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PC 85-242RESOLUTIOPJ N0. PC85-242 A RESOLUTION OF THF, ANAHEIM CITY PLANNING COMMISSION THAT P~TITION FOR VARIANCE h0. 3512 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance f[om NORTHWEST MOTOR WE~DSNC, 1429 South Easte[r. Avenue, Los Angeles, California 90022, owner of certain real property situated in the City of Anaheim, County of Orange, State of California desr.ribed as: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHI° 4 SUUTH, RANGE 10 WESi IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM~ COUNTY OF ORANGE~ STATE OF CALIFORNIA~ AS PER MAP RECORDEL IN BOOK 3~ PAGE 51 OF MISCELLANEOUS MAPS, IN THE OFFIC2 OF THE CUUNTY RECORDER OF SA7D COUNTY, DESCRIBED AS FOLLOWS: BcGINNING AT A POINT 30.00 FEET NORT~ OF THE CENTERLINE OF LA PALMT. AVENUE 596.87 FEET EASTERLY ME~SURED ALONG S'AID NORTH LINE FROM THE CENTERLINE OF OLZVE STREET AS DESCRIBED IN THE DEED i0 THE CITY OF AN~HEIM RECORAEU FEBRUARY 1, 1926 ZN 300K 625~ PAGB 3G7 OF DEEDS OF ORANGE COUNTX; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LA PALMA AVENUE 189.92 FEET TO THE WESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN THE F.L•'SOLUTIGN RECORDEU JUNF. 24, 1948 IN BOOK 1659, PAGE 109 OF OFFIC:AL RECORllS; THENCE NORTHERLY ALONG SAID WESiERLY LINE 240.00 FEET; THENCE WESTERLY PARALLEL WITH SAID LA PALMA AVENUE 189.22 FEET; THENCE SUUTHERLY PARALLEL WITH THE CENTERLINE OE' SAID OLIVE STP.EET 240.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim ~n October 14, 1955, at i:30 p.m., notice of said public hearing having been duly given as cequired by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, tc ~ear ~n~ ~oncidac evidencc foz ~nu dyainst said proposed varianee and to invescigate and make findings and recommendations in connection therewith; said public hear.ing having been continue~ to the °lanning Commis~ion meeting of November 13, 1985; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of alJ. evidence and repocts offered at said hearing, does find and detecmine the following facts: 1. That t~~e petitioner proposes waivers of L•he fellowing to construct an office expansion to an industrial building: (a) S_gCTIONS 18.OS.U80.005 - Reauired imProvements to street 18.OA.080.010 ri4ht-of-wav. (POSted security for 18.04.080.020 ultimate street imorovements alona AND 18.61.1U0 Pauline St. required; No posted securitv proposed) ~': ~ !. , Uti49r PC85-242 ~b1 SECTZON 18.61.063.011 - Minimum structural setback. (50 feet adjac?nt to La Palma Avenue reguired; 5 feet proposed) 2• That the above-mentioned waivers are hereby granted on the basis thae thece are special circumstances applicable to the pr~ptrty such ,3s size, shape, toPo9raphy, location and surroundings which do not apply to other ldentically zoned property in the same vicinity; and that strict app7.ication of the Zoniny Coc'e deprives the property of privileges enjoyed by other propertiey in the identical zone and classification in the vicinity; further gcanting waiver (a) on the basis that the proposal is for an office expansion to an existing indus~~rial buildiug and no street improvements have been made on Pauline Street in the immediate area, and waiver ib) on the basis that the exi~cin9 indust~ial build.ing already has a 5-foot setback Erom La Palma Avenue. 3• That thece are exceptional or extraordinary circumstances or conditions applicable t.o the property involved or to the intended use of the propecty that do not a;?ply generally to the property or class of use in the same vicinity and zone. 4• 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 zune, and deniad to the j~roperty in q~~?stion. 5• 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. ~• That no one indicated their presence at said public hearing in opposition; and that na correspondence was received in opposition to subject peL-ition. ENVIRONMENTAL IMP4CT FINDING: That th2 Anaheim Citv P]anning Commission nus re~iewed the proposal to construct an office expansion to an industcial building with waivers of requiced improvements to the street right-of-way and minimum structural setbaek on a rectangularly-shaped parcel of land consisting of approximately 0.95 acre, located at the northwest corner of La Palma Avenue and Pauline Street, and further described as 517 and 519 East La Palma Avenue; and does hereby approve the Negative Declaration upon =inding that it has co,isidered the Negative Declaration together with any comments received during the public review process and furthec finding on the basis of the initial study and any comments received that there is no substantial evidence that the project wi~l have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does heceby grant subject Petition foc Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in ocder to preserve the saEety and general welfare of the Citizens of the City of Anaheim: 1, That all engineering requirements of the City of Anaheim along La Palma Avenue, includiny preparation of improvement plans and relocation and construction of all improvements cuch as curbs and gutters, sidewalks, watec facilities, street gradir.g and pavement, ~ -Z- PC85-242 ~ sewer and drainage facilities, or other appur.tenant work shall be compl:ed with as required by the City Engineer and in accordance with Specifications on Eile in the Office of the City Engineer; and that security in the form of a bond, certiricate of deposit, lettec of credit, or cash, in an amount and form satisfactory to the City of . Anaheim, Shall be posted with the City to guarantee the satisfactory completion of said impcovements. Said security shall be posted with the City prior to issuance of building permits, to guarantee the installation of the above-required improvements prior to occupancy. Z. That the driveway shall be reconstructed to accommodate cen (10) foot radius curb returns as required by the City Traffic Enginee:. 3. That drainage of subject property shall be disposed of in a manner satisfactoty to the City Engineer. 4. That prior to issuance of a building permit, primary water main fees ~hall be paid to the City of Anaheitr, in an amount as determined by thA Office of the Utilities General Manager. 5• That prior to issuance of a buildina permit, the appropriate traffic Signal assessment fee shall be paid to the City og Anaheim in an amount as determined by the City Council for new commercial buildings. 6• Tl~at plans shall be submitted to the Building Division showin9 ~ompliance with the minimur stardards of the City of Anaheim, including the Uniform Building, plurn~ing, Electrical, Mechanical and Fire Codes as adopted by the City ~~f Anaheim. The appropriate Permits shall be obtained for any necessac•+ wo:k• 7, That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked EXhibit IJO. 1. u. That ~,iior tu issuauce uf a quilding permit, or withln a period of one -,ear from the date of this resolutlon, whichever o:~curs first, Condition Nos. :~, 4, 5 3nd 6, above-mentioned, shall bc complied with. Eatensicnr for furthec time to complete said conditions may be granted in accordance ~+ith Section 18.03.090 of the Anaheim Mun?.cipal Code. 9, That prior to final buildiny and zoning inspections, Condition t~os. 1~ 2. 3 and 7, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commis~.~n does hereb~~ find and determine that adoption oL this Resolution is expressly predicated upon applicant's conpliance with each and all of ~he condi°'~ns hereinabove set forth. Should any such condition, or any pact therec c declared invalid o~ unenforceable by t'tve final judgment of any cou~ ~f competent jurisdiction, then this Resolut.ion, and any approvals hercin contained, shall be -leemed null ~.nd void. -3- PC85-242 THE FOREGOING RESOLUTION is signed and approve~ by me this 13th day of November, 1985. i . ' _. _ (_ -~"!~QC- "~l"/' ~`~~~ l_r ~, CHAIRWOMAN, ANAHEIM CI y PLANNING COMMSSSION ATTEST: _ .~. 1 ~~ ~ ~~s.•=. S~CRETARY~ ANAHEIM CITY PLANNING COMMSSSZON STATE OF CALIFORNIA WUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 November 13, 1985, by the fo2lowing vote of the members thereof: AYES: COMMISSIONERS: BOUAS, FRY~ HERBST~ LA CLAIFE, LAWICKI, MC BURNEY MESSE NOES: COMMISSIUNERS: I~ONE ABSENT: COMMISSIONERS: IiONE IN WITNESS WHEREOF, I Have hereunt~ set my hand this 13th day of Novembec, 1985. ; ~ OI~C~~ i ^_ •_ W r"~C.c.o SECitETAR ~ ANAHEIM CITY PLAN~'1ING COMMISSION -~- PC85-242 <;: ,r ;