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PC 76-261~ ~ RESOLUTIQN N0, PC76-2G1 RESOLUTIOM OF THE ANAHEIH CITY PLAMMIPJG C~MNiS510N TfIA7 PETITION FOR VARIANCE N0. 2£i$3 BE RRII~ITED. WHEREAS, the Anaheim City Planning Commission did receive a vwrifir_d Petition for Variance from [3ROOKHURST SfIOPPINf, CENTER, 2293 ~1. Ball Road, Anaheim, Californ~a 9280~i (Owner); H. RALPI~ LOVETT, 22~3 W. Ball Road, Anaheim, California 92804 (~gent) of certain real property situated in the City of Analieim, County of Orange, State of Callfornia described as: The south 25 acres of the southeast quarter of the southeast quarter of Sectfon lB in To~anship ~t South, Range 10 West, San Bernardino Hase and Heridian, ln the Ranchc Los Coyotes, County of Orange, State of California, as shown on a map thereof r~r,orded in Book 51, paqe 10, Miscellan~ous Ma~s, RecoreJs of said Orange County; EXCEPT TNERF.FRON the southerly 200 feet of the easterly 20~ feet of said 25 acres. lJffEREAS, the City Planning Comm(ssion did hold a public hearing at the City Hall in the City of Anaheim on December 20, 1976, at 1:30 p.m., notice of said puhlic hearing having been duly given as required by ia~a and in accorciance ~oith the provisions of the Anaheim Munici~~al Lode, Chapter 1II.03, t~ hear and consider evidence for and against said proposed variance and to investigate and make findinrys and recommendations in connection therewith; and WfIEREAS, said Commission, after due inspection, investigation and study made by ttself and in its behalf, and after due consideration of all evidence and reports affered at said hearing, does find and determine tha following facts: 1. That the petitioner requests tlie following ~aaiver from the llnaheir~ Municipal Code. for an existing shopping center: S'cCTION 18.44,0(ib.050 - Minimum number of arking spaces. 1,093 spaces required; 42q spaces proposed) 2. That the above-mentioned waiver ts hereby granted on the basis that unique circumstances exist, since the shopping center at this location has heen in existence for approximately ttaenty (20) years and the prnposal for a 15$ reduction of the parking space requirements for the commercial uses is based on the potenttal maximum usage of the commercial buildings; and, furthermore, the petitioner stipuiated that any addltional construction and/or development in tiie shoppinn center will be in compliance with the parking space requirements as set forth in the Code. 3. That the Plarning Commission does hereby rr_cor.imend to the City Courtcil of the City of Anahelm that the deed restriction requirements, as set forth in Che conditions of approval of Reclassification No. 54-55-4~ on the subJect property, be deleted, 4. That there are exceptional or e:ctraordinary circumstances or conditions appl%cable to the property involved or to the tntended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 5. That the reque~ted variance is necessary for the preservation and enjoym~nt of a substantial property right possessed by other ~roperty in the same vicinfty and zone, and denied to the property in question. 6. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or imnrovements in such vicinity and zone in which the property is located. 7. That no nne indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT REPORT FINDIhR; That the Director of the Planning Department has determined that the proposed activity falls ~althin the 6c,finition of Section 3.01, Class 11, o` the City of Anaheim Guide~ines to the Requireme~ts for an Environmental Impact Report and is, therefore, categorically exempt from the requirema;,t to file an EIR. RESOLUTION t±0. PC76-7.61 ~ ~ NOW, THEREFOkE, BE IT RESOLVF.D that the Anaheim City Planning Commisslon does hereby grant subject Petition for Variance. upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use c~f the subject property in order t~ preserve the safety and general welfare of the Citl'zen~; of the City of Anaheim: 1. That this variance is granted subjec+: to the completion of Reclassification No. 54-55-40; provided~ however, that the property owner(s) shall apply for deletion of tlie condition of approval of said reclassification pertaining to deed restrictions. 2. In the event that subJect property is to be divided for the purpose of sale, lease or financtng, a parcel map, to record the approved division of subJect property, shall be submitted to and approved by the City of Anahelm and then he recorded in the Office of the Orange County Recnrder. 3. That subject property shall he developed suhstantlally in accordance with plans and specifications on file with the City of Anaheim marked Exhihit Ne. 1. h. That Candi*.ton No. 1, ahove-mentioned, shall be ~~mplied arith prior to the commencement of the activity authorized under this resolution, or prior to the ti~;~ that the building permit is issued, or v~ithin a period of one year from date hereof, w.ntchever occurs first, or such Turther time as the Pianninq Commission and/or Gity Counctl may gra~t. 5. That Condition No. 3, above-mentioned, shall be complied with prior to final buiiding and zoning inspectlons. THE FOREGOIPIC, RESOLUTION is signed and appro~~ b~ me tht ~ 20th day of Decembcr, 1976. ~~ j ~ ATTEST: ~~~~~~~.~ SECRETARY, ANAHEIM C~7Y PLAtJNING COHMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE )ss. CITY OF ANAHEIM ) I, Patrtcia B. Sca~l"n, Secretary of the Anaheim City Planning Commissian, do hereby certify that the forec;ving resolutior, was passed and adopted at a meeting of the Anaheim City Planning Commission, held on December 20, 197fi, at 1:3~ P.m.~ by the following vote of the members ~hereof: AYES: CONMISSIONERS: BARNES, HERBST~ KIIJG, MORLEY, T~LAR, JOkPISON tJ0E5: COHMISSIONERS: FARANO ABSENT: COMMISSIONERS: NONE 1476, IN WI7NE55 WHEREOF, I have hereunto set my hand this 2bth dayc~f December ~u,~J~t~~a.,~•.~~-,.~~ SECRETARY. ANAHEIM CI'dY PLANNlNG COMMISSION ,.Z_ RESOLti I I ON N0. PC76-261