PC 85-62RESOLUTION N0. PC85-ti2
A RESOfUTION OE' THE ANAHcIM CITY PLANNSfI~' COMMISSION
THAT P6TITION FOR VARIANCE N0. 3450 BE GRANTED
WHEREAS, the Anaheim c:ity Planning Commission 9id receive a veriYted
Petition for Variance from EMKAI DEVELOPMENT AND REAL.Ti COMPANY, INC., 1500
Quail Street, Newport Beach, Califcrnia 926G0, AT'PN: RICHARD 3MITH, owner, and
LANG-LAMPERT ARCHI•PECTS, 3i52 Redhill, Suite 200, CosLa Mesa, Califocnia
92626, ATTN; DAVID H. I.ANG, agent for certain real property si~uated in tt;e
City of Anaheim, County of Orange, State of California described as:
PARCEL 3 OF A MAP RE~ORDED IN 600K 121~ PAGES 23 AND 27
INCLUSIVE OF PARCEL i~iAPS, RECOP,Du OF ORANGE COUNTY~ CALIFORNIA.
WHEREAS, the City Flartning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on March 9, 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 Municipal Code, Chapl•er 18.03,
to hear and considec evidence for and against said proposed variance and to
investigate and make findings and recommendatiuns in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and
study made by itself and in its behali, and after due consideration of all
evidence a~d reports offered at said hearing, does find and determine the
following facts:
1. That the petitioner proposes a waiver of :he cotlowing to
construct a warehouse facility:
SECTION 18.61.U63.011 - Minimum re4uired fcont yard set:ba::K.
(50 feet required adjacent to Anaheim
Boulevard; 10 feet propose~)
2. That the above-mentioned waiver is hereby granted on the basis
that there are special circumstances applicable to the propecty such as size,
shape, topography, locatiou and surroundings which do not apply to other
identically zoned property in the same vicinity; and that strict application
of the 'LOning Code deprives the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity.
3. That there are exceptional or extraordinary circumstances or
conditions applicable to the properky involved or to the intended use uf the
property that do not apply generally to the property or class of use in the
same vicinity and zone.
4. That the caquested variance is necessary for the preservation and
enjoyment of a substantial property cight possessed by ather property in the
same vicinity and zone, and denied to the pcoperty in question.
5. That the reguested variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in such
vicinity and zone in which the property is located.
#0459r FC85-62
6. Thut no one indicated their presence at said public hearing in
opposition; and that no co[respondence was received in opposition to subject
petition.
ENVIA.ONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a warehouse facility with
waiver of minimum required front yard seCback on an irregularly-shaped parcel
of land consisting of appcoximately 0.37 acre local•ed at the southeast corner
of Pacifico Avenue and Anaheim Boulevard, and further described as 1950 South
Anaheim Boulevacd; and does hereby approve the Negative Declaration vpon
finding that it has conside[ed the Negative Declaration together with any
comments recei.ved during the public review process and further 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
enviconment.
NOW, 7'HEREFORE, BG IT RESOLVED that the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, u~on the following
c~nditions which are hereby found to be a necessary prerequisite to the
proposed use of the subject prcpecty in order to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1. That pzior to issuance of a building permit, the appropriate traffic
signal assessment fee shall 5e paid to the City of Anaheim in an
amounr_ as determined by the City Council for new industrial buiidings.
2. That the owner of subject propcrty shall irrevocably offer to
dedicace to the City of Anaheim a strip of land 58 feet in width from
the centerline of the stceet along Anaheim eoulevard for street
widening purposes.
3. That all engineering requiremenks of the City ef Anaheim along
Anaheim Boulevard and Pacifico Avenue, including preparation of
improvement plans and relocation of all improvements such as curbs
and gutters, sidewalks, street grading and pavement, sewer, drainage
and watec facilities, or other appuctenant work shall be complied
wirh as recn~;r~~ hy r-h~ C?~,y 5n~in^er ~r.d ?n accordance saith
specifications on file in the Office of the City Engir.eer; and that
security in the forn of a bond, certifica*_e of deposit, letter of
credit, or cash, in an amount and form satisfactory to the City of
Anaheim, shall be posted with Che City to guarantee the satisfactory
completion of said imorovements. Said security shall be posted with
~he City prioc to issuance of building permits, to auarantee the
installation of tlie above-required improvements prior to occupancy.
4. That sidewalks shall be installed along Pacifico Avenue as cequired
by the City Engineer and in accordance with standard plans and
specifications on file in tt~e Office of tne City Engineer.
5. That drainage of subject property shall be disposed of in a manner
satisfactory to the City Engineec.
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6. That street lighting facilities along Pacifico Avenue and Anaheim
Boulevard shall be installed as required by the Utilities Gener.al
Manager in accordance with 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, sh~l.l be posted with the
C~ty to guarant=c the satisfactory comnletion of the above-mentioned
improvements. Said security shall be posted with the City of P.naheim
prior to issuance of building permits. Tfie a~ove-reyuired
i:^orovements shali be installed prior to oc~upancy.
7• That subject property shall ~e served by underground utilities.
~. That prior to commencement of strucrural framing, fice hydrants shall
be installed and charged as required an;; determined to be necessary
by the Chief of the Fire Department.
9. That trash storage a:eas shali be prcvided and mainEai~ed in
acccrdance with approved plans on file with the Street t9aintenance
and Sanitatioa Division. Said trash sto;age area shall he located zs
far south on sub~ect proparty as possible.
10. That p~ioc tc, issuance of a buildinq permit, primary water main fees
shall be paid to the City of Ananeim, in an amcunt as determined by
the OEfice of the Utilities General Manager.
11. That all driveways shail Ge cnnstructed to accommodate ten (10) foot
radius curb returns as required by the City TrafEic Engineer.
12. That prior to the commencement of che activity authorized under this
resolutior., or prior co the time that a building permit is iasued, or
within a period of ninety (90) days from the date of this resolutior,
whichever occuzs firsc, the owner(s) o° subject propetty shall
rsecute and record a covenan*_ in a form approved by the City
Attorney's Office wherein such owner(s) agree n~t to contest the
formatiou of any assezcmcnr r~~~rictt~; ::2,ici~ Illq1 hereafter be formed
pucsuant t~ the provision~ of Development Agreement No. 83-01 between
the City of Anaheim and Anat,eim Stadium Associates, which district(s)
could include such owner's property. Failure to comply with this
condition within the specified rime shall render this variance null
and void.
13. That the curbing along Anahe+.m Boulevard adjacent to subject property
shall be painted red fro:n the southerly driveway eouth to facilitate
on-~treet trash pick-u~,,
14. Tliat fice sprinklers shal) be installed as required by the City Fire
Marshall.
15. That all air conditioning facilities shall be properly shielded from
view.
lE. That the proposal shall comply with all signing requirements of the
ML 2one, unless a variance allowing sign waivers is approved by the
Planning Commission or City Council.
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17. That no outdoor storaae shall be permitted on subject property.
18. That the design of the loading/unloading area shall be reviewed and
approved by the City Traiffc Engineer.
19. That subject property shall be deve.loped substantially in accordance
with plans and specifications on file with the City of Anaheim marked
Revision No. 1 of Exhibit No. 1 and Exhibit No. 2.
20. That prior to issuance of a building permit, or within a oeriod of
one year from the date of this resolution, whichevec occurs first,
Condition Nos. 1, 2, 3, 6, 10 and 18, above-mentioned, shall be
complied with. Extensions for further time to complete said
conditions may be gzanted in accordance with Section 1&.03.090 of the
Anaheim Municipal Code.
21. That pcior to final building and zoning inspections, Condition Nos.
4, 5, 7, 9, 11, 13, 14, 15 and 19, above-mentioned, shall be complied
with.
BE IT FURTHER RESULVGD that the Anatieim City Planni.ng Commission does
hereby find and determine that adoption of this Resolution is expressly
predicated upon applicant's co:~gliance with each and all of the conditions
hereinabove set forth. Should any such condition, or any part thereof, be
declared iavalid or unenforceable by tt.a final judgment of any court of
competent ;urisdicc.ion, then this Resolution, and any approvais herein
contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is ~igned and approved by me this 4th day of
March, 1985. _
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~ ~f'~l < ~C ~...i.~ %Y" a / /` ~~t.i ._~..
CHAIRWOMAN~ PRO TEMPORE~
P.NAHEIM CITY PLANNIP]G COMMISSION
ATTEST: ,/~
~i' K.C Ir~ rC. ~ /~-iCC.///t~~
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 gassed and
adopted at a meeting of the Ananeim City Planning Commission held on March 4,
1985, by the followi.ng vote of the members thereof:
AYES: COMMISSIONERS: BOUAS, BUSHORE~ FRY~ KING~ LA CLAIRE~
NOES: COMi~ISSIONERS: MC HUFNEY
ABSENT: COMMISSIONERS: HERBSi
' IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of
March, 1985.
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' SECRETAR°, ?:.+AHEIM CITY PLANNING COMMISSION
_~_ PC85-62
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