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PC 77-81RESOLUTION N0. Pc77-8~ FESOLUTION OF THE ANAHEIM CITY PLANNING LOHMISSI~N TtiAT PETITIUN FOR VARIANCE N0. 2920 BE GRANTEU ufiEREAS, the Anahcim C(ty Plannln9 Commisslon dld recelve a verified Petitlon for Variance from ROE3ERT A. AND ROSEMARIE SMITH, 13729 East Rosecrans, Suite 202, Santa Fe Springs, California 9~G70 (Owners) and CLYDE CARPENTER AND ASSOCIATES, IUC., 292 Wilshirc Avenue, 1/105, Anaheim, Callfornia 92f301 (Agen[) of certain real property situated fn the Gity of Anahelm, County of Orange, State Qf Lalifornia, descrlbed as: PARCELS 1 AN11 2, AS SH01lH ON A MAP FILEU IN BOOY, 60 PAGE 5 0~ PARLEL HAPS, I~~ THE OFf ICE OF TIIE COUIdTY RECORDER OF SAIU COi1t~TY; and NHEREAS, the City Planniny Commission did hold a public hearfng a[ the City Hall in tlie City of Anaheim on Narch 23, 1977, at 1:30 p.m., notice of sald public hearing fiavinc~ been ciuly g(ven as requlred by law an~l in accordance with the provisfons of the Anaheim Muni~ipal Code, Chap[er 18.03, to hear and consider evfdence for and agalnst sald proposeJ variance and to investiyate and make findings and recommenda[ions In connec[lun therewith; and WIIEREAS, s~id C~mmissiun, af[er duc Inspectlon, investiqatlon and study made by itself and in its behalf, anJ after due consfderation of all evidence and reports offered at sald hearing, does flnd and determine [hc following facts: 1, Tha[ the petitloner proposes the follawing waiver from thie Anaheim Municlpal Code, to construct a minl-storage facility In the ML (ItIDUSTRIAL, LIMITED) ZO~IE: SECTION 1ft.06.OG0.036 - Minimum nurnbcr of arkln s aces. 0 spaces requ red; proposed) 2. That the above-mentioned ewalver is hereby granted on the basi5 tha[ the Pianning Lomrnission recognizes that trafflc to the si[e, as proposed to be developed, will typically be infrequen[, usually ~f short duration, and would often involve pick-ups and delivcries Cransacted i~ front of the s[orage untts and, therefore, determines thac the proposed number of desi~nated park(ng spaces is appropr(ate for the propased usc. 3. Tha[ the pet(tloner stipulated that the en[Ire property would be developed as a m(ni-storage facllity only and that deed restrict(ons will be recorded to assure that [he property is developed accordingiy, with the provlsinn that if the property is converted to othcr ML uses, it will be brought up to all the development s[andards af sa1J zone, including parking requlrements. 4. Thai there are exception~l or extraordinary circumsiancas or condittons appl(cable to ttic propcrty In~olvcd or to thc in[cnded use of the property tha[ do not apply yenerally to the property or class of u5e in the same vicln(ty and zone. RESOLUTION N0. PC77-81 5. 7hat thc request~d variarcc is necessary for the preservatlon and enjoyment of a substant{al property riyht possess2d by other property fn thc same viclnity and zone, and denieJ to the property in question. 6. ThaL 2hc requesteJ variancc will nat b~ materially detrimental to the public ~elfare or lnjurlous to ttie property or improvemeRts in such vicinity anci zone in whlch the property (s located. ]. That no one indica[ed their presence a[ said public hearing in opposition; and [hat no correspondence was received in opposi[ton to the subject petition. ENVIROtJMENTAL IMPACT FIt~UII~G: That Lhc Hnaheim City Planning Commissfonhas reviewed the proposa [o construct a rnini-s[oragc facillty with a walver of the minimum parking requlrements on approxima[ely 4.2 acres located southwest of the Intersection of Ninston Road anJ Sunkist Street, and does hereby recomrnend to [he City Council of the Llty of Anaheim the[ a Negative Declara[ion from the requ(rements to prepare an envirorimental Irnpact report be approved for the subjec[ proJect on the basis tha[ there wou1J be ~o significant indlvidual or cumulative adverse impact on the envlronmen[ due to the approval of [his Negatlve Declaratfon since the proposed parking fs adequate for [he use and the Initial Study subml[ted by tha appl(cant inJlcat~s no siyn(fican[ adverse environmentai irr~acts; and that the Negative Declaratlon subs[antla[iny the foregoing find(~gs fs on file In the Office of the Planning Depar[menc at City Hall. NOW, 7HEREFORe, D[ I7 RCSOLVEU that ,ht Anaheim LIty Planning Comnission does hereby yrant subJect Peti[lon for Variance, upon the follaying condltions wh(ch are hereby found to be a necessary prerequisite to [he proposed use of the subjec[ property in order to preserve thc safe[y and general welfare of the Litfzens of the Clty of Anaheim: 1. That all englnecriny reyulrements of the City of Ananeim along Winston Road and Sunkist Strc-e[, includiny preparation of imprc~vement plans and ins[allation of all improveme~ts such as curbs and gut[ers, sidewaiks, street gradlny and paving, drainage facllltles or other appurtr_nanc wor~;, sha11 be complied with as required by the City [ngineer and In accordance wi[h standard plans and speclflcations on file i~ the Offlce of thc City Enylneer; itiat s[ree[ liyhting facilftle~ along Uinston Road and Sun{:ist 5[reet shall be (nstalle~ a, requlred by the Directc~r of Public U[Ilitles and in accorJance witti stanJard specifications on file (n the ofPlce of [he Director of Public Utllitles; and/or [hat a bond, certificate of deposit, le[Ler of credit, or cash, in an amounk and form satisfactory [o Lhe LICy of Anaheim, shall be pos[ed wi[h tne CI[y to yuarantec the liistalla[lon of the above-mentioned requirements, as sttpulated to by [he petitloner. 2. That trash storage areas shall be provided (n accordance w(th approved plans on file wiYh the Office of the D(rr_ctor of Publl~ 4!o!ks. 3. That fire hyJran[s shall be ins[alled and charged, as required and deterrnlned to be necessary by the Chief e~f the Fire Department, prlor to cortmencement oF structural framing. 4. That subject propcrty shall bc served by underground utill[tes. `Z' RESQLUTIQN t10, PC77-Eil 5, That drafnage of subject property shall be disposed of In a manner sattsfactory to the City Engineer. 6. Tha[ [he awner(s) of subject property shall pay appropriate dralnage rcimbursement fees to che Ci[y of Anaheim as de~ermined by the City Englneer prlor to issuance of a bullding permlt. 7, Thac appropriate water assessment fees, as determined by the ~irector of Public Utilitfes, shalf be p~id to [hL City of Anaheim prlor to the issuance of a building permit. 8. That dce~ restrlctions limiting the use of Lhc subject property to a mini-storage facility shall be submitted to the City Attorney's Offfce for review and approval and che~ be rec~rded ln the Office of the Orange County Recorder, prior to the issuance of a building permi[; and, in the even[ that the minl-s:ora9e use of the property stiall terminate by mutual agrcement be[ween thc property owner(s) and the City of Anahcirn, said property shall conform to all development standards of the ML Zone, as s[ipulated t~ by thc petitioner. ), Thak subject property sliail be developed substantiallv in accordance with plans and specificatiuns un flle with the GI[y of Anaheim marked Exhlbl[ Nos. 1 tlirough 3; provlded, howevcr, that tlie subjcct property in its entirety shall be developed as a mini-storage facility, as stipula[ed to by the peti[ioner. 10. That Condi[ion No. 1, above-mentioned, shall be complled with prior to the commencert~nc of the ac[Ivity au[horized under this resolut3on, or prior to [he tirne that the building permit is issued, or within a period of one year from date hereof, whicl~ever occurs flrst, or ,uch further time as the Planning Commfssion and/or City Council may 9ran[. 11, That Lo~dition tsos. 2, 4, 5 and 3, abave-mentloned, shall be complled wlth prlor to final bulldiny ~nd tonin~ inspec[ions. Tllr FOREGOING RCSOLUTION Is slgneJ and approvcd by me this 2$th day of Narch, 1977. t ~F,i ~ I AI~AHE I M C i TY PIANN I t~G COMf1 I SS I 011 AT7EST; 5 ~ `~~~ t~F-~R.~ STA7E OF CALIFORNIA i COUI~TY OF OfiAtJGE ) ss. CITY OF ANAHEIM ) ..3_ RESOtUTlOti N0. PC77-al i, Patricia 8. Scanla~, Secretary of the ~naheim Clty Pianning Commiss;on, do hereby certify that the foregoing resolut(on was passed a~d adopted at a mee;tng of the Anaheim City Plenning Commiss(on heid on March 28, 1977, at i:30 p.m., by the followlny votc of thc rrxmbcrs thereof: AYES: COMMISSIONERS: BARI~ES, DAVID, IICROST, ~ING, MORLEY, TOLAR NQES: COMMISSIONERS: NOIJE ABSEt~T: COMHISSIONERS: JOI~tiS01J i~J WITI~E55 WHER[OF, 1 have hereunto set my hand this 23:n day o` Mar~ch, 1977. ~ .~~~i.~,aJ~ ...~J SECRETARY, ANAHEIn LITY PLANNING iOMMISSt(;N '4' RESOLUTfQN N0. PC77-81