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PC 83-149irx., RESOLUTION NO. PC83-149 RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO, 3344 BE GRANTED WHEREAS, the Anaheim Cit,y Planning Commission did receive a verified Petition for Variance from ROGER L. WILLIAMSON AND PAOL D. WILLIAMSON, 3450 East La Palma Avenue, Anaheim, California, owner of certain real pr.operty situated in the City of Anaheim, County of orange, State of California described as: PARCEL 1: THAT PORTION OF LOT 3 OE ORANGE GROVE aCRES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OP CALIFORNIA, AS Si~OWN ON A MAP THEREOF RECORDED IN BOOK 6~ PAGE 42, MISCELLANEOUS MAPS~ RECORDS OE SAID ORANGE COUNTY, DESCRIBED AS FOLLOIaS: BEGINNING AT 'LHE NORTHWEST CORNER OF SAID LGT 3, SAID POINT BEING IN THE CENTER LINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SOUTH 3 DEGREES a5 MINUTES 29 SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 3 A DISTANCE OF 764.48 FEET TO A POINT THAT IS NORTH 3 DEGREES 45 MINUTES 29 SECONDS WEST 475.15 FEET FROM THE SOUTHWEST CORNER OF SAID LOT 3 SAID POINT ALSO BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO FREDERICY. P. MORLEY AND OTHERS, RECORDED APRIL 28, 1959, IN BOOK 4687~ PAGE 372, OFFICIAL RECORDS~ IN THE OFEICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 73 DEGREES 49 MINUTES 30 SECONDS ~AST ALONG THE NORTHERLY LINE OF SAID LAND TO MORLEY 203.56 FEET TO A POINT IN THE EASTERLY LINE OF THE WESTEZLY 2/3RDS OF SAID LOT 3~ SAID POINT BEING THE NORTHEAST CORNER OF SAID MORLEY LAND; THENCE NORTH 3 DEGREES 45 MINUTES 29 SECUNDS WEST ALONG SAID EASTERLY LII~E OF THE WESTERLY 2/3RDS OF LOT 3 A DISTANCE OF 7b4.81 FEET TO A POINT IN SAID CENTERLINE OF LA PALMA AVF.NUE~ SAID CENTER LINE BEING THE NORTfI LINE OF SAID LOT 3; THENCE SOUTH ;3 DEGREES 44 MINUTES 00 SECONDS WEST 203.56 FEET TO THE POINT OF BEGTNNING. PARCEL 2: THE WEST ONE-THIRD OF LOT 2 AND THE EAST ONE-THIRD OF LOT 3~ ROTH OE ORANGE GROVE ACRES~ AS PER MAP RECORDED IN BOOK 6~ PAGE 42 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALiEORNIA. EXCEPT THAT PORTION THEREOF LYIidG SOUTHERLY OF THE NORTHERLY LINE OF THE LAND DESCRIBEA IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MAY 4~ 1964 IN BOOK 7029, PAGE 419 OF OFFICIAL RECORDS. PARCEL 3: THAT PORTION OF LOT 4 OF pRANGE GROVE ACRES~ AS PBR MAP RECORDED IN BOOK 6~ PAGE 42 OF MISCELLANEOUS MAPS~ RECORDS OF ORANGE COUNTY~ CALIFORNIA, LYING EASTERLY AND NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: #0022r PC83-149 BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT 4, ~'1 SOUTH 73 DEGREES 44 MINUTES 00 SECONDS WEST a5.29 FEET iROM THE NORTHEASTERLY CORNER OF SAID LOT 4~ SAID YOINT BEING ON THE CENTERLINE OF LA PALMA AVENUE (40.00 FEET WIDE); THENCE SpUTH 03 DEGREES 45 MINUTES 29 SECONDS EAST 662.78 FEET~ PARALLEL WITH THE EASTERLY LINE OF SAID LOT 4; THENCE SOUTHEASTERLY 117.77 F^cET TO A POINT ON SAID EASTERLY LINE NORTH 03 DEGREES 45 MINUTES 29 SECONDS WEST 479,15 FEET FHOM THE SOUTHEASTERLY CORNER OF SAID LOT 4, SAID POINT BEING THE NORTHWEST CORNEP. OF THE LAND DESCRLBED IN T6E DEED TU FREDERICK P. MORLEY AND OTHERS RECORDED APRIL 28, 1959 IN ~,~ BOOK 4687~ PAGE 372 OF OFFICIAL RECORDS OF SAID ORANGE ~~ COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 22, 1983, 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 vatiance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itselE 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 construct a mini-storage facility: (a) SECTION 18.06.OSO.G31 - Minimum number of oarkinq soace~ AND 18.61.066.050 (447 spaces requir?d; 27 spaces pro osed) P (b) SECTZON ].g,61.06~1.~2Q - t,nximum fence heiaht ~ (3b inches permitted in front setback; 8 feet proposed) 2. 4hat the above-mentioned waiver (a) is hereby granted on the basis the parkin9 variance will not cause an increasE in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and granting of the parking variance under the conditions imposed, if any, would not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 3. That th;.• above-mentioned waiver (b) is hereby granted on the basis that the fence hei9ht is necessary due to the unique nature of ~he use to provide security and on the basis that there are special circumstances applicable to the pro?erty such as size, shape, topography, location ot surroundings, which do not apply to other identically zoned properties in the vicinity; and strict application of the 2oning Code deprives the pcoperty of pr.ivileges enjoyed by other properties in identical zoning classification in the vicinity. 4. That there are exceptional or exkraordinary circumstances or conditions applicable to the property invo.lved 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. -2- PC83-149 5. That the ~equested variance is necessary for the preservation and enj~y~ent of a substantial prop~rty right possessed by other property in the sa,,,e vicinity and zone, and denied to the propert-y in question. G. That the requested variance will not be materially detrimental to the public welfate or injurious to the property cr improvements in such vicinity and zone in which the property is located. 7. That no one indicated their p~esence at said public hearing in opposition; and that no correspondenc? was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim ~:ity Planning Commission has reviewed the proposal to constcuct a mini-storage facility with waivers of minimum number oE parking spaces and maximum fence height on an irre~•ularly-shaped parcel of land consisting of approximately 9.54 acres having a frontage of approximately 492 feet on the south side of La Palma Avenue, and further described as 3450 East La Palma Avenue; 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 advecse envitonmental impact due to the appzoval of this Negative Declaration since the Anaheim General Ylan designates the subject property for general industrial land u~es commensurate with the proposal; that that 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, THEPEFORE, BE IT RESOLVED that the Anahei~ City Planning Coi~.mission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a ~ecessary prerequisite to the proposed use of the subject property in order to preserve the sagetj snd 9°n°ra2 :e2fare cf tl-,e Citizens ot the City of Anaheim: 1• That prior to issuance of a building permit, the appropriate traffic siqnal assessment fee shall be paid to the City of Anaheim in an amount a~ determined by the City Council for new commercial buildings. 2• That sidewalks shall be installed along La Palma Avenue and Grove Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office o£ the City Engineer. 3• That drainage of subject property shall be disposed of in a manner sati~factory to the City Engineer. 4• That prior to commencer~ent of structural framing, fire hydrants shall be installed and charged as requiced and deter~ined to be necessary by t;~e Chief of the Pire Department. 5• That trash storage areas stiall be provided in accordance with approved p~ans on file with the Street Maintenance and Sanitation IIivision. -3- PC83-149 6. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 1603 to the Plannin9 Department. 7. That subject property shall be developed substantially in accordance with plans and specifications on fiJ.e with the City of Anaheim marked Exhibit No. 1. 8. That prior to the comme~~cement of the activity authorizcd under this resolution, or prior to the time that a buildiny permit is issued, or within a period of one yaar from the date of this resolution, whichever occurs first, Condit~on No. 6, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be grznted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 9. Thet prior to final buildinq and zoning inspections, Condition Nos. 2, 3, 5 and 7, above-mentioned, shall be complied with. 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 hereinGbove 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 RFSOLUTION is signed and approved by me this 22nd Zay of August, 1983. i !~ % '~~j ~ '~' CHAIRMAN~ ANA 2M CITY PLANNING COMMISSION ATTEST: ~"~OL?~J .~.° ~~_ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AhAHEIM ) 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 Auqust 22, 1983, by the following vote of the members there of: AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ HERBST~ KING, LA CLAIRE~ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of August, 19t3. . `~~ ,~°. ~~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -4- PC83-149