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PC 85-76RESOLUiION N0. PC85-76 A RESOLUI'IUN OF THE ANAHEIM CITY PLANNItJG CO'IMISSION THAT PETITJUN FUIt VARIANCE M0. 3467 BE CRANTED WHEREAS, the Anaheim City Planning Commission did [eceive a verified Petition for Variai~ce from S. K. S., INC., 1730 West Mission, Escondido, California 92025, ATTN: CLAUDE F. SYMPSON, uwner of certain real property situated in the City of Anaheim, County of Orange, State oE California described as: THAT PUkTION OF LGT G-3 OF 'ANAY.EIM VINEYARD", CZTY OF ANAHEIFI, AS SHOWN ON A MAP RECORDED IN BO~K 4~ PAGE 629 OF D~EDS, RECOP,DS OF LGS A~1GEL~ES COUNTY CALIFORNIA, nESCRZBED AS FULLUWS: BEGINNING AT THE. IHTERSECTIOt7 OF THG SOUTNERLY LINE OF' EAST SANTA AtJA STREET WITH THE WESTERLY LZNE OF SOUTF! OLIVE STREET AS SAID STREET.°, EXISTED ON MARCH 20~ 1899; THENCE SOUTH 74° 31' 30' WEST 32e.60 FEET ALONC SAID SOUTHERLY LINE TO A NON-TANGENT CURVE COtiCAVE SOUTHWESTERLY HAVING A RADIUS OF 553.14 FEET A RADIAL FROM SAID POINT BEARS SOUTH 6° 50' 19' W:;ST; THENCE EASTERLI AND SOUTHEASTERLY 483.31 FEET ALONG SAZD CUkV~ NORTH 15° 30' GO" WEST 365.70 FEET ALONG SATD WF.STERLY LINE TO THE POINi UF' BEC:INN7N(;. EXCEP7~ THEREFROM At,L OIL, GAS FIINERALS AND OTHER HYDROCAkBONS, BELOW A DEPTN OF Su0 FEET, WITHOUT THE RZGHT OF SURFA.CE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD. kHEREAS, the City Planning Commission did hold a public heaLing at the Civic Center in the City of Anaheim on March 18, 1985, at 1:30 p.m., notice oE saic public hearing havinq been duly yiven as required by law and in accordance with the provisionc of the Anaheim Municipal Code, Chapter 18.03, to hea[ and consider evidence for and aqainst said proposed cariance and to investigate ana make findings and recommendations in connpction Chetewith; and WHEREAS, said Commission, after due inspection, inVestigakion and study ~rade by itse.if and in its behalf, and after due considecation of all evidence and reports offered at said hEariny, does tind and determine the following facts: 1. That the petitioner proposes waivers of the following to expand an existing industrial facility: (a) SECTIONS 18.U6.050.021'l, - ~tinimum number of parkina spaces, 18.06.050.031, (33 required; 15 proposed) 18.06.U80 AND 18.61.U66.050 (b) SECTIOta 18.61.063.012 - bfinimum landscaped buildina setback. (25 feet required adjacent to Santa Ana Street and Olive StreeL; 0 to 15 fePt pruposed) ~ ~ $0476r FC85-7L ~ ::~ (c) SECTION 18.61.U66.030 - Re9~iired sczeeninq of aarkinq arPa, (S. creening required adia•ent to Santa Ana Stree[ and ni: ~treet; none pru~used) 2• That the above-mentioned waiver (a) i:> hereby gran~~~ ~n the basis that the parking variance will not cause an increase in traffic conyestion in the immediate vicinity nor adversely affect any adjoining land uses; and that the granting of the ~ackiny variance under the conditions imposed, if any, wiil not be detrimental to thE peace, health, safety o[ yeneral welfarc• of the citizens of the City o: Anaheim. 3• That the above-rtientioned waivers tb) and (c) ace hereby granted on the basis that there are special circumstances applicable to the property ,uch as size, shape, topogc~phy, location and surroundinqs which do not apply to other ider.tically zoned propecty in the same vicinity; and that strict application of the zoning Code deprives the property of privileges enjoyed by other properties in ~he identical zone and r.lassification in the vicinity. 4• That there are exceptional or extraordinary circumstances or conditions applicable to the property i.nvolved oc to the intended use of the property t:hat do not apply generally to the property o: class of use in the same vicinity and zone. 5• That the requested variance i~ nece~sary for the preservation and enjoyment of a substantial property right possessed by other property in tt:e same vicinity and zuna, ann denicd to the l~ropetty in question. 6. That tt~e r~~quested v~riance will not be materially detrimental to the p~blic welfare oc injuriouc to the property oc improvements in such vicinity and zone in which the pcopert1 is located. ~• That two F,erson: indicated ttieir. pre~ence at said public wascNresented position; and [haL a petition in opposition to subjer_t petition EPlVIRONMENTAL It4pACT FrNt)?r,~c_ ~t~~~ ~~~C Nnanelm Clty Planning Commission has reviewed the proposal to expand an existing industrial facility with waivers of minimum number of parking spaces, minimum landscaped building parcelkof al ndcconsistin crognan~' of parking area on an irregulatly-shaped 9 pproximately 0.9 acre located at the southwest corner of Santa Ana Street and Oli~e S:reet, and further described as 501 South Olive Street; and does hereby approve the Negative Declacation upon findiny r_hat it has considered the Neyative Declaration together with any cumments received during the public review process and further Einding on the basis of the initial study an~ any comments received that there is no substantial evidence that the pcoject will have a signiiicant ef£ect on the environment. NOW, TEIEREFORE, BE iT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions wt,ich 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 the Citizens of the City of Anaheim: -2- PC85-7G ~ 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 34.75 feet in width from the centerline of tne sLreet along Santa Ana Street and 34.75 feet in width from the centerline of the street along Olive Street for street widening purposes. 2. That all engineering requirements of the City of Anaheim along Santa Ana Street, including preparation of improvement plans and installation of all improvemenks such as curbs and gutters, sidewalks, water facilities, street grading an~ pavement, sewer. and drainage facilities, or ott,er appurtenar~t work shali be complied with as required by the City Engineer and in accordance with specitications on file in the Office of the City Engineer; and that security in the form of a bond, certificate of deposit, letter of c!:edit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted witF the City to guarantee the satisfactory completion oE said improvements. Said security shall be posted with the City pzior to issuance of building permits, to guaran~ee the installation of the above-required improvements prior to occupancy. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to che Cit,y of Anaheim in an amount as determined by the City Council for new industrial buildings. 4. That all driveways shall be constructed to accommodate ten (10) foot radius curb returns as required b,y the City Traffic Engineer. 5. That drainage of subject property shall be disposed of in a mannet satisfactory to the City Engineer. 6. Ttiat subject property shall be served by underground utilities. 7. :hat prior to commencement of structcral framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 8. Th4t rrust~ storayc: ur~aa siiail ee provided and maintained in aacordance with approved plans on file with the ~treet Maintenance and Sanitation Division. 9. That the design and construction of subject building addition shall camply with Council Policy No. 526 pertaining to metal building construction in the industrial (ML) zone. 10. That the number, design and location of vehicular driveways providing access to 5anta Ana Street shall be reviewed and appcoved by the City Traffic Engineer. 11. That there shall be no outdoor storage on subject property that wnuld preclude the usage of L•he parki.ng, circulation or loading dock area~. -3- PC85-76 12. That gate~ shall nc.t be installed across any driveway in a manner which may adversely affect vehicular trafEic in the adjacent public streecs. Installation cf any gates within a distance of sixty (60) Peet from said piablic street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. Furthermore, if gates are installed within sixty (60) feet of said public streets, a covenant shall be recorded guaranteeing that said gates shall remain open duting business hours. 13. That all lockable pedesl•rian and vehicular access gates shall be equip~ed with a'knox box" device to the satisEaction of the Chief of Police and the City Fire Marshall. 14. That fire sprinklers shall be installed as required by the City Fire Marsha:l. 15. That all air conditioning facilicies and other roof and ground mounted equipment shall be properly shielded from view. 16. That the proposal shall comply with al.l signing requirements uf the F1L Zone, unless a variance allowing sigr, waivers is approved by the Planning Commission or City Council. 17. That the owner of subject property shall submit a ietter requesting termination of Conditional Use Permit No. 6 to the Planning Department. 18. That subject property shall be developed substantially in accordance with plans and specifications on file with the Ci;:y of Anaheim marked Exhibit Nos. 1 throuyh 3. 19. That prior t~ issuance of a buil9ing permit, or within a period of one year from the date of this r~~solution, whichever occurs first, Condition tdos. 1, 2, 3, 10 and 17, above-mentioned, shall be cortiplied with. Extensions for further time to complete said conditions may be granted in accor.dance with Section 18.03.090 of the Anaheim Municipal Code. 20. That prior to final building and zoning inspections, Co~dition Nos. 4, 5, 6, 3, 9, 12, 13, 14, 15 and 18, above-mentioned, shall be comp;.ied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and c;a::_~mine that adoption of this Resolution is expressly predicated upon apFlic~ant's compliance with each and all of the conditions hereinabove set fo:th. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvais herein contained, shall be deemed null and void. -4- PC85-76 THS FOREGOTNG RESOLUTION is signed and ~~;+~~ved by me this 18th day of March, 1985, /' ! ~~ ~ --. ~__~ - -_~!?~.ri~=7_.-_{~/~~i i2 -CHAIRMAN, ANAHEIM e~•TY pLANNING COMMISSION ATTEST: ~, - ~ „ l.~w ~ SECRETARY, ANAHEIM CITY PLANNING COMMISuION STATE OF CALII'ORNIA ) COUNTY OF ORANGF, ) ss. CZTY OF ANAHES61 ) Canmission,~do hereby .certifysthate the aforegoing hresolution was~y Planning adopted at a meeting of the Anaheim City planning Commissicn held on Parch 18a 1985, by the folluwing vote of the members thereof: AYES: CODIMIRSIOMERS: BOUAS~ BUSHORE, FRY HEFBST, KING, LA CLAIRE~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS 4JHEREOF, I have hereunto set my nand this 18th day of March, 1985. NJ a~c.L~ ,~ . SECRETARY, ANAHEZM CITY PLANNING COMP!ISSION -5- PC85-76 ~~