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Resolution-PC 97-156~ ~ RESOLUT[ON NO. PC97-15G A RESOL~T PETITION FOR VARIANCE NO. 43 8 HIE GRAN'I'EDSION WHEREAS, the Anaheim City Planning Commission did reccive a vcriGed Petition for Variance for certain real properry situatcd in the City of Anaheim, Counry of Orange, State of California described as: PARCEL A: pARCELS 1 ANB 3, IN THE C1TY OP ANAHEIM, AS SHOWN ON OFF CE OF THE COUNTY~RECORDER OF SAED C UNTY. THE PARCEL B: ALL OF PARCEL 1, iN THE CITY OF ANAI-IEIM, AS tiI-iOWN ON A MAP FILED IN BOOK 11, PAGE 38 OF PARCEL MAPS, iN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PURTION OF SA.ID LAND LYING WITHIN PARCEL 1, 2 AND 3 OF THAT CERTAIN PARCEL MAP FILED 1N BOOK SG, PAGE 25 OF PARCEL MAPS, 1N THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: AN EASEMENT FOR INGRESS AND EGRESS AND FOR THF TURNING AND MANEUVERING OF TRUCKS AND OTFiER VEFIICLG~, OVER TFIE WESTERLY 24 FEET OF PARCEL 2, IN THE CITY OF ANAHEIM, AS tiH N THE OFFICE OF T3-IE CQUONOTY SG, PAGE 25 OF PARCEL MAPS, RECORUER OF SAiD COUNTY. WHEREAS, thc Ciry Planning Commission did hold a public hcaring at thc Civic Ccnlcr in thc City of Anuhcim on OctoUcr 27, 1997, at 1:30 p.m., noticc of said public hcaring havi~SChapt~rul8A'3cto as rcquircd by ~aw a~d ~n accordancc w~th thc pr~rvisions of thc Anahcim Municipal Codc, hcar and considcr cvidcnce for and against said proposcd variancc and to invcstigatc and makc findings and rcc~mmcndatians in conncction thcrcwith; and WHEREP+S, said Commission, aftcr duc inspcction, invcstigation anJ study madc by itsclf and in its bchalf, and aftcr duc considcration of all cvidcncc and reports offcred at said hcaring, docs tind and dctcrminc thc following facts: 1. Th:it thc pctitioncr proposcs waivcrs of lhc foilowinb to cstablish a 1a-parccl industrial subdivision: c~rtion ]$G10Ci3•Ol:i - Minimum structural s~~etback •bu in ' I <<c~~• ) ~~~ 5 fcct rcquircd alon Babbitt Avcnuc; 3 fc t ro oscd pC97-156 -1- CR3094PL.WP ~ ~ (b) Sections 18 06.050.022G - Minimum number of narkin~ snaces. 18.(Ki.050.031 93 s acc required for Parcel 1, 59 proposed; and 18.Ofi.O 0 4 s aces required for Parcel 2, 43 proposcd) and 18 61.(K~6•O50 2, That waiver (a), minimum structural setback abutting a local street, is hereby approved on the basis that. there are special circumstanccs applicable lo the propcrry consisting of its location and surroundings, which do not apply to othcr identically zoncd properties in the vicinity; 3, That waiver (a) is hercby approved on the basis that strict application of the 'l.oning Code deprives the property of privilcges cnjoyed by othcr propcrties under identical zoning classification in the vicinity becausc strict application woald deny the property of the ability to improve the cxterior [acades with architeclural embcllishments which will not add (loor arca to the building; 4. That waiver (b), minimum numbcr of parking spaces, is hereby approved because the numbcr of proposed spaces has bcen substantiateJ by a parking sludy preparcd by a rcgistercd traffic cn~inecr (KatG Okitsu & Associates); and that the City Traffic and Transportation Managcr has rcviewed the study and determined that thc parking supply is adcquate [or thc projcct as designcd; 5. That thc parking study indicatcs that the parking dcmand for off-street parking spaccs is lowcr than thc quantiry providcd on all thc parccls; and that although [hcre is a comfartablc surplus on all ~,arcels cxccpt Parccl 1, howcvcr additional stalls can bc providcd by striping along the wcsl property linc and this arca is alrcady uscd for parking on an in[ormal basis; ~, That thcre is a modest demand for omstrect parking in thc project arca; however, such vchicles can bc accommodatcd readily in off-stree! parking arcas; 7. Thal thc proposcd projcct will not causc any signiGcant dcmand for on-strcet parking spaces; howevcr, limitcd on-strcet parking will likcly continue due to convenicncc unless on-s[rcct parking is prohibited; 8. That the proposcd projcct will not causc any demand for parking on private propcrty in the vicinity and an adcquale supply of parking is providcd on cach parccl, and all parcel-related parking is cxpcctcd to occur on cach individual parcel; 9, That the amount of parking dcmanJ forccast [or cach parccl is well within thc supply provided on each parccl; and that traffic and parking congcstion will not occur because thc overall demand [or parking at thc projcct is lowcr than the amount of parkin6 proviJcd; and that a surplus of parking spaces is cxpccted to cxist on the project site at all timcs; 10. That thc proposed projccl will not impcdc vchicular ingress or egress bccause the project is not always expected to result in increascd demand for on-strcet parking in the vicinity of any driveways or other locations in the projcct vicinity; and that sight lines and turning areas for existing driveways at public strcets will bc unaffected by parking for the proposed project; and 11. That no one indicated their presence at said public hearing in opposition; and that no correspondence was reccived in opposition ~o subject pctition. -2- PC97-15G ~. ~ Ci\LIPORNIA ENVIRGNMENTAL OUALITY AGT FiND[NG: That the Anaheim Ciry Planning Commission I~as reviewed thc proposal to establ~sh a 10 parccl mdustrial subdivision on an 11.59- acre irregularly-shaped property located on the northwcst and ~outhwest corners of Babbitt Avcnue and Sta[e College Boulevard (1500,1550, 1551, 1600, 1fi01, 1650, 1700, and 1701 East T's:~:~;h+tt Avenue and ].531 and 1551 South State College 13oulevard); and Joes hereby approve thc Negat'r,~c= Ueclaration upon finding tha[ the declazation rellects the independent judgement of the lead agency and ?)~at i[ has considered the Regative Declazation together with any comments received during tl~e public review process and further fnding on the basis o[ the initial study and any commcnts reccived that there is no substantial evidence that the project will have a significant e[fect on the envircnment. NOW, THEREFORE, BE IT RESOLVED that the Anahcim City Planning Commission does hereby grant subject Petition for Variance No. 4318, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed usc of the subjcct property in order to preserve the safely and general welfare of the Citizens of thc City of Anahcim: 1. That any [ree planted on-site shall be replaced in a timely manner in the evcn[ that it is removcd, damaged, diseased and/or dead. 2. That thc proposal shall comply with all sign requirements of the ML (Limited Industrial) Zonc unlcss sigc- waiver(s) are approvcd by lhe Planning Cornmission. 3. That plaas for a comprehensive sign program shall be submitted io the Zoning Division for rcvicw and approval by thc Planning Commission as a"Reports and Recommcndations" item. 4. That no required parking area sha!l be fenced or otherwise encloseJ for outdoor starage uses. 5. Thai sigiagc for subject faciliry shall bc limitcd to that shown on thc cxhibits submitted by thc pctitioncr and approvcd by the Planning Commission. Any additional signagc shall bc subjcct to approval by thc Planning Commission as a"Reports and Recommendations" item. 6. That t he owncr(s) o f t h e s u b j c c t pro pert y(ics) shall be responsiblc for the removal of any on-site graf6ti within twenty four (24) hours of its application. 7, That minimum onc (1) gallon sizcd vincs, on maximum thrce (3) foot ccnters, shall be planted, irrigated and maintained adjaccn[ to ali :rash cnclosurc walls visibie lo the strcet(s). This information shall be speciGcally shown on plans submitted for building pcrmits. 8. That the subject properry shall be developed subs[antially in accordance with plans and specifcations submittcd to tnc City_of Anaheim by the petitioner and which plans are on C-le with the Planning Ucpartment marked Exhibit Nos. 1 through 9, and as conditioncd herein. 9. That prior to the issuance of a building permit or within unc (1) year from the date of this resolution, whichcver occurs first, Condition No. 3, above-~ncntione~f, shall be complicd with. Extensions for further time to complete said conditions may be grantcd in accordance with Section 18.03.090 of the Anaheim Municipal Code. 10. That prior [o final building and zoning inspections, Condition Nos. 7 and 8, abovc-mentioned, shall be complied with. -3- PC97-15G ~ ~ 11. That approval of lhis application constitutes approval of the proposed request only to the excent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicablc ordinance, rcgulation or rcquirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby fend and determine that adoption of this Resolution is expressly predicated upon applicant's compliance wit.h each and all o[ the conditions hereinabove set Corth. Should any such condition, or any part th `~e f'th s declared invalid or unenforceable by thc final judgmen[ o[ any court of competent jurisdiction, Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESO~UTION was adopted at the Planning Commission meeting of October 27, 1997• ~ ~~ ' ~ Lir~.G CHAIRFERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST' ~ C ~~•~ SEC:EtET , ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COiJNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Sccretary of the Anahcim City Planning Commission, do hcreby certify that the foregoing resolution he ollov+~ 6vot~oof the mcmbcrs hc clofe Anaheim City Planning Commissior held on Oc[ober 27, 1997, by py~; COMMISSIONERS: BC)STWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES N{~~; COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER, PERAZA .25 da ot ~~~~G~ ~ IN WITNESS WHEREOF, I havc hcrcunto sct my hand this _ Y 1997. C,,~~, o.~''IJ SECRETARY NAHEIM CITY PLANMNG COMMISSION PC9'7-15G -4-