PC 85-75RESOLUTIOt~ NO. PC85-75
A RESOLUTION OF THE ANAHEIM CITY PLANNINC COMMISSIGN
THAT PETI'PION POR VARIANCE N0. 3468 BE GkANTED
WHEREAS, the Anaheim City Planning Commission did recei~+e a verified
Petition foL Va[iance from fiIGH TECH INVESTMENT, LTD., ATTN: LUCIA LIU, 1301
North Dynamics Street, ~+naheim, California 928U7, owner of certain real
propecty situated in the City of Anaheim, County of Orange, SL•ate of
California described as:
PARCEL 1, AS SHOWN ON A NAP EILED IN BOOK 179, PAGES 39 AND
40 OF PARCEL rIAYS~ IN THP OFFICE OF THE COUNTY RECORDER OF
ORANCE COONTY, CALIF'ORNIA.
EXCEPTING THEREFROP} ALL GAS, OIL \ND MiNERAL RIGHTS Oti SUCH
PORTIUN OF SASD PROPERTY AS LIES 500 FEET OR MORE FEET BELOW
THE SURFACE OF SAID PROPERTY, WITHOUT RIGHT OR ENTRY TO THE
SURFACE OR UPPER 500 FEET THEREOF AS RESERVED IN A DEED
RECORDED JUNE 5, 1981 IN BOUK 14087, PAGE 1682 OF 0°FICIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on March 18, 1985, at 1:30 p.m.,
notice of said public hearing having been duly qiven as required by law and in
accocdance with the p[uvisior~s ot the Anaheim Municipal Code, Chapt~r 18.03,
to heac and considec evidence for and against said pro~osed variance and to
investiqate and make finding~ and recommendutiona in connection therewith; and
WHk;P.EAS, said Comrtiission, after due inspection, investigation and
study made by itself and in its bel~alf, and aftec due consideration of all
evidence and repocts offcred at said heari~ig, does find and determine the
following Eacts:
1. That the petitioner proposes a waiver of the following to
c.:c;::tru:;: .... ir.tcr:or u,,9it:c^ t~ ~n r~istin~ in~teetr,:a] huilding:
SECTION 18.06.050.031 - Flinimum number of patking spaces.
].8.06.080 (2& spaces required; 20 spaces existing)
AND 1E.61.066.050
2. That the above-mentioned waivecs are hereby g~anted on the
basis that the parking variance will not cause an inccease in traffic
congestion in the immediate vicinity nor adversely affect any adjoining land
uses; and that the granting of the parking variance under the conditions
imposed, iL any, will not be detrimental to the peace, health, safety or
general welfare oE the citizens of the City of Anaheim.
3. That the proposed use is her.eby granted subject to the
conditior. that the owner of subject property shall execute and recocd a shared
parking ayreement, in a Loc~~ appr~~ved by the City Attorney's OfPice, with the
two adjoining property owner.: to the north oE subject property (1301 and 1331
Dynamics Street) to share the ex.sting off-street parking spaces.
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PC85-75
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4. That there are exceptional or extraordinary circumstances or
conditions applicable to the pro~erty involved or to the intended use of the
pcoperty that do not apply generally to the pcoperty or class of use in the
same vicinity and zone.
5. That the request=d variance is necessary for the preservation
and enjoyment of a substantial property right possessed by other property in
the same vicinity and zune, and denied to the pcoperLy in question.
6. That the requested vaciance will not be materially detrimental
to ;:he public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
7. That no one indicated their presence at said p~blic hearing in
opposition; and that no correspondence was received in opposition to subject
petition.
ENVIRONPIENTAL IFIPACT TItIDING: '"hat the Anaheim City Planning
Commission has reviewed the proposal to construct an interior addition to an
existing industrial building witt~ waiver of minimum number cf parking spaces
on a rectangularly-st~aped parcel of land consisting of appror,imately 0.54 acre
located et the northwest corner of Ftiraloma Avenue and Dynamics Street and
further described as 1301 North Dynamics Street; and does heceby approve the
Negative Declaration upon finding that il has considered the Negative
Declaration tr_3er,her with any comments received during the public review
process and fucther finding un the basis oE the initial study and any comments
received that thece is no substantial evidence that the project will have a
si9nificant eftect on the environment.
NUW, THEREE'ORE, BE IT kESOLVEC that the Anaheim Citv Planning
Commission does hereby grant subject PeLition for Variance, upon the following
conoitions 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 tt~e Citizens of the City of Anaheim:
l. 'i~hat the owne: ot sub7ect propecty shail pay to the City oY Anaheim
a£ee for street lighting along Micaloma Avenue in an amount as
determined by t.~e City Cuuncil.
2. That prior to iss~ance of a building permit, the appropriate traffic
signal assessment E~e shall be paid to the City of Anaheim in an
amount as determined by the City Council for new industrial
buildinqs.
3. That t~ash storage areas shall be p:ovi~ied and maintained in
accordance with approved plar.s on file with the Street M~intenance
and Sanitation Division.
4. ThaL all air conditioning facilities shall be properly shielded from
view.
5. That the proposal shall conply with all si~ning requirements of the
ML Zone, unless a variance allowing sign waivers is approved by hhe
P'_anning Commission or City Coun~il.
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6• Tnat the outdoor storage area, located at the northwest corner of
subject property shall be totally screPned and enclosed by a minimum
six (6) foot high conccete block wall and no storage of materials
shal' be visible above said w~ll.
7• That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. 1 and 2.
8. That the owners of subject property shall execuke and record a
shared parking agreement, in a form approved by the City ~ttorney's
Office, w:th the two adjoining property owners to the north of
sutje~t property (1301 and 1331 Dynamics Street) to share the
existing on-site parking spaces. proof of said recordation shall be
submitted to the Planning Department.
9• That prior to issuance of a building permit, or within a petiod of
one year £rom the date of this resolution, or prior to commencement
of the activity herein approved, whichever occurs first, Condition
Nus. 1, Z and 8, above-mentioned, shall be complied with.
Extensions for further time to comp'_ete said conditions may be
granted in accordance with Section 1A.03.090 of the Anaheim
1lunicipal Code.
10. That prior to final building ~~iti zoning inspections, Condition Nc~.
3. 4. 6 and 7, above-mentioned, shall be complied with.
fl~ j~' FURTHER RESULVEU that the Anaheim City Planning Commission
does hereby find and determine that adoption of this Resolution is expressly
pcedicated upon applicant's compliance with each and all of the conditions
hereinabove set fucth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judement of any court of
competent jurisdictio~, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
'1'Ht r'~REGOING RESOLUTION is eigned and approved by me this 18th day
of riarch, 1985.
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-CNAIRMAN, ANAt~EIM Cl'I~y pLANNIhG COMMISSION
ATTEST: ~~
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SECREiARY~ ANAHEIPI CITY PLANNING COMMISSIOtJ
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PC85-75
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF' ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Cornmission, do hereby certify that the foregoing resolution was passed and
adopted at a meetin4 of the Anaheim City Planning Commission held on March 18,
1985, by the followin9 vote of the members theteof:
AYES: COMbiISSIUNERS: BOUAS, BUSNORE~ F12Y HERBST, KIt7C, LA CLAIRE,
MC BURNEY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, Z have hereunto set my hand this 18th day of
March, 1985.
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SECRETARY, ANAHEI~1 CITY PLANNING CO[4MISSION
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PC89-75