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PC 85-161~ ,-.., ,.,.. RBSOLUTION N0. PC85-161 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3493 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance from BRADFIORE REALTY INVESTMENT COMPANY, LTD., 721 Santa Monica Boulevard, Santa Monica, CaliEornia 90401, owner, and ASSOCIATED TECHNICAL COLLEGE, 1101 South Anaheim Boulevard, Anaheim, California 92805, AiTN: GEOFFRY PIIDDLETON, agent Eor certain real property situated in the City of Anaheim, County of Ocange, State of Cali£ornia described as; PARCEL A: PARCEL 2, AS SHOWt7 ON A MAP FILED IN BOOK 145, PAGES 22 AND 23 UF YARCEL MAPS IN THE OFFICE OF T:IE COUNTY RECORDER OF ORANGE COUNTy~ CALIFORNIA. PARC~L R: AN EASEh1ENT FCR INGRESS AND EGRESS OVER THAT POP,TION CF PARCEL 1 AS SHO'rIN ON A MAP FILEL IN BOOK 145, PAGES 22 AND 23 OF PARCEL MAPS IN THE OFFICE UF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SAIil EASGMF,NT BEING A STRIP OF LAND 10.00 FEET IN WIDTH~ AND hEING DBLINEATED ON SAID MAP AS "EASEMENT A". WHEREAS, the City Planning Canmission did hold a public hea[ing at the Civic Center in the City of Anahein~ on June 24, 1985, 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 ttunicipal Code, Chapter 18.03, to hear and consider evidence fuc and against ~aid pro~osed vaciance and to investigate and make findings and recommendacions in connection therewith; and WHEREAS, said Commission, aft.er due insoection, in~.e~tigntion a~~~ ~~~~i IruJc uy icseli and in its behalf, and aEter due consideration of all evidence and reports uffered at said hearir.g, does find and determine the following facts: 1. That the petitioner proposes waiver of the follouing to astablish an industrial vocational school: SECTIONS 18.05.050.0261 - Minimum number of oarkinq spacns. 18.06.080, (1168 apaces required; 252 spaces pro osed) AND 18.61.U66.050 p Z. That the above-mentioned waiver is hereby granted on the br;sis that the parking waiver will not cause an increase in traffic congestion in the immediaCe vicinity nor adversely affect any adjoining land uses and gra~tinq of the parking waiver under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of tk,e City of Anaheim. U564r PC85-161 :~ ,~, 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or cla ,s of use in tl~e same vicinity and zone. 4. That the requested variance is necessary for t•he preservation and enjoyment of a substantial property right possessed by oth~r property in the same vicinity and zone, anci denied to the property in question. 5. T::at the requested variance will not be materially detrimental to the pubZic welfare or injurious to the property or improvements in such vicinity and zcne in which the property is located. 6. Tl~at no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONMENTAL ZMPAC~ FINDING: That the Anaheim City Planning Commission has reviewed the L~roposal to establish an i.ndustrial vocational school with waiver of minimum number of parking spaces on an irregularly-shaped parcel of iand consisting of approximately 2.72 acres, having a frontage of approximately 36 feet on the south side of Palais Road, and further described as 270 East Palais Road; and does hereby approve the Negative Declaratzon upon finding that it has considered the Negative Declaration together with any comments received during the public review prccess and further finding on the basis of the initial study and any comments received thaC ttiere is no eubstantial evidence that the project will have a significant effect on t5e environment. NOW, THEREFORE, E3E IT RESOLVED that the Anaheim C.ity Plaani.ng Commission does hereby gcant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of L•he subject property in order to preserve the safety and genera.l welEace of the Citizens of the City of Anaheim: 1. That prior to issuance of a buildit~g permit, a trafftc si3n~2 ~~~eccirett~ Lee eyualing the difference between the industrial and commercial assessment fees shall tre paid to the City of Anaheim in an amount as determined by the Cit,y Council. 2• That prior to issuance of a building permit, pcimary water main fees shall be paid to the City of Anaheimo in an amount as determined hy the Office of the Utilities Genera.l Manager. 3. That the owner of subject property shali pay to the City of Anaheim a fee for street lighting along Yalais A.~ad in an amount as determined by the City Council. 4. That the owner(s) of subject access and parking agreemen norL•heast of subject property (47) parking spaces as shown agreement shall be in a form once cecorded, a copy of the Planning llepartment. -L- property shall execute and record an t pertaining to the property to the for access to and usage of forty-se~en on the plan marked Exhibit Na. 1. Said satisfactory to the City Attorney, and agreement shall be submitted to the PC85-I61 ~~ :.;,, .,. . . _.._ _ .. ~~- _ ~"' ,~~ 5. That gates shall not be installed across any driveway in a manner which may adversely affect vehicu.lar traff-ic in the adjacent public screet. Znstallation of any gates within a distance of sixty (60) feet from said public street right-of-way shall be subject to the review and approval of the City TraEfic Engineer. 6. That all lockable pedestrian and vehicular access gates shall be equipped with a"knox box" device and a digitally operated gate opener to the satisfaction of the Chief cf Police, the L'ity Fire Mazshall and the Street Dlaintenance and San;tation Divisi.on. 7. That fice sp~inklers shall be installed as required by the City Fire Marshall. 8. That trash storage areas stiall be provided and maintained in accordance with approved plans on file with the Stceet Maintenance and Sanitation Division. 9. That due to the change in use and/or occupancy of the building, plans shall be submztted to tlie 6uilding Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanirzl and Fire Codes as adopted by the City of Anaheim. The approptiate pecmits shall be obtained for any necessary work. 1.0. That the proposal shall comply with all signiny requirements of the ML zone, unless a variance allowing sign waivers is approved by the PLannin9 Commission or City Council. 11. That prior r_o the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of ninety (90) days from the date of this resolution, whichever occurs first, the owner(s) of subject property shall execute and record a covenant in a Eorm approved by the City Attorney's Office wherein such owner(s) agree not to contest the formation of a~y as~~GCmAnr dl~r•2ct(.1 :arich -ay t;ereaEtec be formed pursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates, which district(s) could include such owner's property. Faili~re to comply with this condition within the speuified time shall render this variance null and void. 12. That subject property shall be developed eubstantially in accordance with plans and specifications on file With the City of Anaheim marked Exhibit Nos. L and 2. 13. That prior to the cortimencement of the activity authorized undec this resolution, or prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. l, 2, 3, 4 and 9, above-mentioned, shall be complied with. ExEensions for further time to complete said conditions may be granted in accocdance with Section 18.03.090 of- the Anaheim Dtunicipal Code. -3- PC85-161 ; ~ ~~C~{ _ . _ .. . . , ,:~„~ :~. 14. That prior to the commencement of the activity authorized under this resolution, or final building and zoning inspections whichever occurs first, Condition Nos. 5, 6, 7, 8 ar.d 12, above-mentioned, ~hall t complied with. 86 IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such coudition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jur.isdiction, then this Resolution, and any approvals hecein contained, shall be deemed null and void, THE FOREGOING RESULUTION is signed and apptoved by me this 24th day of June, 1985. - ~' //'/ ~ / ~ ~ CHAIRMAN, ANAFI~ M CITY PLANNING COMPfISSION ATTEST: i, L~ ~ ~ ~ (O/,C~;,-t%Gi_- ~~= r (~Q/l~.c~ h f SECRETARY, ANAHEIM CITY FLANNING COMMISSIOt! STATf: OF CALIFORNIA ) COUNTY UF ORANGE ) ss. CITY OF ANANEIPI ) i, Edith L. Harris, Secretary oE thP Anaheim City Planning Cammis~ion, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 24, 1985, by the following vote of the members thercof: AYES: COMMISSIONERS: BOUAS, BUSHORF., FIF,FRSm~ klp~r~ ~~r npr~!~: NUES: COMMISSZONERS: NOIJE ABSENT: COh1F1ISSI0NERS: FRY, LA CLAIRE IN WITNESS WHEREOF, I have hereunto set my hand Lhis 24th day of June, 1985. ~ ~ ~l1.~ ~~ ~ ^ _ -s., SECRETARY, ANAHEIM CITY PLANNTNG CUMMISSION -'~- PC65-161