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Resolution-PC 94-85RESOLUTIOf~, N~. PC94-F~ A RESQLUTION OF THE APiAHEIM CITY PLANNING COMMISuION TIiAT PEfITION FOR CONDITIONAL USE PF.RMIT NO. 3692 BE GRAN7ED, IN PART WHEREAS, the An~heim City Planning Commfssion dfd roceive a vorified Pet(tion for ConditEonal Uso F'ermit for certain real proparty situated in tho City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 1 AND 2 AS SHOWN ON EXHIBIT "B" ATTACHED TQ THAI' CERTAIN LOT LINE ADJUSTMENT PLAT NO. 225, RECORnED SEP7EMBER 5, 199Q AS INSTRUMENT N0. 90-473243 OFFICIAL RECARDS OF ~JRANGE COUN7Y, CAI.IFQRNIA. PARCEL B: THE NORTH 33.74 FEET' OF THE SOUTH 218.74 F~ET 0~ THE EAST 183,O~J FEE7 OF THE SOUT~-IEAST OUARTER OF THE SOUTHEAST ~UARTER OF SECTION 15; TOWNSHiF' b SOUTH, RANGE 11 WEST, IN THE RANCHO '.OS COYOTES AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 JF MISCEUANEOUS MAP, RECnRDS OF ORANGE COUNTY, CALIFORN a. WHEREAS, the City Planning Commiss(on dfd hold a public hearfng at the Civfc Center In tho City of Anaheim on Juno 27, 1~J94 at 1:30 p.m., notico of said publlc hearir-g having bc~en duty gfven as requ(red by I~w and in accordanco wfth thQ provisions of the Ar~ahefm Municipal Code, Chapter 18.03, to hea~ and consider evidence (or and against sald prcposod conditional use permit and tU investigate and make f(ndings and recommondetions in connectfcn therawith; and WHEREAS, said Commission, aftor due Inspection, investfgatlon and study ~~ia~o by hself ~nd in its behatf, and nRer due consideratfon of ail evidsnco and reports oHerod at said hearing, does t(nd and detarmino the following lacts: t. That the proposed use Is proparly ono tor whfch 9 conditional use permit is authorizeci by Anahofm hlunfc(pal Code Soctlon 18.44.050.303 to permit a self storaqA (acility with waivers of the following: (A) Se~tiqns 18~Q6.050.0~],~ 18.06,St`~9~. 1 S•08,080 ,~n 18 44.06G,050 (B) ,~ctfon 10,44.083.04Q (C) .~Sjons .],iL.Q4.Ot~Q I ~ ~ ~a aa,ass.oSQ (D) .,~lons t8.04,060,050 ~nd ~844.063.050 Minimum numbe[„~i Zarkh~q s~ice§. ?(~ requir~d; 1¢ proposad) fWlnimum re~u(reci g~tyt ,~k ~rom any rRSidenUal zq~r Q. (10 faet requfred; .~LrL~jg~ proposeci irom ra~road right•of•way to southwest and 4,3" proposed (rom opartments tn north) Minimum -eq~alred lai~dsca In~, a at stre~t frontaaes. ~Ain(mum narkin It~ridsc2Aina. CR?.t 29MS.WP -t. F~9a-85 (E) Saction 18.44.062.011 - Maxim~{m ~d4tural heiQht. i t permitted when building ~buts adjacent residontial zoning and 12 feet 6 Inches permitted when buflding located 25 feet from adJaceni r9sidentlal zoning; ?g (eet prnposed f~r 6-inch setback from railraad right-of-way and for 4-toot 3-inch setback irom apartments) 2. That a parl<ing study, propared by an indepondent enginoor and reviewed and approvod by the City Trafiic and Transportation Manager, substantfatos the waiver for this speciiic use (a setf storage facll(iy instoad of an industrial warehouso on which the Code-roqulred parking is based) with the conditlon that a m(nimum at 15 parking spaces be prov!da J; 3. That wafver (A) fs heraby appr~ved on the basis the parking variance wfll not cause an increaso fn traffic congest(on (n the Immedia:e vfcinity nor adversely affect any ad~oining land usos; 4. That the grantinfl ~f tho p3rking variance undor tV~e conditions fmposAd w(II not be detrimental tA the paFice, health, saFety or general welfaro of 2he citizens of the Cfty af Anaheim; 5. That walvers (B) and (E) are hereby approved on th~ basis that thore are special circumstancos applicablo to the property consisting o( its location ar~d surroundings which do not epply to other ldeiitically zoned proparties in thu vicinity bocause the adjanent property to the southwest is dovel~ ,~ed with tracks In a railroad rlght-of-way and that carports, parking spaces and a drfvewoy are located adJacent to the north praperty Iino providing a visual screen botw~en subJect use and tho apartments to the north; and that strict application of the Zoning Code deprfves the property of privilepes enJoyed by other propertfes under identical zoning classification In the vicfnity; and, further, that sald waivers will create minfmal impact on tt~e adjacent properties because: (a) A 25 foot wide structural sotback wlll be provided along the north propArty Iine with a 4-toot 3-Inch I~ndscapod setback containlnfl "scroen" trees, and that an existing 1U (oot high block wall is Iocated at the north property Ifne, and (b) The 9uilding "D" height is lower than tl~e apartmont complex to the north and the oxfsting commerclAl structure (racquetball court) will be demol(shed; 6. 7hat waivers (C} and (D) are deniecl on the basis that revised plans, el(minating t;ald waivers, ware submitted follow(ng public notiffcalion; 7. That the proposed usQ, as approvecl, is properly one tor which a conditianal use ~ermit Is authorized by the Zon!ng CodQ und that the hours of operation are Iimi;ed to daytimA hours (7:30 a.m. to 6:30 p.m. wevkdays, 7:30 a.m. to 6 p.m. Saturdays, and ~0 a.m. to 5 p.m. Sundays) thereby mitig~tinfl any impact~ on residontfal uses to the north and wost; 8. That the nroposod use, as approvecl, will not adversely attect tha adjolning land usos and th~e growth and deve~opment of the area In which it is proposed to be locatod because it has been destgned to reduce any potontfal fmpacts to nearby residentiatly zoned propert(es by restricting access to tFie north and allowing ~nly truck c~xiting and emergency vehicle access to decredse the amount ot traHic in thet area; that Buildfng D, located at tlie north portiun oi the subject property, has been set back 25 foot from res(dent(al property and has no up~er levol north facinc~ acc~ss; and that Buftdfng E Is sot back 10 feat irom tho west property Iine (ad~acent to RM•2400 residantially zonad property) and has no west-facing access in that area; .?. PCJ4•85 9, That the size and ~hape of tho site for the proposed use, as approved, Is adequate to alluw the ful! devolopment of tho proposed use In a manner not detrlmental to th~ particular area nar to the peace, health, saFety, and goneral welfare; 10. That the traffic generated by tho proposed use wil! not Impose an undue burden on thn streets and hfghways desfgned and fmprcved to carry the traffic in the area because (t wlll generate loss vohicular traff(c than a retail use and th~t the vohicular traffic will be Iimiteci to customers loadin~ or unloading porsona~ storage items at the units; 1 t. 'fhat the grant(ng of the conditional use pormit under the condit(ons imposad will not be detriniental to the peace, health, safety and goneral weifare of the citizons of the City of Anahefrn; and 12. That one (t) person indir,ated her presonce at sald pubNc hoaring (n opposition; ancl that corraspondence was recofved In opposition to the sub~ect petitfon. ALIFQRNIA ENVIRQNMEI~TA~QI~ALIIY ACT, FINDING: That the Anahelm City Planning Cnmmission t~as reviewed the propasai to permit a self stora~e faclllty with w~ivers of minimum number of parkinp spaces, minimum required setback irom any residentfal zone, minlrnum required landsr.aping at street irontages, minfmum parking lot Iandscapinc~, and maximum structural height on an IrrdflulAiiy shaped pdreel of land consfsting of approxfmately 3.26 acres located north and west of the nnrthwRSt corner of Knott Street Avonue and Etall Road, having approxfmate frontages ot 135 feot on tho no~ .' ~ side of Ball Road and 20J feet on the west side of Knott Street, hav(ng a maximum depth of approximately ~i~ feet and further described as J19 and ~59 South Kn~tt Stroot; and doos hereby approvo tlie Negative Daciaratfon upon finding that the declaration reflects tho independent Judgoment af the IeAd agency and that It has considered the N~gative Declaration together with nny comrtients recoivai during the publla revlew process and further finding on the bas(s of the initial study and any comments raceived that there Is no substantiai evidence that the project will have a sfgnificant eNect an the env(ronment. NOW, THEREFORE, BE IT RESOLVED that the Anahelm C(ty Piannfng Comm(sslon does heraby grant subject Petition for Condlt(onai Use Permit, in part, upQn the tollowfng conditions wh(ch are hereby found to be a nocessary Frerequislto to the proposed use of the sub)ect property in order to preserve the sa(ety and general welfare of the Citizens of the City of Anehefm: 1. That a Lot Line Ad~ustmeni Plat to combine tho two (2) existin~ lots shall ba submitted to the Subdivlsian Section and approved by the City Engineer and then recordecJ in the OHice oF the Oran47e County Rocorder. 2. 7nat a plan sheQt for solid wasto storage and collect(on, and a plan for recycling shall be submftted to tho Department of Mafntenanr.e for reviev~ and approval. 3. That the owner of subject property shall submit a lette~ requestfng tormination ot Condidanal Use Permit Nos. 6t7 (permitt(nfl on-dale beer and wine in a restnur~nt ), 1198 (permittin~ a privete educational club and day camp tor children with outdoor recreatlonal facflit(es), ifi87 (permitting on- salo boer and wine In a proposed h(II(ard parlor), 1696 (pe~mitting a cocktail lounge), 2t04 (pormitt(ng a public dance h~ll), ?.124 (pormitting s~ car wash), 2192. (permEning a racquet ball facility with a parkfng wa(ver), 242B (~ermittfng a biliboard with a wah~er), 2642 (permitting a restaurant v~ith on•sale alcoholic beverages), 2583 (perm(ttinfl a publfc dance hall witfi an•sale alcohol(c bovaragos), 2925 (permitting 2 drive•through, walk•up restaurants with outdoor seatiny (n conjunction wfth a commerc(al retall centor and witii wafvors), 322.0 (perm(ttin~ expansian of a commercial reta(I center and a drive- through rosta~~rant with waivers) and 34G4 (permitting expans(on of a cornmercial retail c~nter to Include auto repair, a drfve-through restaurant and a s~lf•storac~e facility with v~aivers) to the Zonfng Divfsion. -3- PC9A-85 4. That subJect pruperty shall be develoned substantlally In accordancA v~ith plans and specificatians subrnitted to lho City of Anahe(m by the petitioner and which plans are on file wlth the Planning Departmant marked Exhibit Nos. 1 through 6; provided, however, thac any signs shall be installed in compllance with Conditlon No. S, herein. 5. That the appllcant shall subm~! revised sign plans to tho Planning Department for review and approval; and that any freostandin~ sign shall be Iimitod to a monument style sign r.ot 4o exceed elght (8) feet In height. 6. That the hours of operation shail be Iimited 4o the followiny day tlme hours: Weekdays: 7:30 a.m. to 6:30 p.m, Saturdays; 7:30 a.m. to 6 p.m. Sundays: t0 a.rn. to 5 p.m. 7. That there shall be no indepandent businesses operated out of the storage tacilltles. 8. That prior to is~uance of a building permit or within A period of one (1) year from the date of thi3 rosolution, whfchever occurs first, Candition Nos. 1, 2, 3 and 5, above-menttoned, shall be compllod w(th. Extenslons for further time tn complete s~id oondit!ons may be granted in Accordance with Soction i8.03.49U of th9 Anahelm Munlcipal Code, 9. That prior to final building and zoning inspocdons, Conditfon No. 4, above-mentfonecl, shall be complled with. 10. That approval of this applicatlon constitutos appr~val of the proposed request only to the oxtent that It complfes wlth tho Anzhelm MunicipAl 2oning Code ~and any other ap~!(Gable City, 9tate and Federel regulatlons. Approval does not include dny action or findings ~s t~ compliance or approval of tho request reparding any othar applicable ordinance, rogulation or requirement, [3E IT FURTHER RESOLVED that the Anr~he(m City Planning Comm(sston d~es hereby f(nd and determine that adoption of this Resolutinn is expressly prodicated upnn applicanYs comp~Iancg with each and all of the conditlons hereinabove set torth. Should any such condit(on, ar any part thoroof, be declared InvaUd or unenforceable by tho ffnal judgment of any court of compQtont Jurisdictton, then th(s FtASOlutlon, and any approvals herefn contained, sh~all b9 deemod null and vo(d. THE FOREGOING RESOLUTION was adopted at ihe Plannin Commission rneeting of J~ne 27, 199ti. ~-~ ~ _, ~ C ~ CHAIRMAN ANAHEIM CITY NPJING COMMISSION A7TEST: l:(,()l ~~of2C~ SECHETARY, A HEIM CITY PLA~dNING COMMISSION ~. PC94-85 STATE OF CALIFORNIA ) COUNTY OF OFiANGE ) ss. CITY OF ANAHEIM ) I, Mar~arlta Solorl~, 5ecretaiy of the An~helm City Planning Gommission, da hereby cc~rti4y ; thttt the foregafng resolution wec pass~ and adoptad at A meoting of the Anahuim City Planning ' Commission held on June 27, 1994, by the foliowing vote of the membors therent: AYES: CAMMISSIONERS: BOYDSTUN, CALDWEI.I., HENNINGCR, MAYER, PERAZA, TAIT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: MESSE IN WITNESS WHEREOF, I have herour+to set my han~ thls ~ day of , i s~a. ~~~Q,l~ClalZl,~L1 uo~ol~ SECRETARY, A HEIM ~ITY PI.ANNING COMMISSION _5, PC94-85 ;