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PC 85-176RESOLU'CION N0. PC85-176 A RGSOLUTION OP THE ANAHEIPI CITY PLANNING COMt•tISSION THAT PETITION F'OR CONDITIONAL USE PERt4IT NO. 2703 BE GRANTED WH£REAS, the Anaheim Cil-y Planning Commission did receive a verified Petition for Conditional Use Permit f~~~ PACE/';ETTER PRODOCTS INC., 1441 Notth Baxter Street, Anaheim, California 92b~6-1272 AND AUGUSTINE L. NIETTO, II, c/o AN~1~F10NY RUSSELL, 4631 Tellar, Suite 140, Ne~.~ort Beach, California 92660, owner, and JURDAN ARCHITECTS, AT~PN: ARiEL 'JALLI, 2201 Martin Street, Suite 201, Irv~ne, California 92715, agent for certain real p~operty situated in the City of Anaheim, County of Orange, State o£ California, described as: 4'HE EAST 152.00 FEET OF LQT 9 UF THE GOLDEN STATE TRACT N0. 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF : CALIPORNIA, AS YER MAP RECORDED IN B00~ 4 PACE GS OF MZSCELLANEOUS MAPS, IN THE OFF'ICE OF' THE COUNTY RECORDER OF ~AID CUUNTY. TtiAT PORTION GF LOT l3 OF GULDEN STATE TRACT NO. 2, IN THE CITY OF ANAHEIM COUNTY OF ORANGE~ STATE OF CALIFORNIA~ AS PER hIAP RECORDL•'D IN BOOK 4 PAGE 68, OF MISCBLLANEOUS MAPS, IN THE OFFICE OF TfiE COUNTY RtiCORDER OF SAID COUNTY. WHEHEAS, the City Plannin~ Commission did hold a public heacing at the Civic (:enter in the Cit}• of Anaheim on July 22, 1985, at 1:30 p.m., notice oE said public heariny having been duly given as reguired by law and in accordance wii:h the urovision~ of t•he Anaheim Ptunicipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make fiiidings 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 of:area aL sai~ henr;n~~ ~?~~~ F2n~ u;;~ ~~~e.m;ne the tollowing f~cts: 1. That the proposed use is properJ.y onP for which a c~nditional use permit is autt~orized by Anaheim Municipal Code Section 18.61.050.433 to wit: to permit a puplic mini-storage facility and on-site caretaker's residence with waivers of the Eollowinct: (a) SECTIONS 18.06.050.0121 - plinimum number of parkina spaces. 18.U6.050.031, (299 spaces required; 29 proposed) 18.06.fJ80 AND 18,61.066.050 (b) SECTION 18.61.062.011 - Maximum building heiaht. (20 feet permitted within 40 feet of a residential zone; 24 feet proposed) (c) SECTIOP! 18.61.063.02U - Mir:irnum structural setback. (24 feet required adjacent to a residential zone; 21 feet Erom i?M-1200 Zoning p.oposed) U579r PC85-176 2. That the requested waiver (a) is !~ereby granted on the basis that the parl:ing waiver will nat cause an increase in tcaffic congestion in the immediate vicinity nor adversely affect any adjoining land uses and granting of the parking waiver under the condi.tions imposed, if any, will not be detrimental Co the peace, health, safety and general welfare ~of the citizens of the City of Anaheim. 3. That the requested waivecs (b) and (c) are hereby granted on the basi~ that there are special circumstances applicab.le to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict appla.cation of the Zoning Code deprives the property of pcivileges enjoyed by othet ~roperties in the identical zone and classification in the vicinity. 4. That the proposed use will not adversely aFfect the adjoining land uses and the growth and development of the area in which it is pcoposed to be locate~. 5. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area no~ te the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 6. That the granting of tne Conditional Use Permit under the condicions imposed, it any, will not be detrimental to the peace, health, safety and general we.ifare of the Citizens of the City of Anaheim. 7. That the traffic generated by the proposed use will not impose an undue burden upon the stteets and highways designed and improved to carry che tr~ffic in the area. B. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. k:NV1HUNM~N'1'AL .IMYACI' F'INDING: That the Andheim City P1dnRing Commission has ceviewed the proposal to permit a;.ublic mini-storage facility and on-site caretaker's residence with waiv;rs of minimum number of parking spaces, maximum building height, and minimum structural setback on an irregularly-shaped paccei of land consisting of approximately 2.8 acres, located at the southwest cocner of Via Burton and Baxter Street, an@ further described as 1401-1441 Baxter St:eet; and does hereby approve the Negative Declaration upon finding that il-. has c.onsidered the Negative Declaration together with a~y comments rece;ved during the public review process and further ~inding on the basis of t.he initial study and any comments received that there is no ~ubstantial evidence that the project will have a significant effect on the environment. NUiv, THEREFORE, BE I4~ RESOLVF.D that thP Anaheim City Planning Commission does hereby ucant subject Petition for Conditional Ue~ Permit, upon the following conditions which are hereb,y Eoiand to be a necessary prerec~uisite to the pcoposed use of t:~e subject property in order to preserve the safety and yeneral we.ifare of the Citizens aE the City of Anaheim: ~,'~~ '~' PC85-176 ~,: 1• That sidewaiks shall be installed along Via Burton Street and Baxter Street as required by the City Engineer and in accordance with standacd plans and ~pecifications on file :~: the Office of the City ~rigineer. Z• That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new industrial buildings. 3• That the vehicular ac~ess rig!~ts to public alle,ys west and north of property shall be dedicated to the City of T.naheim. 4• That gates shall not be installed across any driveway in a manner which may adversely affect vetiicular traffic in the adjacent public s~reet(s), Installation of any gates within sir.ty (60j feet from said public stceet right(s)-of-way shall be subject to the review and approval of the City Traffic Engineer. 5• That the driveway shall be constructed to acc~mmodate ten (10) foot radius curh returns as required by the City Traffic Engineer. 6• That the existing driveways on Via Eturton and Baxter Street, which driveways are not proposed foc use in the project, sha12 be removed and replaced with a standard curb, gutter, sidewalk and landscaping. 7• That drainage of subject property shall be disposed of in a manner satisfactory to the City Fngin~er, ~• That subjECt property shall be served by underground utilities. 9• That prior to occupancy, fire hydrants shall be installed and charged as reouired and detecmined to be necessary by the Chief of the E'ire Depactment. ~~• "-'~~~~ Lc45i~ sLUraye areas sha11 be accordance with a Provided and maincained in pproved plans on file with the Street Maintenance and Sanitation Livision. 11. That street lighting facilities along Via Burton Street and Baxter Street shall be installed as required by the Utilities General Manager i~i accordance with specifications on file in the Office of Otilities General Manager, a~d that security in the form of a bond, certificate of depos±t, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee tt~e satisfactory completion of the above-mentioned improvements. Said securil-y shall be posted with the City of Anaheim prior to issuance of building permits. The abc+ve-required improvements ~hall be installed prior to occupancy. 12. That prior to issuance of a building permit, pcimacy water main fee~ shall be paid to the City uf Anaheim, in an amount ~is determined by the Office of the Util.ities General Atanager. -3- PC85-176 ISAnsirx.s_v::.b~.~„~,..,:.:.... _..._ ..... 13. Thar. a sir. (6)-foot high masonry block wall (as measured from the highest finish~d yrade level at the property lines of the subject property shall be constructej and maintained (a) along the ?ast propert~~ line adjacent to Baxter Street and the required landscaped area, !b) along ct,e most northerly property line adjacent to Viu B~rton and thE required lanascaped area, and (c) adjacent to all othec property lines. 13. That al.l easernents indicated or. Exhibit No. 1, and required by the City of Anaheim public utility pur~oses, shall be cecocded to the satisfaction of the City Engineer's office ptioc to occupancy. 15. That in the event sub~ect proFerty is to be divided for the purpose ct sale, lease, or financir.g, a parcel map to record che apptoved division of subject property shail be submitted to and approved by the City of Anaheim and then be recorded in the Offir_e of the Orange County Recocder. 16. That a11 air conditioning facilities and othEC roof and ground mounted equipment shall be propecly shielded from view, and t_he sr~und buffered f[um adjacent residentiai properties. 17. That the praposal shall comply with all. siyning reguirements oF the riL Zone, unle~s a variance allowing sign waivers is approved by the Planniny C~nmission or City Council. 18. That any proposed parking area lighting fixtures shall be down-lighted with a maximum height of 12 feet. Said lighting fixtures shall be~ directed away irom adjacent property lines to prote:t the ceside~tial inteyrity oE the area. 19. That all Lac:kable vet~icular access gates shall be equipped with a "knox box' device tn the satisfaction of the City Fire Marshall. 20. 4'hat the property owner shall obtain an easement over the existfng ~n~-f~~~ '^'~"'" ~~~=L~+~9 -~~ti~+ Loculeu d~~acent to the westerly propecty line and the alley if an emergency access gate is required by the Fice Depactment or Police Department. 21. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhihit Nos. 1 th:ouyh S. 22. That prior to issuance of a building pecmit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 12 and 20, above-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. 23. That ~,rior to final building and zoning inspections, Condition Nos. 1, 4, 5, 6, 7, t3, 10, 11, 13, 14, 16, 18, 19 dnd 21, above-mentioned, shall be complied witl~. a"c^t'.,_,_,--~s::. , . , '4- PC85-176 .., .. . BE IT FURTHEP. RESOLVED that the Anaheim City Planning Commission dr~s her.eby tind and determine that adoption of ~his Resolution is expressiy predic~ted upon applicant's compliance with each and a11 of the conditions hereinabove set forth. Should any such conditions, o~ ariy part thereof, be declared invalid or unenfurceabt.e 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 FOREGUIN~ itESOLI;TIOY is siyned and approved by me this 22nd day of July, 19as. /~ _ C',~2ct.~~-c ,:\'cL ~?~~,npi CHAIRMAfJ, ANAHEIM CITY PLANNING COMMISSIUN ATTEST: ~~~ ~ SECRETARY, AtIAHEIM CITY PLANNING COPiMtSSION STATE UF CALIFORNIA ) COUNTY OF UkANGE ) ss. CITY OF' ANAHEZPI ) I, Edith L. ti~.rri~, Fcctetacy ot the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of thc Anaheim City Planning Commission held on July 22, 1985, by the folloWiny vcte of the members thereof: AYES: CODIMISSIONERS: BOUAS, F'F.Y~ FiERBST~ LA CLAIRE, LAWICKI, MC BURNEI, h1ESSE NOES: COMMISSSQNERS: NONE ABSENT: COM6fISSIONERS: NONE I~, ,m.~~cg t.~~rr.ocnF~ ? h=+•~~ h~r~~mto Get m}~ hand this 22nd day of July, 19d5. .eG~ -~° ~- - S£CRETARX~ ANAHEIM CITY PLANNING COliMISSION l~ L.~ _5_ PCBS-176 ~' ~'~._ ~.. ~ . .