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PC 75-43-b, ~ ~ RESOLUTION N0. PC75-43 ~ A R[SOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT PETITION FOR VARIANCE N~. 2671 BE GRANTED IN PART. WHEREAS, the Cicy Planning Commission of the City of Anaheim did receive a verified Petition for Variance from J04N MOLINARO, 145~Q Firestone 6oulevard, La Mirada, California 90638 (Owner); ~EL PROPERTIES, Attn: Fred Walters, 730 SouCli Cypress Street, La Habra, Californfa yCo"}I (Agent) of certain real property situated in the City of Anaheim, Co!.:nky of Orange, State of California, d~s'~~~nd as: That portion of the North half of Sectio~+ l, rFnur..~i:;{~ L~nuth, Ranoe 11 Mt':5i.,, a:S~`; in Rancha Los Coyotes, acquired by the StarP. ~'r GaiFTf?~lT~Ii! iiy deed 127i rc;~~F~Jed ~~~ book 3571, pa9e 398, Official Records, described as follows: Commencing at the Southerly termi~us of that ce rtain cour5e havirsg a be5ririg ai~d distance of South 0° 36' S0" East 86,05 feet as shown in the Eastariq l~zsa o-' Parcel 1 of State Highway Relinquishment No. 759, recorcled in book 9393, Pa~e 782, Official Records; thence North 89° 23' 10" East 37.85 feet; Chence North 64 36' 21" East, 198.89 feet to the Southwesterly line of said land so acquired by said Deed 1277, described therein as having a length of 1964 feet; said point being the TRUE POINT OF BEGINNING of this description; thence continuing North 64° 36' 21" East 294.10 feet to the Northeasterly line of said land so acquired; thence along said Northeasterly line North 57° 10' 35" West, 581.73 feet to the Easterly boundary of the City of Buena Park; thence along said boundary South 0° 36' S~" East 299.59 feet to said Southwesterly line; thence along said Southwesterly line South 57° 10' 35" East 261.75 feet to said TRUF POINT OF BEGINNING; and WHEREAS, the City Planning Commission did hoid a public•hearing at the Hall in the City of Anaheim on February 19, 1975, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with Yhe provisions of the Anaheim Municipal Lode, Chapter 18.03, to hear and consider eviderce for and against said proposed variance and to investigate and make findings and recommendations in connection tPierewith; said public hearing having been con- tinued to the Planning Commission meeting of March 3, 1975; 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 requests the following waivers from the Anaheim Municipal Code, to construct a mini-warehouse in the ML (INDUSTRIAL, LIGHT) ZONE: a. SECTION 18.05.093.021 - Maximum number of free-standina~siqns. (1 siqn permittad; 2 sians proposed) b, SECTION 18.05.093.0223- Maximum s+Un area. ( 0 s uare feet permitted; 330 square feet proposed c. SECTION 18.05.093.~z3 - Permitted si4n location. (120 feet and 10 feet from property lines required; 45 and 0 feet proposed) d. SECT~ON 18.06.060.03$ - M~nimum number oF parkinq sPaces. (67 spaces required; 8 spaces proposed) 2. That Waiver 1-a, above-mentioned, is hereby denied on the basis that the proposed mini-warehouse can be adequately advertised through the use of 1 free- standing sign and such walt si9ns as are permitted in the ML Zone. 3. That Waiver 1-b, above-mentioned, is hereby yranted for a maximum sign area of 200 square feet, on the basis th.~: said sign display area is not un- reasonable for subject property which exceeris 2 acres in size. 4. That Waiver 1-c, above-mentioned, is hereby granted in part for one (1) free-standing sign to be located a minimum of forty-five feet (45') from the adjacent State of California property line, as shown on the app~-oved exhibits and as stip- ulated to by the petitioner. RESOLUTION N0. PC75-43 i 1~ ' S. That Waiver 1-d~'above-mentioned, is hereby gra d on the basis that the petitioncr stipulated that the mini-warehouse units alony the southeast and south- ~aest praperty lines will he constructed with ten-foot (10') wide garage-type doors ar.d, in the event the proposed mini-war•ehouse use of the property changes, said uniCs may be converted to additional parking spaces, in accordance with Code requirements. G. That the use of the subject property is for mini-warehouse use only; how- ever, if .~t a future date a cnanqe in said use is proposed, then the proposed use will be subject to appr~val by fhe Planning Commission and/or City Council, and the structures will be reGuired to be brought up to the minimum standards of all Codes adopted by the City of Anaheim. 7, That the petitioner stipulated that no water or electrical service, other tlian overhead light (110~), are proposed in the mini-warehouse units. 8. That evidence was presente~ at said public hearing indicating that utilities were ava+lable to the subject property, either through the City of Anaheim or through ~greement with other agencies, i.e., County of Orange, Southern Pacific Railroad Company, and Southern California Edison Company; and that the developer i, r,~qnizant of the fact tliat said utilities may be installed at substantial :n., to the developer. ~~. ~hat there are exceptional or extraordinary circumstances or conditions appllcable to the property involved or to the intended use, as granted, of the property that do not apply generally to the property or class of use in the same vicinity and zone. ~0. That the requested variance, as granted, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in :he same vicinity and zone, and denied to the property in question. 11. That the requested variance, as granted, 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. 12. That one (1) person appeared at said public hearing in apposition to subject petition; and one (1) letter was received, from the City of Buena Park, requesting that the subject petition be denied by the City of Anaheim and that the property be annexed to the City o` Buena Park. ENVIRONMENTAL IMPACT REPORT FINDING: That the Director of Development Se rvices has determineu that the proposed activity falls within the definition of Section 3.~~, Class 11 of the City of Anaheim Guidelines to :he Requirements for an Environmental Impact Report and is, therefore, categoriczlly exempt from the requirement to file an EIR, NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant in part 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 ir order to preserve the safety and general welFare of the Citizens of the City of Anaheim: 1. That appropriate water assessment fees as determined by the Director of ?ublic Utilities shall be paid to the City of Anaheim prior to the issuance of a building permit. 2. That trash storagE areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 3. That fire hy2rants shall be installed and charged as required and determined to be ner;essary by the Chief of the Fire Departr.~nt prior to commencement of structur~al framing. 4. That no water or electrical service, other than overhead lights (110U), shall be provided in the mini-warehouse units, as stipulated to by the petitioner. ' S, That the proposed metal buildings shall be constructed in 8ccordance with the City Council Metal Building Policy. 6. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anahsim marked Exhibit tdos, 1, 2 and 3; provided, however, that the enclosed mini-warehouse units along the southeast and southwest property; lines shall 'oe constructed with ten-foot (10') wide garage-type duors, as stipulated to by the petitioner; and further provided that only (1) free-standinq sign, with a maximum sign area of two-hundred (200) square feet, located a minimum of forty-five feet (45') from the adjacent State of California property line, shall be constructed, as stipulated to by the petitioner. -2- P,ESOLUTION N0. PC75-43 ~~ (7. That Condition~Jos. 2, 4, 5, and 6, above-ment~o~ned, shall be complied v~ith prior to final building and zoning inspections, 8. That this variance is granted for a mini-warehouse use only, and any ne~a use of the ~roperty shall be subject to approval by the Planning Commission and/or City Council and the siructures and number of parlcing spaces shall be required to be brought up to the minimum standards of al'1 Codes adopted by the City of Anaheim, THE FOREGOING RESOLUTION is signed and approved by rtie th:s 3rd day of March, 1975 ~ ~ CHAIRMAN, ANAH CIT LANNING COMMISSION ATTEST: ~ ' ,~ ~~~~ SECRGTARY, ANAHEIM CITY PLANNIN6 COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORAN6E ) ss. CIiY OF ANAHEIM ) I, Patricia B. Scanlan, Secretary of the City Planning Commission of the City of A:iaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on March 3, 1975, at 1:30 p.m., by the following vote of the rt~embers thereof: AYES: COMMISSIONERS: GAUER, JOHNSON, KING, HERBST NOES: COMMISSIONERS: FARANO ABSENT: GOMMISSIONERS: MORLEY, TOLAR IN WITNE55 WHEREOF, I have hereunto set my hand this 3rd day of March, 1975. ~~c e ~ A J~°~ • SECRETARY, ANAHEIM CITY PLANNING COMMISSION _3_ RESOLUTION N0. PC75-43