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PC 77-275RESOLUTIO;i N0. PCi7-27y A RESOLUTIOII OF TNE A'fAliElrl CITY PLAt~t~It~G ~ONI1ISSIOtI TIIAT PETITI011 FOR VAP,IAtJCE T~O. 257G EiE GRANTEU, IPl PART WNEREAS, the AnaheiM City Planniny Commission did receive a verif~ed Petition for Variance from DET11 ADA115, LTD., 1>t~5 uilshire Boulevard, Los Angeles, California 90017, owner, and PAI~1TIt~GS OF THE 1JORLU, 5625 Nest Century Boulevard, Los Angeles, California 90043, agent, of ccrtain real property situated in the City of Anaheim, County of Orangc, State of California, described as: TNE WEST 200.00 FEET OF TtiF,. F.AST 4ta0.00 FEET OF TfIE SOU7HEAS7 QUARTER OF TiiE SOUTtIEAST QUAR7ER OF TIiE SOUTHEAST QUARTER OF SECTIOt~ 22, TUWt~SIiIP 4 SOUTII, RN~GE 10 WEST, IN Tt1E RANCHO SAN JUAN LAJON DE SN~TA ANA, AS PER MAP RE•COP,DEU Itl BUOK 51 PAGE 10 OF Ml~CELLAt~E0U5 MAPS, It~ 71iE OFFICE OF TNE COU~JTY RECORDEF Of SAIU LOUNTY. EXCEPT THE NORTH 410 FEET THEREOF; and WHEREAS, the City Planniny Conunission did hold a public hearing at the City Hall in the City of Anaheim on December 5, 1977, at 1:30 p.m., notice of said public hearing having becn duly given as required by law and in accordance wi[h the provisions of the Anaheirn Municipal Code, Chapter 18.03, [o hear and consider evidence for and against said proposed variance and to investie,ate and make flndings and recomrtwwndations in connection therc.wi [h; and 411iEREAS, saici Connission, after due i~spection, investigar.ion and study made by itself and in its behalf, and afeer du~ considera[ion of all •~•~dence and reports offered at said heariny, does find and deCerminc the f~llowing •en [s: 1. Tha[ the petltioner proposes a waiver o! ehe foll+~r,ring to esY~blisNi an art saies f~~ility in the HI. (Industrial, Limited) Z~nc: (a) SECTI011 1E.05.06~i.0~0 - Prohibi[cd siGns. ne ~rte~e s~gn proposed; (b) SECTIOtlS 13.0;.093.045 and 1P.05.098 - Maximur,; walt si n coverage. Oc permitted; 100b ex st ng (c) SCLTIOf~ 18.OG.060.U22 - Minimum num6er of arkin s aces. 75 spaces requ red; 35 spaces existing) 2. That [he proposed Haivers (a} and (b) are hereby denicd on the basis that tt~e signs were illeyally constructed and are in flagrant and extreme violation of the Sign Ordinancc. 3, That waiver (c), to allow only 50 parking spaces, is hereby granted, in part, on the basis chat the use does not generate the necd for the required number of parking spaces and subject to petitioner's stipulation to provlde the aforementioned SO parkiny spacr.i. 4. That there are exceptional or extraordinary circumstances or condit(ons applicable to the property iniolveJ or to [fic inCended use, as gran[ed, of t~e Qraperty that do not apply gencrally to the property or class of use in the same vicin!ty and zonc. PC77-z75 5. That the reques[ed variance, as granted, is necessary for the preservation and enjoyment of a substan[ial proper[y right possessed by other property in the same vicinity and zone, and denied [o the property in question. 6. That the requcsted variancc, as granted, will not be materially detrimental to the public welfare or injurious to the proper;y or improvements in such vicinity and zone in which the property is loca[ed. 7. That no one indica[ed their presence at said public hearing in oppositton; and that no carrespondence was received in opposi[ion to the subject petition. E;~VIROtaMEt~T~L IMPACT FIII~It7G: That the Director of the Planni~g DeparCment has determined tha[ the proposed activity falls w+thin the definition of Section 3.01, Classes i, ; and 11 of tlie City of Anaheim Guidelincs to the Requirements for an Environmental Impaci Report and is, therefore, categorically erempt from che requirement to file an EIR. tJOW, TtiEREFOf.[~ DE IT RESOLVED thaf the Anaheim Citv Planning Commission does hereby grant, in part, subject Petition fer Variance, upon the following conditions whicli are hereby found [o be a necessary prerequisite Co the proposed use of the subject property in orJcr to preserve thc safety and gencral welfarc of the Citizens of thc City of Anahcirn: 1. That [he aancr(s) of subject property shall deed to the City of Anahein a fiftcen (15) foot radius propcrty line return a[ Zey~ St~•cet and f;atella Avenuc. 2. Tha[ sidewalks shall be ins[alled along Zeyn Strect as required by the City Engineer and in accc~rdance with standard plans and specifications on file in the office of [he City [nyinecr. 3. That strcet ligntiny facilitics along Y.a[i:lla Avenue and Zeyn Strect shall be installed as required by the Director of Public Utilities and in accordance wi[h standard specifications on file in the office of the Director ~f Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount and forn satisfactory tu the City of Anaheim, shall be posted with the City to guarantee the installa[ion of the above-mentioned requirements. 4. 7hat the o~rner(s) of subject proper[y sf~all pay thc siynal assessment fee difference between industrit~l and commercial use at 5333.00 per 100G square feet of buildfny or fractlon thereof. 5. That trasti storaye areas shall be provided in accordance with approved plans on file witfi the office of the Director of Public Works. 6, That subject property shall be d~veloped substantially in accordance with plans and specifications on file with thc City of Anaheim marked Exhibit ~lo. 1; provideJ, howevcr, that a ten (10) foot wide. landscaped planter stiall be provided along the s~uth property line abutting Y.atella Avenue an~ that fifty (50) parking spaces shall be provided. 7. That Condition Nos. 1, 3, ~i and 6~ above meneioned, shall be complied with prtor to the commencement of the activity authorized under this resolution, or prior to the time that thr, building permit is issued, or w(thtn a period of one year from date hereof~ whichever occurs first~ or such further time as tlie Planning Commission nay yrant. -2- NC77-275 5. Tha[ the requested varia~ce, as granted, is necessary for the prescrvation and enjoyment of a substancial property rigfit possesse~ by other property in the same vicinity and zone, and denicd [o ihe property in question. 6. That the requested variance, as 9ranicd, will not bt matcrialiy detrimental to the public wcifare or injurious to the propercy or improvements in such vicinity and zone in which tne property is located. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. El~VIROtiHENTkL IMPACT fItI01tIG: That thc Dircctor of the Planning Departmen[ has de[ermined that [he proposed activity falis within the definition of S~ction 3.01, Classes 1, ; and 11 of tiie City of Anaheim Guidelines to the Requirements for an Environmental Impact Report and is, therefore, ca[egorically exempt from the requirement to file an EIR. NOW, TiiEREFOP.E, 4E IT RESOLVED [hat thc Anaheim City Planning Lommission does hereby grant, in part, subject Petiti~~n for Variance, upon the following conditions whicti are tiereby found to be a necessary prerequisite to ihe proposed use of the subject property in order [o preservc thc safe[y anJ gencral welfarc of the Citlzens of the Lity of Anahciio: 1. That [hc aancr(sj of subject property shall dced t~ the Lity of Anahein a fiftcen (15) foot r~dius propcr[y line return a[ Zeyn Street and h:a[ella Avenue. 2. That sidewalFs shall be jn5[a11eJ alCanq Zeyn Street as required by the City Engineer and in accordancc ~~'sch scar,dar:i p4ans and specifications o~ file in the office of the Ci rv Er.~li~~er,. j, ihare str'e~~=t. ii:y, tii~,~ ia~lli[ics al~~ng ~:atella Avenue and Zeyn Street shall be 7ngt~llc~;i as re'yuir~t/ 6,- ~I1~ "Jlri'~.tcr of P~tif;;~ Uti lities and in aeeordanee with stai~~.:~ard spr_cific-~iions om Tilc in Che ~fftcc ''~- the Director of Public Utilities; and/o~ [h~C a t;"~~+ « r~IfiCdt,~~ of Jc'~:osic, letter of credit, or cash, in an amou~t ~~nd forc~ bai~is ~ actor+' "~~ th~~ C_i cp OP Ahiair?'-~Gl~ shat l be posted wi th the Li ty to guarant ~e 'hc installat ",;'^,' 'tic .a6~c~~,;-~enrt~nea rcquirenents. 4, That Lhe UYIf1r:~L.4,~ uf S•!~~~~~FLL propcrty shal) pay thc signal assessmcnt fee difference 'netHC~`n industr~.ial an~ commercial use a[ S333.00 pcr 1000 square fcet of bui Idiny or ffT': tion thcrcor. 5. Thac hrash .:~r.3ge dr~~§ shall be provided in accordance with approved plans on file with tht office of tfie Director of Public Works. 6, Tiiat subject property shall be developed substantially in accordance with plans and speciflcatEons on file with the City of Anaheim markeJ Exhibit tlo. 1; provideJ, however, that a ten (10) foot wide~ landsca~ed planter shall be provided along the soutfi propcrty linc abutting Y.atclla Avenue and that fifcy (50) parking spaces shall be provlded. 7. That Condi[ion NoS. 1, 3, ~i and 5, above mentioned, shall be complied with prior to ihe corunencement of the activity authorized under this resoluCion, or prior to thc tirie that thc building permit fs issued, or wlthin a per(od of one year from date hereof, wtiichever occurs first, or such further tine as tfie Planning Commission may grant. -Z- Pc77-~75 TNE FOREGOItdG RESOL~TiON is <_igned and approved by me this 5th day of December. 1977. /~~:~~' ~- ~-~ GIIAIRNAt~~ AtlAli IM CITY PLA~~NING COMMISSION A7TEST: ~~~-~-~ .~ ~,lu~.,~ SECP.ETARY~ ANAHEIM CITY PLAI~NII~G COMMISSIOt~ STATE OF CALIFORt~Ip ) COUNTY OF ORANGE ) ss. CITY OF ANANEIM ) I, Edith L. Harris, Secretary of the Anaheim Ci[y Planning Commission, do hereby certify [hat the foregoing resolu[ion was nassed and adopted at a meeting of [he Anaheim Ci[y Planning Commission held on December 5. 1~77, at 1:30 p.m., by thc following v~te of Lhe members ihereof: AYES: LOH111SSIOtJEP,S: DAVID, HERBST, KING, LI~~N, TOLAR 40E5: COIIMI SS IONERS: BARt~ES AEfSENT: LONMISSIONLRS: JOHtlS01~ ~977 IN W17t~L5S W1IEREOF, I i~avc; hcrcu~to set my hanJ [his 5ch day of Dacember, •C ~c~ c.G-{~ ~1 ~Vr 2-[~~ ~_ SECRETARY, At1AHEIM ClTY PLk1N1~~G COMMISSIOtI -3- PC17-275