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PC 78-119r RESOLUTION N0. PC78-119 A RESOLUTION OF THE ANANEIM CITY PLANNING COHt115510N THAT PETITION fOR VARIANCE N0. 3~16 BE GRAFlTED, IN PART WHEREAS, Che Anaheim City Planning Commission did receive a verifted PctTtion for Vartance from RICHARD C. AND ANlCE L. CRUM~ 142a Aorth StatP Coliege Boulevard, Anaheim~ California 92806, owners, and DAhI L. P,OWLAND L ASSOCIATES, IHC., 1000 West La Patma Avenue, Anaheim. California 92801~ agent, of certain real property situated in the City of Anaheim, County of Orange, State of California descrtbed as: That porti~n of the North half of Lot 7 of ihe Golden State Tract No. 2, tn the Cfty of Anaheim, as per map recorded in Book 4, page 69 of Miscellaneous Maps, in the offTce of the County Recorder of said County described as foilows: Beginning at a poin[ North 89 OG' 00" Nest 53.00 feet from the Southeast corner of thc North half of sald Lo; 7. said corner befng on the monumented center line of Cypress Avenue; thencc North 89~ 06' 00" West 26q.j3 feet along said South line; thertce 11o~•th 0° 00' S0" East 3z0.39 feet parallcl with the East line af s~id Lot 7 to a line parallel with and Southeriy 10.00 fcet Trom the ldorth linc of Lo[ 7; Lhence South 8~0 06' S5" East 257.51 fcec along said parallel Ilne [o a polnt 5outh 89~ 04' 07" East 596.34 feet froce the West line of said Lot 7; thence South 44° 33' 02" East 21.38 feet to a line parallel wtth and uesterly 50.00 feet `rom said center line of Cyaress; thence South 0° 00' S0" West 257.63 fcet parallel with said center line; Yhence South 3° 3°' SO" uest 47.09 feet to the polnt of beainntng, NFIEREAS, the Ciiy Planning Cor~mission did hold a public hearing at the City Hall in the City of Anaheim on June 5~ 1~78, at i:3~ p.m., no:ice of said pubiic hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and agaT~st said proposed varfance and to investigate and make findings and reca:r~eRdsttorts in conrtectiort therewith; and ti~EREAS, said Camtssion~ after due Inspection, investigation and study made by itself and In its behalf, and arter due consideration of all evidence and reports offered at said hearing, does find and determine the foTlowing facts: 1, That the petit~oner proposes a waiver of the following to construct a warehouse and general office add([ion: (a) SECTION 1$.51.063.011 - Mlnimum fron[ setback. 50 eet requlred; 10 to 2k-1/2 feet proposed) (b) SECTION 18,61.066.032 - Minimum landsca in tm rovement of parkln area, 1 tree pe~ 10,000 square eet requ red none proposed) 2. That the proposed walver (a) is hereby granted on the basts that the exlsting~ non-conforming structure was built prior to annexation to the City of Anaheim in accordarce wTth Ccunty of Ora~ge standards and is located in close proximity to the city limits of Fullerton which city does not require a 50-foot PC78-119 butlding setback; that other exis[ing non-conforming structures have been developed with similar setbacks; that the wtdening of State Colle9e Boulevard further reduced the front setback area; and that the proposed plan provides a better sy~tem of interior circulation and parking. 3. That the proposed walver (b) fs hereby denied on the basis that the petitioner stipulated at the public hearing to comply with zoning code requirements pertaining to the mfnimum landscaping improvement of parking areas visible from State College Boulevard and the Riverside Freeway. 4. That there are exceptional or ettraordinary circumstances or conditions applicable to the property involved or to the intended use, as granted, of the property that do nct apply generally to the property or class of use in the same vicinity and zone. 5. That the reque5ted vartance, as granted, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 6. That the requested vartance, as granted, wfli not be materially detrimental to [he public welfat•e or injurious to the property or improvements in such vicinity and zone in which [he property is located. 7. That no one indica[ed their presence a[ said public hearing in opposition; and that no correspondence was received i~i opposition to the subject petition. ENVIRONMENTAL IIiPACT FINDING: That Lhe Anaheim City Planning Commission has reviewed the subject project [o construct a warehouse and general off(ce addition with waivers of minimum front setback and minimum landscaping improvement of parking areas on a rectangu!arly-shaped parcei of land consisting of 1.9 acres located at the southwest corner of Via Burton Street and State College Boulevard having approximate frontages of 265 feet on Che south side of Via Burton Street and 320 feet on the west side of State College Boulevard; and dces hereby approve the Ne9ative Declaration from the reaulrement to prepare an environmental impact report on the basis that there would be no significant tndlvidual or cumula[ive adverse er.vironmental impact due to the approval of ihis Negative Declaration since the Anaheim General Plan designates the subject property for general industrial land uses commensu~ate with the proposal; that no sensitive environmental impacts are involved in the proposal; that the Initial Study submitted by the petitioner indicates no significant individual or cumulative adverse environmental impacts; and that the Negative Declaration substantiating the foregoing findings Is on file in the City of Anaheim Planning Departmen[. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planntng Commtssion does hereby grant~ in part, subject Petitton for Variance, upon the foltowing co~ditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That s[reet lighting facilities along State College Boulevard shall be installed prior to the final butlding and zoning inspections unless otherwise approved by [he Director of Publtc Utt!ities, and in accordance with standard speciffcations on file tn the Office of the Director of Public Utilities; and/or that a bond, certificate of deposit, letter of credit, or cash, in an amount ai~d form -z- Pc~a-~i9 ..- ~ ~ satisfactory to the City of Anahelm shall be posted with the City to guarantee the installation of the above-mentioned requlrements. 2. That the owner(s) of subJect property shall pay to the Clty of Anaheim the sum of three and one-half dollars (53.50) per front foot along Vla Burton Street for street lighting purp~ses. 3. That subJect property shall be ~eveloped substantially in accordance with plans and specifications on tile ~alth the Gity of Anaheim marked Exhibit Nos. 1 through 4; provided~ however, that landscaping shatl be provided, as required by Code in the parking areas visible from State Coilege Boulevard and the Rtverside Freeway. 4. That Condition Nos. 1 and 2, above-mentioned~ shall be compited with prior to the cammencement of the activity authorized under this resolution. or prlor to the time that the building permit is issued, or withln a perlod of one year from date h~reof, whichever occurs ftrst, or such further time as the Planning Commission may gran[. 5. That Condition No. 3. above-mentioned, shall be complied wlth prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the Anahelm City Planni~g Commission does hereby fi~d and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the condiclons hereinabove set forth. Should any such condition. or any part thercof, be declared tnvalid or unenforceabie by the final judgmeni of any court of competent Jurisdiction. then this Resolution. and any approvals he~ein contained, shatl be deemed rull and void. THE FOREG011IG RESOLUTION is signed and approved by me this Sth day of June 1978. ~~~~~G~f'..~ C~fAiRMAPJ~ ANAHE~M CI~Y PLANN~NG COMMISSION AiTEST: 6~t.Gk. oC ~•~•, 5ECRETAR~ ANANEIM CI~ LANNING COMMIS510~! STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I~ Edith L. Harris, Secretary of the Anaheim City Planning CommTssion, do hereby certify that the foregoing resolutton was passed and adopted at a meeting of the Anaheim ~ity Planning Commission held on June 5. 1978. at 1:30 p.m., by the following vote of [he members thereof: fiYES: COMMISSIONERS: BARNES, DAVID, HERBST~ JOHNSON, KING, LINN~ TOLAR NOES: COMMISSIONERS: NONE ABSENT: COF1~iISSI0NER5: NONE IN WITNE55 WHEREOF~ i have hereunto set m~ hand this 5th day of June, t978• ~~~1 ~C•° 1~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC78-119