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PC 81-261WHEREAS, Petition for Vari Westminster, Cal Westminister, Cal City of Anaheim, PARCEL 1: Lot 16 of Tract No. 2534, in the City of Anaheim, County of Orange, State of California, as per Map recorded in Book 115 Pages 15 and 16 of Miscellaneous Maps, in the Office of the County Recorder of said County. Except the North 130.00 feet thereof. Also except that portion thereof lying South of a line that is parallel with and 200.00 feet northerly measured at right angles from the center line of Ball Road as said center line is shown on said Map. PARCEL 2: The South 200.00 feet of the West 200.00 feet, as measured from the centerlines of adjoining streets, of Lot 16 of Tract No. 2534, in the City of Anaheim, County of Orange, State of California, as per Map recorded in Book 115 Pages 15 and 16 of Miscellaneous Maps, in the Office of the County Recorder of said County. PARCEL 3: RESOLUTION NO. PC 81 -261 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION TIIAT PETITION FOR VARIANCE NO. 3247 BE GRANTED the Anaheim City Planning Commission did receive a verified ante from DOYLE AND SHIELD REALTY COMPANY, P.O. BOX 130, ifornia 92683, owners, and FRANK 11. DOYLE, P.O. BOX 130, ifornia 92633, agent, of certain real property situated in the County of Orange, State of California described as: The South 200.00 feet, as measured from the centerline of the street adjoining on the South, of Lot 16 of Tract No. 2534, in the City of Anaheim, County of Orange, State of California, as per Map recorded in Book 115 Page 15 and 16 of Miscellaneous Maps, in the Office of the County Recorder of said County. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on December 14, 1981, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: PC81 -261 1. That the petitioner proposes a waiver of the following to expand an existing shopping center. SECTION 18-.06.060.022 - Minimum number of parking spaces. (233 spaces required: 215 spaces proposed) 2. That the above- mentioned waiver is hereby granted on the basis that the waiver is minimal, amounting to less than 8 %. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that • do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That one person indicated his presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to expand an existing shopping center with waiver of the minimum number of parking spaces on a rectangularly - shaped parcel of land consisting of approximately 2.98 acres located at the northeast corner of Ball Road and Euclid Street and having approximate frontages of 265 feet on the north side of Ball Road and 490 feet on the east side of Euclid Street; and does hereby approve the Negative Declaration from the requirement to prepare an environmental impact report on the basis that there would be no significant individual or cumulative adverse environmental impact due to the approval of this Negative Declaration since the Anaheim General Plan designates the subject property for general commercial land uses commensurate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings is on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to 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 the City of Anaheim: 1. That trash storage areas shall be provided in accordance with approved plans on file with the Office of the Executive Director of Public Works. 2. That a median island shall be constructed in Ball Road to preclude any left turns into or from subject property as approved by the City Traffic Engineer. -2- PC31 -261 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is 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 invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is signed and approved by me this 14th day of December, 1981. ATTEST: 1981. 3. That the underground gasoline storage tanks on the service station site shall be removed or filled with sand as recommended by the Chief of the Fire Department, prior to any construction taking place on that site. 4. That the owner(s) of subject property shall submit a letter requesting termination of Variance No. 745 (establishing the service station) to the Planning Department. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 6. That Condition No. 4, above- mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or with in a period of one year from date hereof, whichever occurs first, or such further timne as the Planning Commission may grant. 7. That Condition Nos. 1, 2, 3, and 5, above - mentioned, shall be complied with prior to final building and zoning inspections. attct SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 14, 1981, by the following vote of the members thereof: AYES: COMMISSIONERS: BARNES, BOUAS, BUSHORE, FRY, IIERBST, KING, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, • gitA SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC81 -261