Resolution-PC 2000-10• ~ i
RESOLUTION NO. PC2000-10
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FQ~R VARIANCE NO. 4384 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
PARCEL A: PARCELS 1 AND i3, IN THE CITY OF ANAHEIM, AS SHOWN ON
A MAP FILED IN BOOK 56, PaGE 25 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER O~ SAID COUNTY.
PARCEL B: ALL OF PARCEL 1, IN THE CITY OF ANAHEIM, AS SHOWN ON A
MAP FILED IN BOOK 11, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER O~ SAID COUNTY. EXCEPT THEREFROM THAT
PORTION OF SAID LAND LYING WITHIN PARCEL 1, 2 AND 3 OF THIS
CERTAIN PARCEL MAP FILED IN BOOK 56, PAGE 25 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 31, 2000, 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 that the hearing was continued from the
Commission meetings of December 20, 1999 and January 19, 2000; and
WHEREAS, said Commissilon, 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:
1. That the petitioner proposes wraivers of the following to establish a previously-approved 10-
parcel industrial subdivision (Tentative Parc~l Map No. 88-286):
(a)
(b)
Section 18.61.063.013
Minimum structural setback abutting a local street.
(5 feet required; 3 feet from Babbitt Avenue proposed for
an entrance canopy)
Sections 18.06.050.020.022.0226 -
18.06.050.030.031
18.06.080
and 18.61.066.050
Minimum number of parking spaces.
(359 spaces required; 331 spaces proposed)
2. That the underlying propert~r is developed with 10 industrial buildings; that Tentative
Parcel Map No. 88-286 (to establish a 10-parcel subdivision, each containing an existing industrial
building) was approved by the Planning Commission on October 27, 1997 in conjunction with Variance
No. 4318 permitting waivers of minimum str~uctural setback abutting a local street and minimum number of
parking spaces for the existing industrial buildings; that said Variance No. 4318 expired on October 27,
1998 and subject variance (which is similar~to expired Variance No. 4318) was filed because the
petitioner wishes to record a final parcel ma,p and approval of a final parcel map is contingent upon
approval of the waivers.
3. That waiver (a), minimum structural setback abutting a local street, is hereby approved
on the basis that strict application of the Zo~hing Code deprives the property of privileges enjoyed by other
properties under identical zoning classification in the vicinity; and that strict application of the Code would
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deny the property the ability to improve the exterior farade of an existing building with an architectural
embellishment which does not add floor area to the building.
4. That waiver (b), minimum number of parking spaces, is hereby approved based on the
information discussed in paragraphs (22) and (23) of the Staff Report to the Planning Commission dated
January 31, 2000, and as substantiated in the parking study submitted by the petitioner, which has been
reviewed and approved by the City Traffic and Transportation Manager and which determined that an
adequate parking supply is available for the existing project.
5. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the existing uses than the number of such spaces necessary to
accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable
conditions of operation of such uses; and that these industrial buildings complied with the applicable
parking space requirements when they were originally constructed.
6. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the use.
7. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjace'nt private property in the immediate vicinity of the use (which
property is not expressly provided as parkin~g for such use under an agreement in compliance with
Section 18.06.010.020 of the Zoning Code);
8. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the use.
9. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the use.
10. 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.
11. 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.
12. 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
because this proposal is for the subdivision of land and will not expand the existing industrial buildings.
13. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the projposal for waivers of minimum structural setback abutting a
local street and minimum number of parking spaces to establish a 10-parcel industrial subdivision
(previously approved) on a 11.6-acre, irregularly-shaped property located on both sides of Babbitt Avenue
at the northwest and southwest corners of ~abbitt Avenue and State College Boulevard, and further
described as 1500, 1550, 1551, 1600, 1601, 1650, 1700, 1701 East Babbitt Avenue and 1531 and 1551
South State College Boulevard; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgement of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
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NOW, THEREFORE, BE Il' 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 any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased, and/or dead.
2. That the proposal shall comply with all signing requirements of the ML "Limited Industrial" Zone and
the (SE) "Sports Entertainment Overlay" Zone, unless a variance allowing sign waiver(s) is
approved by the Planning Commission.
3. That plans for a comprehensive sign program shall be submitted to the Zoning division for review
and approval by the Planning Commission as a"Reports and Recommendations" item.
4. That all gates shall remain open durimg business hours and no required parking area shall be
fenced or otherwise enclosed for outdoor storage uses.
5. That the owner(s) of the proposed parcel(s) shall be responsible for the removal of any on-site
graffiti within finrenty four (24) hours a~ter its application.
6. That the legal owner(s) of the proposed parcels(s) shall provide the City of Anaheim with public
utilities easement(s) to be determine~ as electrical design is completed.
7. That the developer shall verify the existence of, or grant easements for, existing City of Anaheim
electrical facilities. Furthermore, underground conversion project UD37-2 requires an easement for
a PMT. Any required relocation of City facilities shall be at developer expense.
8. That minimum one (1) gallon sized vines planted on maximum three (3) foot centers shall be
planted, irrigated and maintained adjacent to all trash enclosure walls visible to the streets. This
information shall be specifically shown on plans submitted for building permits.
9. That all new backflow assemblies shall be located above ground outside the street setback area in
a manner fully screened from all public streets. Any other new large water system equipment shall
be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the street setback area in a manner fully screened from all public streets. Said information
shall be specifically shown on plans submitted to Water Engineering and Cross Connection Control
Program staff for review and approval prior to submittal for building permits.
10. That since this project has a landscaping area exceeding finro thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim
Municipal Code "Landscape Water Efficiency" and Ordinance No. 539 regarding water
conservation.
11. That the subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department identified as Exhibit Nos. 1 through 8, and as conditioned herein.
12. That prior to the issuance of a building permit, Condition Nos. 3, 6, 7, 8 and 9, above-mentioned,
shall be complied with.
13. That prior to final building and zoning inspections, Condition No. 11, above-mentioned, shall be
complied with.
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14. That approval of this application cons~itutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLV~D that the Anaheim City Planning Commission does hereby
find and determine that adoption of this resolution is expressly predicated upon applicanYs 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 was adopted at the Planning Commission meeting of
January 31, 2000.
CHAIRP RSON, ANAH IM ITY LANNING COMMISSION
ATTEST:
SECR ~ARY AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORIVIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 January 31, 2000, by tihe following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2000.
Q/1 ~
SECRET RY, N HEIM CITY PLANNING COMMISSION
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