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Resolution-PC 92-52~tESO.~U'~'ION N(Z~~-~ A RE50LUTIUN OF 'X'HE ANAHEIM CITY PLANNING COMMISSION THAT PET[TION FOR CONDI'TIONAL USE PERMIT NU. 3516 BE GFtANTED WHEREAS, the Anlheim City Planning Commission did receive a verified Petition for Conditional iJse Permit for certain real property situated in the City of Anr-heim, ~~unry of Oran~e, State of California, described as: PARCEI.. 1: THF. WES'I'F:RLY 270.00 FEET OF TI~AT PORTION UF THE SOUTHEASI' QIJARTER OP THE SOUTf~iEAST QUARTER OF SECTION 23, 1'OWNSHIN 4 SOU1'H, RAIVGE 10 WEST, IN 'I'd-iF. Rr~NCEIO SAN JUAN CAJON DE SANTA ANA, C1TY OF ANAHE[M, AS SA1D SEC'TION IS SHOWN ON A MA~' R~CORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, Ih THE OFFICE OF THE COiJNTY RECORDER OF SAID COUNTY, LYING SOU'CHWESTERLY OF THE SOUTI-lWESTERLY LINE OF TNC RIGHT OF WAY OF THE ~-TCHISON, TOPEIC~ ANU SANTA FE RAII.WAY COh1PAP: Y. EXCCIrI'ING THCREFROM THAT PORTION nF L.~WD LYING ;OU'Y'E•IWEST UF THE NORTE•IEASTERLY LINE Or TI-iAT' CERTAIN PROPE1tTY AS DESCRIBED iN THE UCED RECORDED IN BOOK 551'1 PAG~ 21G OF OFFICIAL RECORDS C~' SAID COUNTY. AISO EXCEPTING THEREFROM THAT POR'I'IOrt OF LANU L.Y1NG SOUTI-l OF 'THE SOUTHERLY L1N~ OF TI-IAT' CER1'A1N 1.G3 ACRE PARCEL OF ~..AND SHOWN AS ASSESSOR PARCEL NC?. ~82-2G0-11. PAItCC~. 2: TI-IAT PURTION OF'TIiE NUR1'HWEST QUARTER OF TI-IE S~U'['HFAS'I' QUARTEK OF SECTION 23, BE[NG A PORT[ON OF LOT 41 IN TOWNSHIi' 4 SOl1'TH, RANGE t0 WEST~ IN THE RANCEIO SaN JUAN CAJ4N DE SR.NTA AIJA, iN THE COUN'TY OF ORAhGE, STATE OF CALIFORNIA, AS PER MAP RECORDBD IN ~i00K 2, PAG~S 256 AND 2~7 O~ PATEN'IS OF LOS ANGELES, COUNTY, C:ALIF'ORNIA, L'~ING SrJU'1'Ei OF 'I'I-iC SOUTH LINE OF 't'~IE T'USTIN BRANCfI UF TkIF SOUCEiERN PACIFIC R/1[LROAD C~MPANY. DESCR[E3ED IN nEEU RECORDED ~C:R1477MS.wp -1- F'~1?-52 JUNE 28, 198~3, IN BOOK 416, PAGE 21 UF DEFDS, RECORUS OF LOS ANGELES COUN'I'Y, CALIFORNIA, AND LYING SOUTHW~ST OF THE SOUTIIEASTERLY LINE OC' 'I'HE RIGHT OF WAY OF 1'I-iE ATC~IISON, TOPEKA AND SANTA FE RAII.WAY COMPANY. PARCEL 3: 'I'FiAT PORTION OF THr EASTERLY 390 FEET OF' 'fHE WESTERLY fi60 FEET OF THE SOU'fHEAST 1/4 OF THF SOUT'tfBAST 1/4 OF SECTION 24, IlV TOWNSHIP 4 SOUTI~~, RANGE 10 WEST, S.B.B. & M., IN T'E'.E RANCHO SAN .IUAI~i C~ON DF SAN'TA !-~NA, IN THE COUNTY OF ORANGE, STA'I'~ O~r CALIFOFtNU~, AS PER MAP RECOR.U~U IN IIOUK 51, PAGE 10 OP MISCEC.LANEOUS MAPS, IN TI-IE OFI'IC~ C`F THE CUUNTY RECORDER OF SAID C~JUN'fY, LYINC SOUTHWESTERLY OF'Y'HE SOU'I'I-iWEST'~RLY LINB OF THE RIGHT OP 1NAY OF THE ~TCH[SON, TOPEKA AND SANTA 'FE RA~LWAY COMPANY. EXCFPTINC;'CH~R~FROM 1'HA.T PORTION OF I.AND LYING SUUTHWEST OF THE NORTHEASTERLY LIN~ OF THAT CERTAIN PROPERTY AS DESCI~IBEll IN 'I'HB DEED ItECORDCD iN BUOK 5517, PAGE 216 OF OFFICIAL R~COFDS OF SAID CUUNTY. ALSO~ EXCEI''T[NG 'I'~IEREFR~OM THAT PORTION UP S.AID LAND LYING NOFTI-1 OF THE NURTI-i~RLY LINF_ OF'THAT CERTAIN 1.31 ACRE PARCEL OF' LAND SHUWN UN ASSESSOR PAItCEL NO. Q82-260-24. !'ARCCL 4: 'I'HAT PORTIUN OP TI-lE SOUT~-iT'AS'f QUAR1'ER Ok SCGTION 23, TOWNSHIP 4 SOU'I7-i, RANGI-; 10 WES'i', IN TI-IE RAN~HC~ SAN JUAN (:AJON DE SANfA ANA, CI~'Y OF ANAHEIM, COUNTY OF ORANGE, STATC OF CALIFORNIA, AS PER MAP RECOItDED IN BOOK S 1, P.AGE 10 OF MISCELLANEOUS MAPS, IN 'I'HE OFf~iCE OF THE COUN'I'Y RECORDER OF SAID COUNTY. LYING SOUTFIWF..S'I' OF THC SOUTHWEST'ERL1' LINE ~F THE R1G~-I'i' OF WaY OF TI~E ATCHISON, TOFEKA AND SANTA FE RAILWAY COMPANY. EXCEP'1' THEItEFROM TFI~ WES'i'CRLY b60.U0 FEET. ALSO EXCEP'f TE~EREFROM THAT POR'I'i(aN OF LAND L1~ INC, SOO.JTH UF THC IJORTH AND NORTH EAS'CERLY L[1~E5 OF THAT CERTAIN FRUPERTY DESCRIBED IN THE -2- PC92-52 DEED RECORDEU IN BO~K 5517, I~'AGE 21b OF OFFIC;IAL RECORDS OF SAID COUN1'Y. WHEREAS, the City Planning Commission did hold a public hezxing at the Civic Center in the Gity of t~naheim on April 20,1992, at 1:30 p.m., notice of. said public hearing having been duly given as required by law and in accordanc~ with the ~savisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consicler evidence fer and again-~t said proposed conditional use permit and to investigate and make f"indings ana recommendations in connection therewitti; and WHEREAS, said Commission, after due inspecti~n, i~lvestiKatiori and stuei~~ made by itself and in its behalf, and after due Gonsideratiun of ull evidence and repUns offered at saicl hearing, does find and determine the fotlowing fncts: 1. That the proposed use is property one for which a condiYional use permit is authorized by Anaheim Municipal Code Sections 18.61.050.433 and 18.G1.USO.SR37 to parmit a self storage and recreational vehiclc stor;ige facility ~vith waivers of tne follnwing: (1) ~.~'II4NS is.os.o93.cn3 - .1$~4~42$ and 1S 1,Q67 p~p~j~.te 1 location of fre~standi~:~i~iLs. (,~jmUm.~3 feet from north prop~rty line requi:ed; ,#~,1~8.5 feet proposcd) (b) ~~CTION~~8.06.USQ,Q1~1 - ~06.050.0212 18.0 5(~Q 0•0~ 1 .l~4.~4$.4 .a~sl.~1.S~9~4 (~) ,~'-j~QN ~g•E1,~3-Q,~1~Q ' Minimiirn number of narkinv_ sy~~.~. (,~5 required; ~ proposed) ~'crtni~ed number of C1re~jcersi~~. C3 permitted; ~ prt~possd) 2. That special circumstunces apply to the 5ubject property which justify the proposed sign waiver bec~use ths shape of subject prnperty (minimal :ot frnntabe, angled property lines, and one vehicular access) deprive~ it of privileges enjoyed by other properties under identical zoning cla,csiCeation in the vicinity; 3. That the second caretaker's unit wiU allrnv tlie s!arage fncility to maintain constant on-site sec~irity when the full-time man:~gers are off-duty; 4, That the caretaker's residence lcicated within 140 feet of the railroad track will be a~equately ~ound buffered to achieve acc~ptable noise levels for residentisl use; .3. PC92-52 5. T1~at there are special circumstances applicable to the property such as size, shape, topograpliy, locatior~ or surroundings, which do not apply to ather identically zoned properties in the vicinity; 6. That strict application of tl~e Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classificatian iz~ the vicinity; 7. That the parking varianc~ will not cause an increase in traffic congestion in the immediate ~~~icinity nor adversely affect any adjoining land uses; 8. That the gr~nting of the pa;king variance under the conditions imposed will not be deirimental to the peace, health, safety of general welfare of the citizens of the City of Anaheim; 9. T,3t the proposed use is properly one for which ,a conditional use pernut is authozized by the Zoning Code; 10. That :he proposed use will not adversely affect the adjoining land uses and the groevth and develc~pment of the area in which ii is proposed to be located; ~ 1. That the size ar~d sl~ape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimentll to the particular area nor to the peace, health, safety, and general welfare because the size, shape, and location of the subject property is ideal for a self-storage and recreational vehicle storage use; 12. That the traffic generated by the proposed use will not impose an undue burden upon the streets and hi~hways desigred and irnpro~ed to carry thc traific in the area; 1~. That the granting of tt~e conditional use perniit under the conditions irn~po~e~, '~ any, will not bc detrimental to the p:ace, health, safery and genPral welfare of the citizens ~yi ~he Ciry of Maheim; and 14. 'That no one indicated their presence at said public hearing i~i opposition; ~ncf iha: no a,rrespondence was received in opposition to the subject petition. CALIFORNIA,~NVIRUNM ~~~QUALITX ACT F(~p~N.Si: That the Anaheim City Planning Commission has reviewed the proposal to oermit a self storuge and rccreational vehicle storagc facility with waivers of permitted locati~n of freestanding sigras, minimum number of parking spaces and permitted number of caretaker's unit~ on an irregularly-shaped parcel of land consist:ng of approximately 5.66 acres havi.ng an~. approacimate fi•ontage of 57 fPet on ttie west side oE State Collegc Boulevard, having a maximum depth of ~pproximately 1,850 feet, being lucated approximatcly 750 feet north of -4- PC'~2-52 the centerl.ine of Katella Avenue and further described as 1703 to ]709 South State College lioulevard; and does hereby zpprove the Negative T~eclaration upon finding that tht; declaration reilects the independent judgement of the lead ~igency and that it has consiclered the Negative Decluration together with any comments recsiv~d duric~g the public revicw process and further finding on the basis of the initial study and any cornments receive:d that ther~ is no substantial evidence that tt~e project will have a significant effect ~n ttas envirnnme~t. NO~V, TH~REFORE, BE IT RESOLVED that the Anaheim City Planning Commi.ssiun does hereby grant suUject Petition for Conditional LJse Permit, upon the following conditiens ~vhich ~re hereby found to be a necessary prereqiiisite to the: propos~d use of the subject property in order to preserve the safety and ~eneral welf.are of the Citizens of the Ciry of Anaheim: 1. That subject use shall be limited ta a period of ten (10) years, and thrat additional time periods may 6e requested by the ~etiiioner in connection with pu'olic hearings. 2. 'That if suUject property consists of more than one (1) legal parcel of cecc~rd, the property nwner snall either: (a) Record a Lot Line Adj~~stment Plat to combine the parcels into one (1} parcel; or (b) Recurd a parcel map to create one (1) legal purcel. Frior to issuance of a building permit, the developer shall sur~mit deeds to t{~r Subdivisiatt Section for review to determine whether the parcels w~~re legally createcY. 3. 'I7~at prior to issuance of a building permit, a fee in tlie amount of six ~sundred und fifry dollars ($6S0) per onc thousa~id (5,000) square feet af building area for ~he caretakers unit, shali lx; paid to the City of Anaheim fcr sewer capacity miti~;ation. 4. That pldns showing the operation of the vehicular security g:~tes ~nd turn-around area shall be submitted to 1nd approved by the City '~'raffic and Transportation Manager. 5. '1'hat the driveway on State Cot:ege 3oulevard sh~ll be construcced with fifteen (1S) foot radius curb returns, as required by the City Engineer and in confnn~:~nce with Engineering Sta»dard No. 13'7. 6. That a Plan Sheet for solid waste storage and collection and a plan for recyclin~ shall be submitted io the Depa-~tment of Maintenance for review 1nd approval. -5- PC92-52 7. That fire sprinklers shall be installed in the storage units, as requirCd by the Fire Ueplrtrnent. 8. That prior to commencement of the activity authorized uncier this resolution, or prior to the time that a building permit is is,ued, or ~~vithin a period of ninety (90) days from the d~te of this resolution, whichever occurs first, :he legal owner(s) of. subject property shall execute ~nd reco.rd an unsubardinated covenant in a form appraved by the City ~ttorney's ~ffice wherein such owner(s) agree not to contest the formation of any assessment district(s) which may hereafter be formed gursuant to the provisions of Development Agreement No. 83-01 between the City of Anaheim and Ar-aheim Stadium Associates, ~vhich district(s) could include such legal property owner's property. A copy of the recorded covenant shall then be submitted to the Zoning Division. 9. lfiat subject property shall be developed substantially in ~ccordance with plans and specifications submitted to the City of tV~aheim by the petitioner and which plans arE on file with the Planning Department marked Exhibit Nos. 1 through S; provided, h~wever, that either: (a) A miuimum two (2) f~ot building sstback shall be provideci from the north property line (railroad tracks) to prevent graffiti oQportunities and the proposed chainlink f~ence along th~ north property line shall be landscaped with vines; ar (b) The building walls adjacent to the railro~-d tracks shall bs planted witl~ vines (approved by staff as to species, size and ;ocation) to deter ;raf.fiti. 10. That prior to issuance oi a builcling permit or within a period uf one (1) year from the dat~e of this resolution, whichever occurs first, Condition Nos. 2, 3, 4 and 6, above-mentioned, shall be complied with. Extensions for further ti~ne to complete said conditions may be granted in accordance with Section 18.03.09U of the tinaheim Municipal Code. 11. That prior to final building and zoning inspeations, Condition Nos. 5, 7 and 9, above-nientioned, shall be complied with. 12. That approval of this ap~lication con.stitutc s approval of the proposed request only to tf~e extent that it complies with the Anaheim Municipal Zoning Code and aiiy otl?er applicable City, State and Federa! regulations. App.~oval does not include any action or ~ndings as to compliance or approval of the request regarding any other applicable orainanc;e, r$gulation or requir~ment. BE I'I' FURTf-IER REuOLVED t.hat. the Anaheim City Planning Comm;ssion daes hereby ~nd a.nd determine thut t~dupti~n of this Fesolution is expressly predicated -6- PC92-52 upon applicant's compliance with each and all of the c~nditions hereinabove set forth. Should any such condition, ur any part thereof, be decl~ared invalid or unenforc~able by the final judgment ~f any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. 'I'HE FOREGOING RESO~.UTION was adopted at ths Planning Commission meeting of Apri120, 1992. . ~ ~...,.. L'~'L ,: ,~ ~ . CHAi IAN, ANAHCIM C.~. PLA~I'; MMISSION ATTES'I': ~/,~~ ~ / ~ '~ L~J L J G~CO /tC,~ SF.CRET . Y~; ANAHEIM C1TY PLANNING COMMISSION iTATE OF CAL,IFORNIA ) COUNTY OF ORANGE ) ss. CI'I'Y OF ANAHEIM ) I, Margarita Solorio, Secreilry of the Anaheim City Planning Comniission, do hereby Gertify that the forsgoing resolution was passed and adopted at a meeting of the Anahein~i City Plamm~~ Commission held on April 20, 1992, by the fc~llowing vote of the members thereof: AYES: COMM~SSIONERS: BOUAS, BRISTOL, HELI.YER, HENNINGER, MESSE, PERAZA, Z~MEL NOCS: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREQF, I have hereunto set my hand this ~ clay of Yy ('X~, , 1992. ~- ~r~h~G.K,(,~~~~~~Ar~~ir SECr~Y ~ AHEIM CITY P1~ANNING COMMISSION , f~ ..~_ PC92-52