PC 76-229~
RFSQLIITIQN N0. PC7fi-22Q
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A RESOLUTION OF TN[ ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIA~ICE N0. 2875 BE fRANT~D.
WHEREAS, the Anaheim City Planning Cnmmission did r~ceive a verified
Petitlon for Variance from LOUIS F. AND PHYLL-S A. SELL. 37 Monarch Ray, Laguna
t:iguel, Caltfornia 92677 (Owners); TERRY BERZENYE, 1!175 ~~. Harhor Boi~levard, Anaheim,
California 92801 (Agent) of certain real property situated in the City of Anahelm,
County of Orange, State of Californla described as:
The South 90 feet of the tl~rth 362 feet of Lot 13, Miles Rancho, measure~i to the
centers of the streets adJoining, as per map recorded in book 4, page 7 of
Miscellaneous Maps, records of ~range County, Californla, excPpt the West 1R.R
fcet thereof.
WNEREAS, the City Planning Commission did hold a publtc hearing at the City
Hall in the City of Anaheim on November 8, 1976, at 1:30 p.m., notice af said public
hearing having been duly given as requtred by law and in accordance with the
provisions of the Anahelm Municipal Code, Chapter 18.Q3, to hear and consider
evidence for and agalnst said proposed variance and to investigate and make findings
and recommendations in connection therewith; and
WNEREAS, said Commisston, after due inspectlon, investigation and study made
by itself and tn its behalf, and after due consideration of all evidPnce a~d reports
offered at said hearing~ does find and determine the following f~cts:
1. That the petitioner proposes the following riaiver from the Anaheim
Municipat Code, to establish automotive repalr, 1ncluAing engtne overhaul, In the CR
(COMMERCIAL, GENERAL) ZONE:
SECTION 18.45.02Q - Permitted uses. (Au[omotive re~.air incluAing
eng ne over aul not permitted in the C~ 2one.)
2. That the above-mentioned walver Is hereby granted for x neriod of one
(1) year, subJect to review and consideration by the Planning Commission for possible
extensions of time, upon written req~est by the petitioner, on the basts that the
proposed use tncluding customizing of vehicles is more of an art form rather than an
automotive obJective of obtalning top performance.
3. That the petitioner stipulated to )imiting the hours of operation with
open servtce bay doors to between 8:Q0 a.m. and Ci:OQ p.m., and that any work
performed before or after sald hours of operation shall be wtth ali service bay doors
betng closed; and~ furthermore, that no testing or mechanical repair work shalt be
performed before or after said haurs of operatlon.
4. That the Planning Commlsslon does hereby determine that no outdoor
storage~ whatsoever~ shall be permitted on the subJECt property, and thc autanobiles
or bodies thereof which are presently stored or parked outdoors on the premises shall
be removed lmmedtately.
5, That the petitloner stipulated that vehicles popularly referred to as
"rail" or race cars shall not be built on the subJect premises.
6. That there are exceptlonal or extraordinary circumstances or conditions
applicable to the property lnvolved or to the intended use~ as granted, of the
property that do not apply generally te the property or class of use In the same
vicinity and zone.
7. That the requested variance, as granted, is necessary for the
preservation and enJoyment of a substantial Qroperty right possessed hy other
property in the same vlcinity and zone~ and denied to the property in question.
8. That the requested variance~ as granted, will not be materlally
detrimental to the public welfare or In)4rlous to the property or Improvements in
such vtclnity and zone in which the property is located,
9. That one (1) person appeared at sald public heartng In oppositlon; that
a petitlon !n favor of the proposal, containing approximately thirteen (13)
slgnatures. was received; and that a petition in opposttion to the proposal,
contalntng approximately seven (7) signatures, was received,
RESOLUTION N0. PC76-229
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ENVIRONMENTAL INPACT REPORT FINDING: That the Director of cne Planning
Department has determined that the proposed activity falls within the definition of
Section 3.01, Llass 1, of *_he City of Anaheim Guidelines to the Requirements for an
Environmental Impact Report and ls, therefore~ categorically exempt from the
requirement to file an EIR.
NOW, THEREFORE~ BE IT RESQLVED that the Anahelm Cit•y Planning Commlssion
does hereby grant subJect Petition for Variance~ upon the folle~~ing conditions which
are hereby found ;U 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 ehe
City of Anaheim:
1. That the owner(s) of subJect property shall deed to ihe City of Anaheim
a strip of land 45 feet in width from the centerline of the strePt along Harhor
Doulevard for street widening purposes.
2, That the owner(s) of subJect prope~ty shall pay to the City of Anahelm
the sum of two dollars (S2.OQ) per front foot along Harbor Boulevard for street
lighting purposes.
3. 7ha* the owner(s) of suhJect proper*.y shali pay to the City of Anaheim
the sum of six:y ci:nts (60C) per front faot along Harhor Boulevard for tree planting
purposes.
4. That subJect property shall be developed substantially ir~ accordance
with plans and specificattons on file with the City of Anaheim marked Exhibit ko. 1.
5. That Condition Nos, 1 through 4, above-mentloned~ shall be camplled
with wlthin a period of n{nety (90) days from date hereof, or such `urther time as
the Planning Commission may grant.
6. That this variance sfiall he granted for a period of one (1) year,
subject to review and consideration by the Planning Commisslon for posslble time
extensions, upon written request by the petitioner.
7. That the hours of operatlon for the poposed use with open service bay
doors shall be between 8:00 a,m, and 6:00 p.m., and wlth no testing or mechanical
repair work to be performed before or after sald hours of operatlon, as stipulated to
by the petittoner.
8. That no outdoor storage~ whatsoever~ shall be permitted on the subJect
property, and the automobiles or bodles thereof which are presently stored or parked
outdoors on the premises shall be removed immedtately.
9. That the petitloner shall not engage in the building of vehicles
popularly referred to as "rail" or race cars on the subJect property, as stipuiated
to by the petiticner.
THE FOREGOING RESOLUTIQN ls signed
November, 1976.
ATTEST:
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SECRETAR , ANAH• M•CITY LANNING COMMISSION
-2- RESOLUTION N0. PC76-229
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY UF ANAHEIM )
1~ Patricla B. Scanlan. Secretary of the Anaheim Clt:y Planntng Commisslon.
do hereby cei•tify that the foregotny resolutton was passed and adopted at a meeting
of the Anahelm tTty Planning Cammisslon~ held on November 8~ 1976~ at 1:36 p.m.~ by
the following vote of the membe~s thereofs .
AYES: COMMISSIONERS: BARNES, rARANO~ 11ER8ST~ KING~ MDRLEY~ JOHNSON
NOES: CONMISSIONERS: NONE
ABSENT: COMMISSIONERS: TOLAR
1976.
IN WITNE55 WHEREOF~ I have hereunto set my hand thts 8th day of November
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SECRETARY, ANAHEIM C!~ LANNING COMMISSIQN
.3.. . RE50LUTIOFI N0. PC76-229