Resolution-PC 2003-12•
RESOLUTION NO. PC2003-12
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04539 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:
LOTS 3 TO 5 INCLUSIVE IN BLOCK "D" OF THEODORE REISERS SUBDIVISION O
VINEYARD LOT G-2, AS SHOWN ON A MAP, THEREOF RECORDED IN BOOK 25,
PAGE 30 MISCELLANEOUS MAPS, RECORDS OF SAID LOS ANGELES COUNTY,
CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 13, 2003, 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:
1. That the petitioner proposes waivers of the following to retain an un-permitted second-
story office expansion to an existing industrial building:
(a) Section 18.61.064.020 - Maximum fence heipht in the front setback area.
(3-foot hiqh decorative fence permitted when set back 5
feet from local industrial streets;
6-foot hiqh chain link fence with sliding gate existing and
proposed along front property line on Atchison Street)
(b) Sections 18.06.050.020.021.0212 - Minimum number of qarkinct spaces.
18.06.050.030.031 (18 spaces required; 10 spaces proposed)
18.06.050.030.033
18.06.080
and 18.61.066.050
2. That the above-mentioned waiver (a), maximum fence height in the front setback, is
hereby approved because strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties in the identical zone and classification in the vicinity.
3. That the above-mentioned waiver (b), minimum number of parking spaces, will not cause
fewer off-street parking spaces to be provided for the use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use.
4. 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.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the use.
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6. 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.
7. 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.
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal for waivers of maximum fence height in the front
setback and minimum number of parking spaces to retain an un-permitted second-story office expansion
to an existing industrial building on a rectangularly-shaped 0.46-acre property having a frontage of 150
feet on the east side of Atchison Street and a maximum depth of 134 feet, being located 530 feet south of
the centerline of Santa Ana Street, and further described as 540 and 542 South Atchison Street; and
does hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment 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.
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 Citi~ens o€#he City of Anaheim: _ _
That no required parking spaces shall be used for the storage of unfinished materials, finished
product, or street sweepers.
2. That no 'compacY or `small car' parking spaces shall be permitted.
3. That plans for the five hundred thirty three (533) square foot second-story office addition and the
eight hundred sixty four (864) square foot metal canopy shall be submitted to the Building Division
for review and approval. Following approval, building permits shall be obtained for the structures.
4. That the existing fence and sliding gate shall be refurbished and properly maintained including
replacement of damaged slats with new PVC slats, and the barbed wire shall be removed.
5. Tha# trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department.
6. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610. Said turn-around area shall be shown on plans, as required by the
Department of Public Works, Streets and Sanitation Division.
7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and' approval.
8. That a lot line adjustment plat to combine the three (3) existing lots shall be submitted to the
Subdivision Section (Development Services Division) for review and approval. Following approval
by the City Engineer, the lot line adjustment plat shall be recorded in the Office of the Orange
County Recorder.
9. That the fee for sewer capacity mitigation for the Old Town/Basin 8 Area shall be paid.
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10. That the applicant shall pay a traffic signal assessment fee and a traffic and transportation fee to the
City of Anaheim, Traffic Engineering Division, in the amount established by City Council Resolution.
11. That the property shall be permanently maintained in an orderly fashion through the removal of trash
or debris and removal of graffiti within twenty four (24) hours from time of occurrence.
12. That four (4) foot high street address numbers shall be displayed on the flat area of the roof of the
building in a contrasting color to the roof material, provided that the numbers shall not be visible to
the adjacent street or properties. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division, approval.
13. That 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 marked Exhibit No. 1, and as conditioned herein.
14. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 3, 4, 5, 6, 7, 8,
9, 10, 12, 17 and 19, herein-mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code.
15. Proposed Condition No. 15 was de/eted at the Planning Commission public hearing.
16. That approval of this application constitutes 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-regt~la~io~s, AppKOVaI does-not include any action or findings as to compliance or approval of
the request regarding any other applicable ordinance, regulation or requirement.
17. That the address on the building at 542 South Atchison Street shall be professionally repainted.
18. That three (3) unscheduled Code Enforcement inspections will be conducted within one (1) year, at
the petitioner's expense.
19. That the petitioner shall provide ten (10) clearly marked parking spaces, in compliance with City
standards.
BE IT FURTHER RESOLVED 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 13, 2003.
CHA ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/~'Zv,.~--~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resofution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN W ITNESS WHEREOF, I have hereunto set my hand this o2 ST ~ da of
Y
,~ r , 2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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