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PC 78-94;} - '_J RESOLUTION N0. PC78-94 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3009 BE GRANTED. WHEREAS~ the Anaheim City Planning Cammisston did receive a verified petition for Variance from ROBERTSHAW-FULTON CONTROLS CO.. 17~f Byrd Avenue, Richmond. Virginia 23261, owner, and VERNON MONROE, 2218 Sequota Avenue, Anaheim, CalTfornia 92801, agent, of certain real property situated in the City of Anaheim~ County of Ora~ge, State of California. described as foilows: A portion of Lot 2Q of Tract No. 190, City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in book 23. page 50, Miscellaneous Maps, records of said Orange County, bounded as follows: On [he west by a line parallet wlth the east line of Section 22, in 7ownshlp 4 South. Range 10 West. San Bernardino Base and Neridlan, and distant westerly 1008.00 feet therefrom, msasured a[ right angles; on the south by the north line of the south 175 feet of said lot 20; on the northeast by the northeasterly boundary of the land ~onveyed to Leo Frcedman by deed recorded June 1. 1955. 1n book 3088, page 167, Official Records. in the office of the County Recorder of said Orange County, and o~ the north by tha north line of sald Lot 20. 1lHEREAS~ the City Planning Cocamissi~n dId hoid a P~~oticeeaofn~saidthpublTc Hatl in the Clty of Anaheim on May 8, 197a. at 1:30 p.m., hearTng having been duly glven as required by law and Tn accordanct with the provlslons of the Anaheim Municipal Code, Chapter 18,03. to hear and consider evidence for and against said proposed vartance and to inves[igate and make findings and recommendatlons Tn connectton therewith; and WHEREAS~ said Commission, after due inspection~ lnvestTgation and study made by itself and in its behalf, and after due consideration of all evldence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes a waiver of th~ following to construct an industrial canplex: Section 18.6/.068.020 - Re ulred site screeni~ . - oot hi h block wall sequired; none proposed 2. That the above-mentioned s~alver is hereby granted on the basis that the petitioner demonstrated that a hardship exfsts in that the RS-A-43,000 zoned property along Nhfch a block wall is requlred is a Souther~ CalifornTa Edison Company easem~nC on whlch a conditional use permit has bee~ granted for a wholesale plant nurse~y and, furthermore, it is unlikely that sald RS-A-43,000 zoned proporty Hil) ever be developed residentially; and~ therefore, a block wall is not necessary. 3, That the above-mentioned walver is hereby petltloner's stipulation to reallg~ the drTveway accesses on accardance with the requirements of the City Traffic vehTcular circulatlon along Clementine Street. granted subJect to the Clementine Street, in Engineer to provide safe PC i 8-9~+ 1 4. That there are exceptional or extraordinary circumstances or conditlons applTcable to the property Involved or to the tnt~nded use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 5. That the requcsted variance is necessary for the preservation and enJoyment of a substantia) property right possessc~l by other property in the same vicinity and zone, and denied to the property In question. 6. That the requested variance will rsot be matertally detrimentel to the public welfare or tnjurlous to the proper[y or improvements in such vicinity and zone in which the property is located. 7. That no o~e indica[ed thetr presence at sald public hearing in opposTtion; and that no correspondence was recetved tn opposttion to the subject petition. ENVIRONMEPITAL IMPACT FINDING: 7hat the Anahelm City Planning Comnlssion has revTewed the subJect proposal to reclassify the zoning from RS-A-43~000 (Residential/Agricultural) to ML (Industrial, Limite.d) on an irregularly-shaped parcel of land consisting of approximately b.2 acres having approxfmate frontages of 340 feet on the south sfde of Alro Way, 530 feet on the west side of Manchester Avenue, 440 feet on the east side of Clemen[tne S[reet and further described as 1601 Clementine Street. to construct an lndustrial camplex wlth waiver of required site screening; and does hereby approve the Negattve Declara[ton from the requirement to prepare an environmenta) impact report on the basis that [here rauld be no significant individual or cumulative adverse env(ronmental impact due to the approval of thls Negatlve Declaratton since tho Anaheim General Pia~ designaees the subJect property for a transitional area betwe-n cafnerctal-recreation and industrial land uses commensurace wTth che proposal; Lhat no sensttive environmental impacts are involved in the proposal; that the initial Study submitted by the petTttoner indTcates no sig~iftcant indtvidual or cumulative adverse envlronmentai impacts; ar~d that the Ntgative Declaration substantiating the foregoing findings Ts on file in the City of Anaheim Planning Department. NOW, THEREFORE, BE IT itE50LVED Chat the Anahelm City Planning Commissfon does hereby grant subJect Peti[ion for Variance. upon the follorring conditlons whlch are hereby found to be a necessary prerequisite to the proposed usc of the subject property in order to preserve the safety and general welfare of the Cittzens of [he City of Anaheim: i. That [his Varlance is granted subJect to completion of Reclassification No, 77-73-58~ now pending. 2. That subJecC property shall be developed substantially In accordance with plans and specifications on file wtth the City of Anaheim marked Exhibit Nos. 1 through 5; provTded, however, [hat the driveway accesses along Ciementine Street shall be constructed in accordance wlth [he requirements of the City 7raffic Engineer. BE IT FURTHER RESOIVED that the Anahetm City Planning Commission does hereby find and determine that adoption of thls Resoluttort is expressly predicated upon applicant's compliance with each and a1.1 of the condltlons hereinabove set forYh. Shouid any such condition, or any part thereof~ be declared invalid or uneeforceabie by the final Judgment of any court of competent )urisdtction. then this ResolutTon~ and any approvals hcretn contained, shall be dcemed null and vald. -2- PC78-94 ~ , • , ~ , ( ~ : 1978. THE FOREGOING RESOLUTION is signed and approved by me this 8th day of May, P07EP0 ANANEIM CI1'Y PLANNING COMhi5510N ATTEST: ~~_ ~ ~1.~..,~:. SECRETARY~ ANAHEIM CITY PLA~INING COMMISSION STATE OF CALIFORFIIA ) COUN7Y OF ORANGE ) ss. CITY OF ANANEIM ) I, Edith L. Harris. Secretary of the Anaheim City Planning Commission. do hereby certtfy that the foregoing resolu[lon was pESSed and adopted at a meeting of the Anaheim City Pianning Commission held on May 8~ 1978, at 1:30 p.m.~by the following vote of the members [hereof: AYES: COFIMISSIQNERS: BARMES, DAVIQ, NERBST~ Y.t~~C NOES: COMMfS510NERS: NONE ABSENT: COHMISSIONERS: JOHNSON~ LINN~ TOLAP, IN WITNESS 4MEREOf, 1 have hcrtunto set my hand this 8th day of May, 1978. ~d.~~~ .~° ~ECRE~AR , ANAHEIM CITY PLpNNING COMMISSI4N -3- PC78-94