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PC 76-120~ ;~., „ ~ ~ RF.SOLUTIQN N0. PC76-120 A RESOLUTION OF THE ANAHEIM CI7Y PLANNIN6 COMMISSION THAT PETITION FOR VARIANCE N0. 2816 F.E GRANTED, IN PART. WHEFEAS~ the Anaheim City Plarning Commissfon did receive a verifierl petitlon for Variance fran JOHN W. VUKSANOVICH, et al, '1743 41. Lincoln Avenue, Anaheim, California 92801 (~wners); KENNETH KALLMAN/LYNN T110MSEN, 710 DI, Euclid Str~et, R222, bnaheim, California 92$01 (Agents) af certain real property situated in the City of Anaheim, County af Qrange, State of California described as: LOTS 4 AND 5 Of fRACT N0, 658, IN THE LITY OF ANAIIEIM, C~9.1NTY OF QRAfJf;E, 5TATE ~F CALIFORNIA, AS PER MAP RECORDFD IN BOOK 20 PAGE 3~~ ~F MISCEI.LANE011S MAPS, IN TF~F. OFFICE OF THE COUNTY RECORDER f1F SAID COUNTY. EXCEPT THAT PORTION THEREOF AS GRANTED TQ THE STATE OF CALIFQRNIA RY DEE~ RECORDED JULY 11~ 1955 IN BOOK 3133 PAGE 1~, OFFIClAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on :une 21~ 1976, at 1:3n p.m., notice of said public hearing having been duly gfven as requlred by law and in accordance with ehe provisions of the Anaheim Municipal Code, Chapter t~i.~3, to hear and c~nstder evidence for and against said proposed variance and to investigate.and make fi~dings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investiqation and study made by itself and in its behalf, and after due consideration of all evide~ce and reports offered at said hearing, does find and determine the following facts: t, That the petitioner proposes the following waivers from the Anaheim Municipal Code, to permit the manufacturing of clothing in th~s CL ~(Ct~MMF.Rf,IAL, LIMITED) ZONE: a. SECTION 18.41i.Q20 - Permitted uses. (manufacturing uses not permitted in the CL 7.one) b. SECTIQN 18.44.Q62.Q11 - Maximum building height. (~ feet perm~tted abutting a singlE~amily residential zone; 2Q feet proposed) c. SECTION 1$.44.n63.~4~ - Minimum structural setback. (10 feet adJacent to a residential zone requlred; 0 feet proposed) d. SECTION 18.44.06$ - Req_uired stte screening. (6-For,t masonry wall required adJacent to a resldential zone; none proposed) 2. That Watver 1-a, above-mentioned, ls hereby granted on the basis that nearby properties are zoned industrlally; that there are industrial uses established In the area; and that, therefore, the proposed use will not be detrimental to the area. 3, That 4lalvers 1-b and S-c~ above-menttoned, are hereby granted on the basis that, although the adJacent zoning to the east and west is currently residenttal (RS-A-43,OOQ)~ the propertles are partlally developed with commercial or industrlal uses and are designated for commercial and industrial uses by the Anaheim General Plan. 4, That Walver 1-d, above-mentioned, is hereby granted, in part, on the basis that the petitioner stipulated to constructing a masonry wall along the east and west property llnes, said wall to be a minimum of 42 inches in height, at the discretiun of the petOtioner. 5, That there are exceptlonaY or extraardinary clrcumstances or co~dittons applicable to the property Involved or to the intended use, as granted, of the property that do not apply generally to the property or class of usa in the same vicinity and zone, RESOLUTION NQ. PC7fi-9~0 ~ , .~ ~~ ~ !, ~ ~ 6. That the requested variance, as grante~l, is necessary fnr the preservation and enJoyment of a subctantial property right possessed by nther property in the same vtcinity and zone. and denied to the ~roperty in questinn, 7. That the requesteci variance, as granted, will nnt be materiaily detrtmental to the public welfare or inJurious to the property or improvements i~ such vicinity and zone in whict~ the property is lacated, 8. That no one indicated their presence at said public he~rinq in opposition; a~d no core~espondence was received in opoostton to suhJect petition. ENUIRONMENTAL IHPACT REPORT FINDINf,: That the Anaheim City Planning Commisston does hPrehy recommend to the City Council of the City of Anaheim that the .subJect pro,)ect he exempt from the requirement to prepare an environmental impact report. pursu~nt to thA nrovisions of the CaliPornia Environmental Qualtty Act. NOW, THEREFORE, BE IT RES~LVED that the Maheim City Planning Cor~mission does hereby grant, in part, subJect Petition for Variance, uoon the following condltions which arE hereby found ta be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and general a,elfare of the Citizens of the City of Anaheim: 1. That this Variance is granted subJect to the complAtion of Reclassificatlon PJo. 75-7b-4t, now pending, 2. That subjecY property shall be developed substantially in accord.nce witfi plans and specifications on file kith the City of Anaheim marked Exhihit Nos. 1 through 3; provided~ hnwever~ that a masonry wal? shall be constructed along the east and west property tines adjacent to the RS-A-43,~n0 Zoning; satd wall to b= a minimum of 42 inches in h~ight, as stipulated tn by the petitioner. 3. That Condition No. 2, above-mentioned, shall be complled with prior to the commencement of the activity authorized under this res~lution, or prior t~ the time that the building permit is issued, or within a pertod of one year from date hsreof, whichever occurs first, or such further time as the Planning Commission and/or City Council may grant. 4, That Condition No, 2~ above-mertioned, sl~all be complled ~oith rrior to f(nal butlding and zont~g inspectians. • THE FOREr,01NR RESOLIITION is signed and approved 6y me tiiis 7.ist ~iay ~f June, 1976. !~l~s`{~ GGe~.~'~ CHA I R~fA~I, A4lAHE I t C 1 f Y PLA~JtI I t! , C 1'1'1 i S'3 i t ATTEST: ~~-tc~t/N. ~~~27c.~.sC~ SECRETARY, ANAHEIM CITY PLANNING COMt115510N STATE OF CALIFORNIA ) COUNTY OF ORANGF )ss, CITY QF ANAHEIM ) I, Patricia B. Scanlan, Se~retary uf the City Planning Cnmmisslon of the City of An~heim, do hereby certtfy that the foregoing resolution ~•~as passed and adopted at a meeting of the City Planning Commission of the Lity n~ /lnaheim, held on June 21, 1976, at i:30 p.m., by the following vote of the menbers th~reof: AYES: COHHISSIONERS: BARNES~ NERBST, KIM6, ~10RLEY, TOLAR, FARAWQ NOES: COM!115510NERS: NONE ABSENT: LOt1t11SSI0NEP,5: JOiiNSON IN WITNESS WHEREOF~ I have hereunto set my hand tht3 21st day of June, iQ7S. ~~~~~~~~ ECRETARY, ANAHEiv; CITY PLA'~~JINr, ~q~~~1 ~~ir~ -2- RESOLUTIOr! lJO, PC7F-i'.n