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PC 83-187- ~ :.~.~.~ ~ RESOLUTION NO. PC83-187 RESOLUTION OF THE ANAHEIM CITY PLAHNING COMMISSION THAT PETITIO[~ FOR VARIANCE NO. 3352 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from ROBERT A. SMITH & ROSEMARIE SMITH, 14950 La Mirada Boulevard, La Mirada, Califor.nia 90638, owners, and CLYDE CARPENTER & ASSOCIATES, INC., 2760 South Harbor Boulevard, Suite ii, Santa Ana, California 92704, agent of certain real property sicuated in the City of Anaheim, County of Orange, State of California described as: 't'HAT PORiI~1N OF THE SOUT[iEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S. B. M., IN THE RANCHO SAN JUAN CAJON THE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 MISCELLANEOUS MAPS~ RECORDS Or ORANGE COUNTY, CALIFORNIA~ DESCRIBED AS FOLLOWS: YARCELS 1 AND 2 AS SHOWN ON A MAP EILED IN BOOK o"0, PAGE 5 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. WHEREAS, the City planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 3, 1983, at 1:30 p.m,, notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim M~~nicipal Code, Chapter 18.03, to hear and consider evidence for and aqainst said proposed variance and to investigate and make fin~ings and recommendations in conneation therewith; and WHEREAS, said Commission, after due inspectioii, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports oEfered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waiver. of the following to expand an existing mini-storage facility: SECTION 18.06.OSO.C31 - Minimum number of oarkin4 spaces. AND 18.61.066.050 (304 spaces required; 23 spaces proposed) Z• That the above-mentioned waivers are hereby granted on the basis that the petitioner demonst.*.ated that a hardship exists in that the the parking variance will not cause an increase in t*affic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and that the granting of the parking variance under the conditions imposed, if any, will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 3. That there are exceational or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the propecty that do not apply genezaJ.ly to the property or class of use in the same vicinity and zone. #0061r r PC83-187 ~ j ~ ~ .-. 4. That the requested ~ariance is necessary for the preservation and enjoyment of a substantial property right possessed by ~ther property in the same vicinity and zone, and denied to the property in question. S. That the requested variance will not be materially de~rimental to the public welfare or injnri~us to the property or improvements in such vicinity and zone in which the pi•operty is locate~. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to expand an existing mini-storage facility with waiver of the minimum number of parking spaces on a rectangularly-shaoed parcel o£ land consisting of approximately 4.1 acres, located south and west of the southwest corner of Winston Road and Sunkist Street and further described as 1431 South Sunkist Street (U-StQre); and does hereby approve the Negative Declaration upon finding that it has considered the Negative Declaration toyether with any comments received during the public review process and f urther finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning C:~mmission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary pcerequisite to the proposed use of the subject property in order to preserve the safety and general welfare oE the Citizens of the City of Anaheim: 1• That all engineering requirements of the City of Anaheim along Winston Road, including preparation of improvement plans and installation of all :mprovements such as curbs and gutters, sidewalks, street grading and pavement, sewer and drainage facilities, or other appurtenant work shall be complied with as required by the City Engineer and in accordance with specifications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with tne City to guarantee the satisfactory completion of said improvements. Said security shall be posted with the City prior to issuance of a uuilding permit or approval of improvAment plans, whichever occurs first to guarantee the installation of the above-required improvements prior to occupancy. ~. That street lighting facilities along Winston Road and Sunkist Street shall be installed as required by the Utilities General Manager in accordance wi=h specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of a building permit or approval of improvement plans. The above-cequired improvements shall be instal).ed prior to occupancy. -2- PC83-187 3. That prior to issuance of a building permit, appropriate water assessment fees shall be paid to the City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 4• That prior to issuance of a building permit, the appropriate traffic signal assessme~t fee shall be paid to the City of Anaheim in an amount as determined by the City Council for new commercial buildings. 5. That prior to issuance of a building permit, the owner of subject property shall pay the appropriate drainage assessment to the City of Anaheim in an amount as determined by the City Engineer. 6. That drainage of subject property shall be disposed of in a manner sati~f actory to the City Engineec. 7. That subject property shall be served by underground utilities. 8. That prior to commencement oE structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 9. That trash storage areas shall be provided in accordance with approved plans on file witn the Street Maintenance and Sanitation Division. lU. That the propecty owner shall file and record a parcel map through the City Engineer's Office, converting the property to one lagal parcel; or that the property owner shall record a reciprocal access easement, in a form approved by the City Engineer and City Attorney, across both parcels providing that vehicular access, (other than the emergency 9ate which shall remain closed at all times) shall be solely from Sunkist Street. Said easement shall be recorded on both parcels. 11. That the proposed gate located on the northerly driveway adjacent to Winston Road be utilized for emergency access only and remain closed at all times. 12. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 3. 13. That prior to the commencernent of the activity authorized under this resolution, or prior to the time that a buildin9 permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition No. 10, above-mentioned, shall be complied with. Extensions for further r_ime to comolete said conditions may be qranted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 14. That prior to final building and zoning inspections, Condition Nos. 6, 7, 9 and 12, above-mentioned, shall be complied with. ~3- PC83-187 __.~^ BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanL's compliance with each and all of the conditions hereinabove set Yorth. Should any such condition, or any part thereof, be declared invalid or uner.forceable 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 signed and approved by me this :ird day of October, 1983. ,~s .r ~ !? ~ 1 ~'.`~ ~ 0 -% ~.~~~t.•~-~~. CHAIRMAN~ ANAHEIM CITY PLANNING COMMISSION ATTEST: _ ` SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 3, 1983, b•• the following vote of the me;nbers there of: AYES: COMMISSIONERS: BOUAS~ BUSHORE~ FRX~ HERBST, KING NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LA CLAIRE, MC BURNEY IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of October, 1383. ~~ ,~° ~,~.D SECRETARY~ ANAHEIM CITY PLANNING COMMISSION ~4 PC83-187