ 2865 East Coast Highway, Suite 207, Corona del Wer, Californis 92625 (Agent), for certain real property situated in the City of Anaheim, County oP Orange, State of California, described as: THAT PORTIO~E OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION.I3~ TOWNSHIP 4 SOUTH~ RANGE 11 WEST~ IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALTFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE ?1 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGI~:~JING AT THE INTERSECTION OF THE EAST IINE OF SAID NORTHEAST i~UARTER WITH THE SOUTH LINE OF THE NORTH 191.00 FEET THEREOF; THENCE ~~EST 45.OU FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGIPdNING; THENCE WEST 125.00 FEET ALONG SAID SOUTH LINE TO THE WEST LINE OF THE EAST 170.00 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 125.00 FEET ALONG SAID WEST LINE TO THE SOUTH LINE OF THE NORTH 66.00 FEET OF SAID NORTHEAST QUARTER; THENCE EAST 110.00 FEET ALONG SAID SOUTH LINE; THENCE SOUTHEAST TO A POINT ON THE WEST LINE OF THE EAST 45.00 FEET OF SAID NORTHEAST QUARTER~ DISTANT NORTH 110 FEET ALOP~G SAID WEST LINE FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1I0.00 FEE? TO THE TRUE POINT OF BEGINNING. WFIEREAS, the Anaheim City F'!.anning Commission did hold a pub'lic heering at the City Hall in the City of Anaheim on J'une 7, 1976, at 1:30 p.m., notice of seid public hearing having been duly given as requirod by law end in accordance with the provisians of the P.naheim Municipsl Code, Chaptex~ 18.03, to hear and consider•evidenco for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and Wf~REAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration o£ a11 evidence and r.eports o£fered at said hearing, does find and determine the following faci:s: 1. That the petitioner proposes the following waiver from the Anaheim Municipal Code, to establish an automotivs diagnostic center: SECTION 18.44.020 - Permit~ed primary uses. (Automotive dia6nostic contor not a permitted primary use in the CL 7one) 2. That there are exceptional or extraordinary circumstances or conditions applioable to the property involved or to the intended use of the property that do nat apply generally to the property or class of use in the same vicinity and zone. 3. That the requested variance is necASSary for the preservation and enjoyment of a substantial property righ~t possessed by othsr property in the same vicinii;y and zone, and denied to the property in question. 4. That the requested variance wi11 not be materielly detrimental to the public walfare or injurious to the property or improvements in sucti vicinity and zone in ~vhich the pronarty is loaated. 5• That the petitioner stipulated to removing the underground gasoline tanks. 6. That the petitioner stipulated to closing the easternmost driveway on Lincoln A~renue and the r.orthernmost driveway on Dale Avenue, >aid driveways to be reglgced with standard curb, gutter, sidewalk ancl ]:andscaping. 7. That the petitioner stipulated to removing the existing pump island canopy adjacent to Dale rlvenue and placing landscape planters on the existing islands adjacent to Dele Avenue encl Lincoln Avenue. ~._ RESOLUTION N0. PC76-118 ~ ~ 8. That the Planning Commission does hereby determine that street lighi:ing fees shall be paid by the property owner(s) in lieu of installation, as requasted by the petitioner. 9. That ro one zndicated their presence at said public hearing in opposition; and no correspondenoe was received in opposition to subject petition. r,'TNIRONMENTAL IMPACT REPORT FINDING: That the Anaheim City Planning Commission does hereby recommend to the City Council of the City of Anaheim that the subject project be exempt from the requirement to prepare an environmental impact report, pursuant to the provisions of the California Environmental Quality Act. NOW, TI~REF'ORE, BE IT RESOLVED that the l~xiaheim City Planning Commission does hereby gran~t subject Petition for Variance, upon the follov~ing conditions which'are hereby found to be a necessary 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 Aneheim: 1. That the undorground gasoline tanks shall,be remav6d as approved by the Anaheim City Fire Department, as stipulated to by ~,`.e petitioner. 2. That the ovmer(s) of the subject property sha17 pay to the City of Anaheim the sum of two dollers ($2.00) per front f'oot along Dale and Lincoln Avenues for street lighting purposes. 3. Thst subjeot property shall be developed substantially in accordance wi`h plans and speaifications on £ile with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that the existing pump island canopy adjacant to Dals Avenue shall be removed and landscape planters shall be placed over the existing gasoline islands adjacent to Da1e and Lincoln Avenues; and that the northernmost driveway on Dale Avenue end the e~sternmost driveway on Lincoln Avenue shall be removed and replaced with standerd curb, gutter, side~salk and landscaping, as stipulated to by the petitioner. 4. That Condition No. 2, above-mentioned, shall be complied with prior to the oommencement of the activity authori.zed ~:-~der this resolution, or prior to the time thr.t the building permit is issued, or.within a period of one (1} year from dete hereof, whichever oocurs first, or such further time as the Planning Commission may grant. ' 5• That Condition Nos. 1 and 3, above-mentioned, shall be complied with prior to £ir.al building end zoning inspections. THE FOREGOING RESOLUTION is signed and epproved by me this 7th day of June, 19;6. ~ A C~Ig~N ~'J~(~ CITy PLANNIPIG COL~IISSION ii~:,,,..s li-~ ~/G~iG~~A'-s~~ ' ~ ~ w ~-- SECRETARY, ANi'.HE2~ CITY PLANNING COA~1~dISSI N STATE OF CAISFOiiNIA ) COUNTY OF OFiANGE ) ss. CITY OF ANAIiEIM ) I, Patricia B. Scan:,~ ., Secrei~ary oY the Anaheim City Planning Commission, do hereby cer'.'•if,y that the •ioregoing resolution was passed and adopted et a meeting of the Anaheim Ci~iy Planning Commission held on June 7, 1976, at 1:30 p.m., by the following vote of the members thereof. AYES: CObEMISSIONERS: BARNES, HERBST, JOHNSOnT, I{ING, ~ORI~EY, TOLAR, PARANO NOES: OONIDEISSIdNERS: NONE p,gSENT; COMdIISSIONERS: NONE IN WITNESS WHEREQF, I have kiereunto set my hand this 7th day o£ June, 1976. . ~ ' ,B ~.~.~~ SECRETAR'Y, AI3AI~IM OITI' P~N~ COM~ISSION _2_ RESOLUTION N0. PC76-116