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PC 83-109RESOLUTION N0. PC83-109 A RESOLUTION OF THE ANAHEIM CITY PLAN~ING COMMISSION THAT PETITION FOR V."RIANCE P70. 3339 BE GRANTED WHEREAS, the Anaheim Citj Flanning Commission did ~eceive a verified Petition for Variance from CITY OF ANAHEI~1, 200 South Anaheim Boulevard, Anaheim, California 92805, owner, and HUGO A. VAZQUE2, 619 South Live Oak Dcive, Anaheim, California 92805, agent of certain real property situated in the City of Anaheim, County of Orange, State of California descri~ed as: LOT ONE IN BLOCK ONE OF i'RACT N0. 135, ELLIOTT-ANDERSON SUB., AS SHOWN ON A MAP R~CORDED IN d00K 11, PAGE 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFOP.NIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 1, 1983, at 1:30 p.m., netice of said public heacing havinq been duly given as required by law and in accordance with the provisions ~f the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findir5s and recomm~ndations in connection therewith; and WHEREAS, said Commis;ion, atter due in~pection, inve~tigation and study ;nade by itself an~' in its oehalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitiuner pr~poses waivers of the following to establish a retail/office complex: SECTIONS 18.06.OSU.p212 - Minimum number of parking spaCes. 18.05.050.0??, ~25 s~ar~s r^qa:_e~: '0 ~~3c peeYo~eu? AND 18.45.066.050 2. That the above-mentioned waivers ~re hereby granted on the basis that the petitionez submitted a Parking Demand Study demonstcating that a hardship exists in that tt,e stcucture is existing and was constructed many yeacs ago under old ordinances and on the ~asis that the owner of the property will record a covenant providing that any use of the property for other than a ceal estate office and bcidal shop, as proposed, shall be permitted on the premises on?y upon compliance with the parking requirements of the Anaheim Municipal Code or upon the approval of a zoning variance. 3. That a total of 10 parking ~paces will be provided. 4. That the variance will not cause an increase in traffic conqestion in the immediate vicinity no[ adversely affect any adjoinin9 land uses. 5. Th~t the granting ot Ghe variance und~r the cunditions impo~ed, if any, will not be detrimental to the peace, health, safety or general welface of the citizens of the City of Anaheim. 6. That two persons indicated their presence at said public hearing in opposition; and that no cor:espondence was received in opuosition to subject petition. #0657I PC83-109 ECJViRONMENTAL INPACT FI:7DING: That the Anaheim City Planning Commis~ion has reviewe~ the propo~al to r_s:ablish a retail/oftice complex with waiver of minimum number of parking spaces on a rectangularly-shaped parcel of land consisting of approximately 0.2 acce 'ocated at the ~outheast corner of Wilhelmina Stceet anc Anaheim 8oulevard and further described as 630 North Ananeim Boulevard; and doe~ hereby appcove the .7egative Declacation fron the cequirement to pcepare an environmental impact [epo~c on the basis that the:e would be no ~ignificant 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 commensucate uirh the proposal; that that Initial Study submitted by the petitioner indicates no ~ignificant individual or cumulative adverse em ironmental impacts; and that the Neqative Declaration substantiating the foregoing findings is on file in the City of Anah?im Planning Department. NOW, THEREPORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby yrant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proYosed use of tt,e subject proper[y in ocder to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That subject oroperty shall be developed substantially in accordance with plans and specifications on Eile with the City of Anaheim marked Exhibit tvos. 1 througn d, provided, hoaever, that a total of ten (10) on-site parking spaces shall be provided (including two (2) adjacent to the rear alley). 2. That prior to [inal building and zoning ins~ections, Condition No. 1, above-mentioned, shall be compiied With. 3. That the use of the premises under this variance shall be limited 'co a real estate ofFice and a bridal shop developed as set forth in ('nnfjjhjpf7 Nn, 1 ~h~!~a, 4. That prior to commencement oE the activity herein approved or prior to final building and zoning in~pection, whichevec occucs first, the owner ~f the property shall record ~ covenant limiting use of tne premises to a real estate office and a bridal shop. Any othec retail or office uses shail be permitted on the premises only upon full compliance with the parking requirement for such use oc uses as set forth in the Anaheim Municipal Code or upon the approval of a zoning variance therefoc. Said covenant shall be reviewed and approved '~y the City Attorney prior to recordation and a copy thereof shall be furnished to the Planning Departrt:ent after recordation. BE ?T FURTHER RESOLVED that the Anaheim City Planning Commission does heceby find and determine that adoption of this Resoluti n is expressly predicated upon applicant'~ complianc~ with each and all of the conditions heretnabove ~et forth. Should any such condition, ur any part thereof, be declared invalid or unenLorceable by the final judginent of any court of conpetent jurisdiction, thcn this Resolution, and any approv~ls herein contained, shall be deemed null and void. -2- PC83-109 ~ ~ ; ~~ ; THE FOREGOING RESOLUTION is siqned and approved by me this lst day of June, 1983. /! ~. i: /1~~~'~~/ '""~~~~ C AI AN~ AtAHEIM CIT~~'9~'AN~ING COMMISSION ~ / ATTEST: ~ ,~ ~1 ~ .- r~-„~., SECRETARS, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 June 1, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS~ BUSHORE, FRY, KING, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: HERBST IN WITNESS WHEREOF, I have hereunto set my hand this lst day of June, 1983. . ~ ° ~ , ~.,~ / ~i~ l~,(~iC/ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- I PC83-109 I _ . . ...... .. _,.~~„„~;