Resolution-PC 97-76.~
RESOLUTION N0. PC97-76
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R RESOLUTION OF THE ANAHEIM CiTY PIANNING COMMISSfON
THAT P'ETITION FOR VARIANCE N0. 4301 BE GRANTED
WFiEREAS, the Anaheim Ciry Planning Comm9ssion did receive a ver'rfied Petftion for Variance for
certain real property s8~atecl in the City of Anaheim, Count~ nf Orange, State o` Cal'rfornia described as:
PARCELS 1 AND 2, AS SHOWN ON A MAP FIIED IN BOOK 129,
PAGE 1~ OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, C,ALIFORNIA
WHEREAS, the City Planning Comm(ss~on did hold a public hearing at the Civic Center in
the Ci2y of Anaheim on June 23, 1997, at 1:30 p.m., not(ce of said public hearing having beo.n duly gNen
as required by law and ~n accordance with the proti4sions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and agatnst said proposed variance arid to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, satd Commission, afte~~ due fnspection, investigation and study made by icself
and in its behalf, and after due consideration of ali evidence and reports offered at said hearing, does iind
and determine the fol~owing facts:
1. Tf~at the petftioner proposes waivers of the following to construct a private off-site
ernployee parking lot for a regional material recovery facility and an adJaaent aluminum parts manufacturer,
and temporary Caltrans employee anci contractor pa~king:
{A} Sgctions 18.04.060.050 -
090 Minimum r~ark~na lot landscaaina.
~ parking lot trees and 7 landscaped p~anters containing 7
and 18.t 10.060. addftlonal trees separating every 10 spaces required; 5 parking Iot
tr2es and nu landscaped plante~s proposed)
(B) e 21ar+~1~0E~ 1Q0.10Q1 - Permitted encroachments into reaufred vards.
h fence permitted in mir~imum 10 foot front
(nch hi
36
9
-
(maximum
setback along arterial highways and freeway frontage roads;
6-foot hfcth fence set back 5 feei from La Palma Avenue and La
Mesa Avenue proposed)
(C) SeciEons 18.04.QS0.050.0~ - Mlnimum landsca^°~ ~°fwack adlacent to an
ae ro~d
t
f
18.11~.060.039A9t?2(b) .
a
ron
arterial hiahwav and a freeway
and 18 110 060.090.0903(C)
{U) Sections 18.04.043 - Permitted encr~~hments into reauired r s.
~nd 18110.060.090.100
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2. That the above-mentioned waivers are hereby granted on basis that there are speciat
circumstances applicable to the property such as size, shape, [opography, location and surroundings which
do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning
Gode deprives the property of privileges enjoyed by other propertfes !r the identical zone and classffication
in the vicinity.
3. That there are exceptional or extraordlnary circumstances or conti~ions applicable ta
the ~roperty invoived or to the iMended use of the properry that do not apply generaUy fo the property or
class of use in the same vicinity and zone.
4. That the requested variance is necessary ior the preser~ation and enjoyment of a.
substantial properry right possessed by other property fn the same vicin'rty and zone, and denied to the~
property in quesiion.
6. That the requested varfance will not be materially detrimental to the public welfare or
Injurious to the property or fmprovements in such vici~iity and .zone in which the property Is located.
6. That no one irniicated thelr presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petttion.
GALIFORNIA ENVI~tO'NMENTAL QUALITY ACT FINDIPIG: That the Anaheim Ciry Planning
Commission has rev(ewed the proposal to construct a private off-site employee parking lot for a regfonal
material recovery faciliry and an adjacent alumfnum parts manufacturer, and temporary Caltrans employee
and contractor ~arking on a irregulart~p shaped 1.2-acre property located at the southeast con-~er of La Palma
Ayenue and Blue Gum Street, with frontages of 155 feet on the south side of La Patma Avenue, -320 feet on
the east side of Biue Gum Street, and 158 feet on the north side of La Mesa Avenue (1070-109U NoRh Blue
Gum Street); and does hereby approve the NegaCve Declaration upon finding that the dec~aration reflects
the independent Judgement of the lead agency and that ft has considered the Negative Declaration togather
with any comments receNed during the public review process and further finding on the k~asis of the lnitiai
study and any comments received that there is no substanY~al e.vidence that the projer,4 wiil f~ave a significant
effect on the environment.
1. That a parking lot (s a permitted use in Development Area 1 A(Inc3ustrial Area Recycling
Overtay Area) of Speciflc Plan No. 94-1 (Nartheast Area Saecific Plan);
2. That tliere are special cfrcumstances applicabie to the property consisting of fts
location and surroundings which do not appl~ to other identically zoned properties in the vicinfty;
3. That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity;
4. That waiver (a) for minimum parking lot landscap(ng pertains oniy to the Iocation of
the landscaping and that landscapln~ wiil be provided along the east property Iine where ne landscaping
i~ required to comper,sate for the lack of landscaped planters and trees in the interior of the Froperty; and
that strict enforcement of this Code requfre~ment ~couid decrease the total averall landscaping of tha property;
5. That the waiver (b) for permitted encroachments into required yards is not for a solid
structure or fence, but ior a decoratNe metaS fence whh w(dely spaced masonry pilasters which provide
securiry for the vehicles parfced on sfte whie allowing full visibility onto subJect property; and that the
prcposed fence is aesthetically pleasing and will not interfere with the placement or visibflity of the proposed
landscaping of the sfte;
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6. That v~afvers (c) and (d) are hereby deniod on the basis that they were eliminated
folfowing publ(c natificat(on; and
NOW, THEREhORE, BE IT RESOLVED that the knahelm Ciry Pianning Commiss(on does
hereby grant subject Petftion for Variancs, upori'the following c~nditlons which arg hereby found to be a
necessary prerequfsite to the proposad use of the subJect property in order to preserve the safety and
general welfare of the Citizens of the City of F:siaheim:
1. That ihis approval is contingent upon flnalization of an amendment to the Owner ?articipation
Agreement between the Ctty of Anaheim, the Anahefm Fledevelopment Agency and Taarmina Industries
Inc.
2. That the approprfate drainage assessmeni tees shall be paid ia an amount as established by Cfty
Council resolution.
3. That prlnr to grading plan approval, the developer shall submii a v~ater quality management ptan
(WQMPj specifically klentifyfng tho best management praciices that will be ~used or~ site to control
pred(ctable polluG3nts from storm water runoff. The WQMP shall be submitted to the Public Works
Department, Development Services Divislon, for review and approval.
4. That the parking lot shail be restricteti for use by passenger vehicles that can be parked within one
parking space ar.d that parking Iarge commercial veh(cles and rolling-stock storage shail not be
permitted.
5. That the drfveway gates shall remafn open at all times when the parking lot is in use.
6. That gates shall not be installed across any drbaway (n a manner which may adversely affect veh(cular
traffic in the adjacent publfo streets. Installation of any gates shall conform to Engineering Standard
Plan No. 609 and shall be subject to the review and approval of the Ciry Traffic and i'ransportatlon
Manager.
7. That plans shall be submitted to the Ciry Traffic and Transportation Manager for review and approval
show!ng conformance wfth the la-est revisions of Engineering Standard Plan Nos. 436 and 602
pertaining ta parking standards and driveway locations. Subject property shall thereupon be developed
and mainta(ned ln conformance with safd plans.
6, That all driveways shall be constructed with ten (10) foot radius curb returns as required by the Ciry
Engineer in conformance wfth Engineering Standards.
9. That sidewalks shall be constructed along La Palma Avenue, Blue Gum Street and La Mesa Avonue
in conformance with Public Works Standard No, 110. A Right-of-Way Constructlon Permft shall be
obtained from the Public Wor{cs Department, Development Services Division.
10. That the subject property shall be developed substantially in accordance with plans and specffications
submitted to the Ctty of Anaheim by the petftioner and which plans are on file with the Pianning
Department marked Exhibit Nos. t and 2, and as conditioned here(n.
S 1. That any s(gns shall be subject to the prior appruval by the Plann(ng Commission as a"Reports and
Recommendations' item.
~_ PC97-76
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12. That prior to gradfnc~ plan ~¢proval, Conti~Cion Nas. 2, 3, 6 and 7, above-rnentioned, shali be com~li~zd
wlth. Extensions f~r furt'hw.r time to complete sa(d conditions may be grarrt+ed in accordance with
Section t$.D3.0913 af the ~Ar~aheim Municip2l ~;ud°•
13. That prior to corromenCem$nt r~f t'he actlvity u:ithorized by this resoiutfon or wfthin a p~riai of one (1)
year froRn the date of this resolution, which~ver occurs first, Condition ~Jos. 1, Fi, 9 and 10, abaWe-
m~entiorn~ec9, shall be com~lied with. Lxtensions fa.r further'time to ~omptete safd c4ndit(nns may be
granter6 in accondanc~, ~wftl~ Section 78.03.090 of'the Ar~ahefm Municipa! Code.
14. That approvai of this a~p~icacion constltutes approval nf the proposed ret~uest onty to thQ ex:ent that
~t compil~s vuith ths rlnahaim Munfcipal Zoning Code ~nd any nther applicable Giry, State nd Fecieral
regulations. Approval do2s not include any action or flndings as to compilance or approval of the
request regard'ng any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOWE{7 that ihe Anaheim City Planning Corramissior~ does hereby flnd
and deterrnine tha't adopYion ~af this Resotution is exaressly p-edicated upen applicant's compllanae wfth
each and all of the canditions hereinabove set forth. Should any such cor~lltion, or any part thereof, be
dedared fnvalid or unenforceable by the final judgment of any c~ourt of competent fUrisdiction, then this
Resolution, and anY approvals harefn contained, shal! be deemed null and vaid.
THE FOF4EG01~1G RESOLUTION was adopted at the Planning Commission meetlnc~ of
June 23, 199~. ~~
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C.!>/.Gc,t-~ ~ -~'~~'t'~~ r
CHAIfiPERSI~N, ANAHEIM CITY PLANNING COMMISSION
ATfEuT: ;'
~~,t.frt ~ 4 1 m~
SECRETARY', / AHEIM C1TY PLANNING COMMISSION
I
STATE OF CAUFORNIA )
~OUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Sdorio, Secretar/ of the Anahe(m ~ity Planning Commission, do hereby certKy
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commissio~~ held on June 23, 1997, by ths foltowing vote of the menbers thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSl'UN, BRISTOL, HENNINGER, MESSE, PERAZA,
NOES: COM~.AISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER
VACANCY: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this,~~ day of ^ ~
1997.
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SE REfAR , ANAHEIM CITY PIANNiNG COMMISSION
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