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PC 85-75RESOLUTIOt~ NO. PC85-75 A RESOLUTION OF THE ANAHEIM CITY PLANNINC COMMISSIGN THAT PETI'PION POR VARIANCE N0. 3468 BE GkANTED WHEREAS, the Anaheim City Planning Commission did recei~+e a verified Petition foL Va[iance from fiIGH TECH INVESTMENT, LTD., ATTN: LUCIA LIU, 1301 North Dynamics Street, ~+naheim, California 928U7, owner of certain real propecty situated in the City of Anaheim, County of Orange, SL•ate of California described as: PARCEL 1, AS SHOWN ON A NAP EILED IN BOOK 179, PAGES 39 AND 40 OF PARCEL rIAYS~ IN THP OFFICE OF THE COUNTY RECORDER OF ORANCE COONTY, CALIF'ORNIA. EXCEPTING THEREFROP} ALL GAS, OIL \ND MiNERAL RIGHTS Oti SUCH PORTIUN OF SASD PROPERTY AS LIES 500 FEET OR MORE FEET BELOW THE SURFACE OF SAID PROPERTY, WITHOUT RIGHT OR ENTRY TO THE SURFACE OR UPPER 500 FEET THEREOF AS RESERVED IN A DEED RECORDED JUNE 5, 1981 IN BOUK 14087, PAGE 1682 OF 0°FICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 18, 1985, at 1:30 p.m., notice of said public hearing having been duly qiven as required by law and in accocdance with the p[uvisior~s ot the Anaheim Municipal Code, Chapt~r 18.03, to heac and considec evidence for and against said pro~osed variance and to investiqate and make finding~ and recommendutiona in connection therewith; and WHk;P.EAS, said Comrtiission, after due inspection, investigation and study made by itself and in its bel~alf, and aftec due consideration of all evidence and repocts offcred at said heari~ig, does find and determine the following Eacts: 1. That the petitioner proposes a waiver of the following to c.:c;::tru:;: .... ir.tcr:or u,,9it:c^ t~ ~n r~istin~ in~teetr,:a] huilding: SECTION 18.06.050.031 - Flinimum number of patking spaces. ].8.06.080 (2& spaces required; 20 spaces existing) AND 1E.61.066.050 2. That the above-mentioned waivecs are hereby g~anted on the basis that the parking variance will not cause an inccease in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; and that the granting of the parking variance under the conditions imposed, iL any, will not be detrimental to the peace, health, safety or general welfare oE the citizens of the City of Anaheim. 3. That the proposed use is her.eby granted subject to the conditior. that the owner of subject property shall execute and recocd a shared parking ayreement, in a Loc~~ appr~~ved by the City Attorney's OfPice, with the two adjoining property owner.: to the north oE subject property (1301 and 1331 Dynamics Street) to share the ex.sting off-street parking spaces. ~0475r .a PC85-75 ~:Y , _._...._... ^`-:::r:.mr.+..~,d~;.:.<...:.. . - . . . ~ ~ . ~~ - •--. 4. That there are exceptional or extraordinary circumstances or conditions applicable to the pro~erty involved or to the intended use of the pcoperty that do not apply generally to the pcoperty or class of use in the same vicinity and zone. 5. That the request=d variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zune, and denied to the pcoperLy in question. 6. That the requested vaciance will not be materially detrimental to ;:he public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at said p~blic hearing in opposition; and that no correspondence was received in opposition to subject petition. ENVIRONPIENTAL IFIPACT TItIDING: '"hat the Anaheim City Planning Commission has reviewed the proposal to construct an interior addition to an existing industrial building witt~ waiver of minimum number cf parking spaces on a rectangularly-st~aped parcel of land consisting of appror,imately 0.54 acre located et the northwest corner of Ftiraloma Avenue and Dynamics Street and further described as 1301 North Dynamics Street; and does heceby approve the Negative Declaration upon finding that il has considered the Negative Declaration tr_3er,her with any comments received during the public review process and fucther finding un the basis oE the initial study and any comments received that thece is no substantial evidence that the project will have a si9nificant eftect on the environment. NUW, THEREE'ORE, BE IT kESOLVEC that the Anaheim Citv Planning Commission does hereby grant subject PeLition for Variance, upon the following conoitions 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 tt~e Citizens of the City of Anaheim: l. 'i~hat the owne: ot sub7ect propecty shail pay to the City oY Anaheim a£ee for street lighting along Micaloma Avenue in an amount as determined by t.~e City Cuuncil. 2. That prior to iss~ance of a building permit, the appropriate traffic signal assessment E~e shall be paid to the City of Anaheim in an amount as determined by the City Council for new industrial buildinqs. 3. That t~ash storage areas shall be p:ovi~ied and maintained in accordance with approved plar.s on file with the Street M~intenance and Sanitation Division. 4. ThaL all air conditioning facilities shall be properly shielded from view. 5. That the proposal shall conply with all si~ning requirements of the ML Zone, unless a variance allowing sign waivers is approved by hhe P'_anning Commission or City Coun~il. -2- PC85-75 6• Tnat the outdoor storage area, located at the northwest corner of subject property shall be totally screPned and enclosed by a minimum six (6) foot high conccete block wall and no storage of materials shal' be visible above said w~ll. 7• That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 8. That the owners of subject property shall execuke and record a shared parking agreement, in a form approved by the City ~ttorney's Office, w:th the two adjoining property owners to the north of sutje~t property (1301 and 1331 Dynamics Street) to share the existing on-site parking spaces. proof of said recordation shall be submitted to the Planning Department. 9• That prior to issuance of a building permit, or within a petiod of one year £rom the date of this resolution, or prior to commencement of the activity herein approved, whichever occurs first, Condition Nus. 1, Z and 8, above-mentioned, shall be complied with. Extensions for further time to comp'_ete said conditions may be granted in accordance with Section 1A.03.090 of the Anaheim 1lunicipal Code. 10. That prior to final building ~~iti zoning inspections, Condition Nc~. 3. 4. 6 and 7, above-mentioned, shall be complied with. fl~ j~' FURTHER RESULVEU that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly pcedicated upon applicant's compliance with each and all of the conditions hereinabove set fucth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judement of any court of competent jurisdictio~, then this Resolution, and any approvals herein contained, shall be deemed null and void. '1'Ht r'~REGOING RESOLUTION is eigned and approved by me this 18th day of riarch, 1985. i i`~~~ ~ ~ ' . ~,.~ : . ~\ , '~ ,. - .P' -7 i -CNAIRMAN, ANAt~EIM Cl'I~y pLANNIhG COMMISSION ATTEST: ~~ ^ ' /~i~l.iL,[,c~ SECREiARY~ ANAHEIPI CITY PLANNING COMMISSIOtJ -~- PC85-75 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF' ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Cornmission, do hereby certify that the foregoing resolution was passed and adopted at a meetin4 of the Anaheim City Planning Commission held on March 18, 1985, by the followin9 vote of the members theteof: AYES: COMbiISSIUNERS: BOUAS, BUSNORE~ F12Y HERBST, KIt7C, LA CLAIRE, MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, Z have hereunto set my hand this 18th day of March, 1985. <.:r.,w.....,_.._ . ~: nr_.~u,. _.. ...,.,_....... SECRETARY, ANAHEI~1 CITY PLANNING CO[4MISSION -4- PC89-75