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PC 76-257~ . . ~ RESOLUTIOt~ H0. PC76-257 A RESOLIITIQN OF 7HE ANAHEIM CITY PLANNING COMMISSION TNAT PETITIQN FCR VARIANCE ~10. 7.II79 BE GRANTED, IN PA(iT. WHEK°AS, tne Anahelm City Planning Comnisslon did receive, a verified Petition for Variance from TITIE iNStIRA'~CE AND TRUST COMPANY, 80n N, Main Street, 5anta l1na, Callfornia 92702 (Qwner); CUNROY'S GROUP It, iQ52lF W. Pico Boulevard, Los Angeles, California 90064 (Agent) of certafn real property situated in the City of Anaheim, County of Orange, State of Callfornia described as: TfiE SOUTfI i60.Q0 FEET OF THE WEST 1±5.00 FEET OF LOT 5 IN BLOCK 17 OF SIIRDI'VISIOtJ OF THE SOUTH HALF OF SECTIQ~I 21, TOII~JSIiIP h Sf1UTH, RAN~E 10 WEST, OF TNE SAt! BERtlARDINO MERIDIAN, It~ TNE CIT1' OF ANAHEIM, CQUr~TY OF ORANr,E, STATE OF CALIFORtlIA,•AS PER MAP RECQRDED IM EOOY. 1 PAGE 33 OF MISCELLANEOUS RECQRD MAPS, IN THE OFFICE OF THE COUtlTY RECORDER OF SAID COUNTY. WHEREAS; the City Planning Commission did hold a publlc he~ring at cne City Ffall in the City of Anaheim on December `i, 197E, at 1:3Q P•m „ notice of said pubiic hearing having been duly given as required by law and in accordance with the provislons of the Anaheim Municipal CorJe, Chapter 18,03, to hear and cons(der evidence for and against sald propos~d varlance and to investigate and make findings and recommendatlons in conner,tlon therewit.h; and WHEREAS, sald Commission, after due inspectton, tnvestigation and study made by itseii' and in its behalf, and after due consideration of all evidr.nce ard reports offcred at said hearing, does find and determine the following facts: 1. That the petition~r proposes thie followJng ~aalvers from the Anaheim Municipal Code, to construct a flower shor~: a. SECTION tII.04.Q43.Q40 - Permitted encroachments into_ requlred yards. . 30 inch eave~ro_jection permitted; 10- oot encroachment proposed b. SECTION 1A.44.025.~Z~ - Re<~uire~ment that all uses be conducted whnl'ly within a hvildin . Outdoor flower di,play proposed c. SECTION 18.~4.063•pi~ '+4lnimum structural setbaek and yard require- ments. 1Q-foot setbacl: wfth 3 f~eet of land- scaping required; 0 oot setback with no iandscaping proposed' ' 2. That Waiver 1-a, above-mentloni:d, ls hereby denled on the basis that no hardship was demonstr~~ted by the petiCloner anti the peCftloner stipulated to compliance with said Code requirement. 3, Tliat Walver 1-b, above-mentioned, ls hereby ~7ranted subJect to tlie stipulation of tne petitioner that there will be no autdoor display of inerchandise under the building canoples beyond the walfs~ or proJected wal} linesas deltneated by imaginary straight Ilnes connecting the fnur corner posts of the structure. 4, That Waiver i-c, above-mentloned, fs hereby denl'ed on the basis that the peCitioner did not demonstrate that a hardship rrould be created if sald waiver was not granted. 5, That the petitioner sttpulatcd that the proposed driveways an Katella Avenue and Euclid StrQet will be located a minimum of 11~ feet ~rom the ultimate curb prolongaCion from the intersectlon ancl, furL•hermore, that a 3S-foot curh return will be provided at the intersection. 6, That there are exceptional or extranrdinary circumstances or conditions applicable to the propert:y involved or to the intended use, as c~ranted, o` the property that do not apply generally to the property or class of use in the same vicinity and zone. ~ 7, . That the requested viriance, as granted, is necessary for the presee-vation ~nd en;oyment of a suhstant~al proper•ty right possessed hy othcr Nroperty in'the same vicinity arsd zone. and drnled ta the property in question. RESOLUTIOW N0. PC76-257 ~ . . ~ S. That the requested varlance, as granted~ will n~t be materlally detrimental to the pubiic welfare or in,jurious to the property or Improvements in such vicinity and zone in which the property is located. 9, That no one indicated their presence at sa(d puhlic heariaig in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMEPITAL IMPACT REPORT FII~DING: That the Anaheim Ctty Planning Commission does hereby recommend to the City Council of the Clty of Anaheim that a negaCive declaration from the requirement to prepare an ei~vironmental impact report be ap.proved for the subJect proJect, pursuant to the provis(ons of the California Environmental Quality Act. NOIJ, 7HEREFORE, BE IT RESQLVED that the Anaheim City Planning Commission doe~ hereby grant, in part, subJect Petition for 4arlance, upon the following conditions whfch are hereby found to be a necessary.prerequisite to the proposed use of the subJect property ln order tc preserve the safety and general welfare of the Cit'.zens of the City of Anaheim: 1, That the owner(s) of subJect property shall deed to the City of Anaheim a strip of land 60 feet in wldth from the centerline of the street along Katella Avenue and 53 feet in width from the centerllne of the street along Euclid Street for street widening purposes. 2. That street lighting factliti~s along Katella Avenue and Euclid Street shall be installed as requlred by the Director of Public Utilities, and in accordance with standard specifications o~ file in the Office of the Director of~ Publtc Utilittes; or that a bond, certificate of deposit, ir.tter of credit, or cash, in an amount and form satisfactory to the City of Anaheim shall he posted with the City to guarantee the installation of the above-mencioned requiremencs, 3, That the owner(s) of subJect property shall pay to the City of Anaheim the sum of sfxty cents (60C) per front foot along KaY.slla Avenue and Euclid Street for tree planting purposes. 4. That sidewalks shall he installed along Katella ~venue and Euclid Street as required by the City Englneer and In accordance with standard plans and speci'fications on file in the Office of the City'Fngtneer. 5,. That a 35-foot curb return shatl be constructed adJacent to the sub.ject property at the Intersection of Euclid Street and Katella Avenue. 6. That trash storage areas shall be provided in accordance with approved plans on.file oilth the Office of the Director of Public Works. 7, That ftre hydranes shall be installed and charged as requir~d and determined to be necessary by the Chlef of the Fire Department priar to commenceinent of structural framing. 8, That subJect property shall be served by underground utilit!es. 9, Thet all driveways on Katella Avenue and Euclid Street shall be a minimum of 11Q feet from the curb rrolongatlon of the intersectiny street. 10. That subJect property shall be developed in accordance with all site development standards of the CL Zone. 11, That Condttion Nos. 1, 2, and 3, above-me~ttoned, shall be compiled with prior to the commenceme~t of the activity authorfze~ under this resolution, or prlor to the time that the buildtng permit is (ssued, or within a perlod of one year from date hereof, whichever occurs first, or such further time as the Planning Commisslon or Clty Council may grant. 12, Tha! ~onditlon Mos. ~4, 5, E, 8, 9~•and l0, aho~~e-mentioned, 5hall be complied with prior to final bullding and zoning inspecCions. 13, That there shall he no outdoor dlspl~y of inerchandise under the bullding canoples beyond the walls or proJected wall ltnes as delfneated by imaginary strai9ht lines connecting the four corner posts of the structure, as stipulated to by ~:he petitioner. , ~ _2_ RF.SOLUTI~N NQ. PL76-7.57 . .. . ~ , . ~ THE Ft;nEG01NG RESOLUTION is signed and approved ~me this Fth day of. December, 1976. , ~~ . CHAIRMAN ANAHEIM ITY PLANNING COMMISSION ATTEST: ~ A%~ 3~~ (~~~t/ ECRETARY~ AN HEIF1 CITY PLANNINr, COMMISSIOPI STATE OF CALIFORNIA ) COUt~?Y OF ORANGE )ss. CITY OF ANAHEIM ) I, PatricYa B. Scanlan, Secretary of the Anahelm City Planning Commissfon, do hereby certify that the forc9oing resoluti~n was passed and adopted at a meeting of the Anaheim Gity Planning Commission, held on December 6, 1976, at 1:30 p.m „ ftiy the following vote of the members thcreof: , AYES: C011M15510NER5: BARNES, FARANO, 4ERBST, KING, MQRLEY, TOLAR, JOfiNSON NOES: GOMMISSIONERS: NO~~E ADSENT: COM111551QNERS: NONE i976. IN WITtJESS WHEREOF, 1 have hereunto set my hand this 6th day or December ~~~~ ,~ ~-~~~; SECRETARY, ANAHE IM C I TY PLA~~PI I Nf, COMM I SS I ON -j- RESOLUTION N0, PC76-257