Loading...
2001-304RESOLUTION NO. 2001R-304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2001-04460. WHEREAS, after a request for variance was received to permit and retain the existing accessory outdoor storage of trucks and trailers and a 6-foot high wrought iron fence within the required front yard setback of an industrial property in the ML (Limited Industrial) Zone, a public hearing before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2001-04460 was granted, in part, covering the following described property- THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, DESCRIBED AS FOLLOWS: PARCEL 1: THE WESTERLY RECTANGULAR HALF OF VINEYARD LOT "G-l", AS SHOWN ON THE MAP OF ANAHEIM RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 2: THE WESTERLY RECTANGULAR HALF OF VINEYARD LOT "H-I" AS SHOWN ON THE MAP OF ANAHEIM RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. PARCEL 3: THAT PORTION OF WATER STREET, BEING A 16.50 FOOT WATER ALLEY, LYING BETWEEN THE WEST HALF OF THE VINEYARD LOTS "G-I" AND "H-I", AS SHOWN ON A MAP OF ANAHEIM RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, AS SAID WATER STREET WAS VACATED AND ABANDONED BY RESOLUTION NO. 63R-954 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 17, 1963 IN BOOK 6849, PAGE 15 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA SAID PORTION BEING BOUNDED EASTERLY BY THE NORTHERLY PROLONGATION OF THE EASTERLY LINE OF THE WEST HALF OF SAID LOT "H-I" AND WESTERLY BY THE NORTHERLY PROLONGATION OF THE WEST LINE OF SAID LOT "H-I"; WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings- 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that- 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted to permit and retain the.existing accessory outdoor storage of trucks and trailers and a 6-foot high wrought iron fence within the required front yard setback of an industrial property in the ML (Limited Industrial) Zone on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code- -2- Sections 18.06. 050. 030. 031 - Minimum number of parking 18.06. 080 spaces. 18.12.030.110 (592 spaces required; 292 spaces proposed and concurred with by the City Traffic and Transportation Manager ) Sections 18.12. 060. 090 18.61.063.010.012 and 18.61. 064. 020 - Maximum fence heiqht. (no fence permitted in front 10- foot setback adjacent to a "collector" street and 3-foot high fence permitted between 10 and 25 feet from the street right-of-way; 6-foot high fence existing and proposed immediately adjacent to South Street) That said variance be granted subject to the following conditions' 1. That all air conditioning facilities and other roof and ground-mounted mechanical equipment shall be properly shielded from view from any public right-of-way or adjacent property. Such information shall be specifically shown on the plans submitted for building permits. 2. That granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this variance to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 4. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to installation of such gate. -3- 5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 7. That no "small car" or "compact" parking spaces shall be permitted. 8. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 9. That the proposal shall comply with all signing requirements of the ML (Limited Industrial) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 10. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 through 3, as conditioned herein; provided, however, that the six (6) foot high wrought iron fence shall be relocated to the rear of the landscaped planter along South Street, which landscaped area is approximately eight (8) feet deep, and that the fence may curve around the six (6) existing light standards in the planter. 11. That within a period of three (3) months from the date of this resolution, the petitioner shall submit a plan to the Planning Department for review and approval showing the wrought iron fence as proposed to be relocated in the landscaped planter along South Street. Subject to concurrence by Planning staff, relocation of the fence may be adjusted to accommodate equipment in the planter, such as irrigation sprinkler controls, and existing landscaping in the planter may be relocated to accommodate the fence. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 12. That within a period of six months (6) from the date of this resolution, Condition No. 10, above-mentioned, shall be complied with. 13. That approval of this application constitutes approval of the proposed request only to the extent 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 -4- other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable 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 FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this llth day of December, 2001. MAYOR OF THE CItY OF ANAHEIM ATTEST- C~~ ~CL%R~/O~' ¥~E ~ITY OF ANAHEIM 42918.1 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2001R-304 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 11th day of December, 2001, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None / ~~'~1'~ CEE-RK OF T~-E'ClTM OF ANAHEIM (SEAL)