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PC 78-199RESOLUTION N0. PC7$-199 A RESOLUTIOtJ OF THE ANAHEIH CiTY PLANttING COHNISS10~7 GRANTING AMEI~DHENT OF CONDITION NOS, 1 ANO 8 OF RESOLUTION N0. PC76-229 FOR STREET WIDE~lItJG PURPOSES AND LiMITING OUTDO~R STORA6E IN CONNELT10~1 WITH VARIANCE N0. 2II75. WHEREAS, [he petitioncr has submitted a request for an amendment to the conditions of approvil contained in Planning Commission Resolution No. PC76-22g adopted (n connect. with Varfance No. 2875 on property consisting of approximately 0,7 acres, having a frontage of approxtmately 90 fcet on the west sfde of Harbor Boulevard, having a maximum depth of approximately 330 fcet, being located approximatety 75 feet south of the centerline of Anaheim Boulevard; and WNEREAS, the petitioner requests deletion of [he following conditian contained in the above-referred to resolutlon of the Plannin9 Corr~tssion: Condition No. 1-"That the owner(s) of subJect property shall deed to the City o Anaheim a strip of land 45 feet in width from the centerline of the street along Harbor Boulevard for street widentna ourposes. AtID, WHEREAS, the pecitioner requcsts amendnent of the following condition contained in [he above-mentioned resolutfo~ of the Planning Co.^.xnission to permft outdoor storage of vehicles inside a fenced area: Candition No. 8-"That no outdoor storage, a~hatsoever. shall be permi2ted on t e sub~ect property, and [he au[omobiles or bodies thereof which are presently stored or parked outdoors on the premises shall be removed irmediatcly." WHEREAS, the petitioner also proposes a waiver of Code Section No. lE.ti5.030 to permit outdoor storage of automobiles in the CG (Camercial, General) Zone, That the above-mentioned requcst to detete Condition t~o. 1 fror,i conditions or approvai ts hereby granted o~ the basis thaL the prooerty and structures are owned by different parties and ihat the property owner has no interest in gran[ing the subJect dedication t~ the City of Anaheim for street widening purposes. That the above-men[ioned request to amcnd Condi[ion IJo. 3 regardtng o:tdoor starage is hereby granted on the basis that said condttion is m,dified as follows to a11ow outdoor storage of autom~biles on a lir.itted basis: Condltion No. 8-"That the outdoor storage of vehicles shall be permitted on the subject property, provided that s••ch storage area shall be permttted only within the area fully enclosed by a minimum 6-foat high chainlink fence inierwoven with fiberglass s[rtps." That the above-mentioned watver to permit [he limited outdoor storage of automobiles is hereby granted for a period of onc year subJect to the following stipulations: (a) That the hours of operation shall be 9:00 a.m, to E:00 p.m. PC78-ti99 (b) That mtnimum work shall be done using the hotst outside the buliding betrreen the hours of 9:00 a.m, and 5:00 p,m, (c) Tha[ all outdoor storage shall be tnside the 6-foot high chainlink fence wi[h ff6erglass screening lnterwoven storage area ~t all times, (d) That all repair work shall be done wholly lnside the buildtng other than on the hoist. That the use approved ln conneccton with subject varlance, as amended~ is granted for a one (1) year time period only, followtng whtch time a new variance may be filed. That there are exceptional or extraordinary circumstances or condltions appiicable to [he property involved or to the tntended use of the property that do nat apply generally [o the property or class of use in the same vicinity and zone. That the requested vartance ts necessary for the preservation and enjoyment of a substanttal property righ[ possessed by other property in the same vicinity and zone, and denied to the property (n question. That the reques[ed variance will not be materially detrimental to the public welfare or inJurious to the property or improvements in such vicfnity and zone in which the property is located. That no one indicated [heir presence at sald public heartng tn opposition; and that no corresponde~ce was received tn oppesition to the subject petitlon. ENVIRONMENTAL IMPACT FiN01NG: The Planning Oirector or his authorized represeniative has determined [hat the proposed projec[ falls within the definition of Categorical Exemptions, Class 1, as deftned in Paragraph 2 of the Ci[y of Anaheim Environmental Impact Report Guideltnes and is, cherefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Plannin~ Corrmisslon does hereby grant SubJec*_ Petiitort for Varlance, upon tiie folfowing condltlons which are hereby found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the safety and generai welfare of the Ci[izens of the Clty of Anaheim: 1. That the owner(s) of subjecc praperty shall pay Lo the City of A~~aheim the sum of three and one-half doilars (53.50) per front foot along Harbor Boulevard for street lighting purposes. 2. That ctie owner(s) of subJect property shall pay to the City of Anaheim the sum of ntnety-five cents (95L) per front foot along Narbor Boulevard for tree planttng purposes. 3. That subJect property shall be developed substantlally tn accordance with plans and speciflcations on fite with the Clty of Anaheim marked Revlsion No. i of Exhiblt No, 1, 4. That Condition Nos. 1[hrough 3, above mentioned~ shall be complied with wlthl~ a perlod of nlnety (90) days fran dace hereof, or such further tTme as the Planning Commtssion may grant. -2- PC78-199 i ' 5. That this varlance shall be granted for a period of one (1) year only,following which time a new varlance may be filed, 6. That the hours of operatio~ for the proposed use wtth open service bay doors shail be between 8:00 a.m, and 6;00 p.m., and with na testTng or mechanical repair work to be performed before r,r after said hours of operatlon~ as stipulated to by the petitloner, and that minimu,n work shall be done using thc holst outside the bullding between the hours of 9:00 a.m, and 5:00 p.m. 7. That the petitioner shall not engage in the bullding of vehicles popularly referred to as "ratl" ar race cars on the subJect p~operty. as sttpulated to by the petitioner. 8. That ail outdoor storage shall be Inside the 6-foot htgh chainlink fence interwoven with fibergiass screening at ail times. 9. Tha[ a11 repair work shall be conducced wholly inside the building except for thc work done on the hoist. BE IT FURTNEA RESOLVED that the Anaheim Ltty Pianning Lommission does hereby find and determtne that adoption of this Resolution ts expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared tnvalid or unenforceable by the ftnal judgment of any couri of competent jurisdiction, [hen this Resolutfon, and any approvals herein conta(ned, shall be decmed null and void. THE FOREGOItJG RESOLUTIOt~ is signed and approved by me this 28th day of August 1978. HAN, A~ HE H CI LAI~INI~~G COH`iISSION ATTEST: ~~~ ~ ~~ SECRETAR , ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY Of ORANGE ) ss. C~TY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim Ci[y Planni~g Commiss(on. do hereby certify [hat tlie foregoing resolution was passed and adopted at a meeting of the Anaheim Clty Planntng Commission held ~n August 28~ 1978, at 1:30 p.m., by the following vote of the members thereof: AYES: COHMISSIONERS: BARNES, OAVID~ HERBST, JOHNSON~ KING, TOLAR NOES: COMM~SSIONERS: NO~IE ABSENT: COMMISSIONERS: LINN iN 4IITNESS WHEREOF, I have hereunto set my hand this 28th day of August 1978. Le~1~ ~,g~t~.c. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- Pt78-199