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Resolution-PC 96-78~ ~ RESOLU'fION NO PC96-78 A RESOLUTION OF THE ANAHEIM CIN PLfWNING CIJMMISSION THAT PETITION FOR VARIANCE NO. d292 BE GRANtED YJHE~EAS, the ~~tecl i~n~halCity of Anahefm,iCounty of Oranga,~StaeofBCaiffomta Va~iance for certain real property described as: THAT PORTION OF LAND IPl THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALlFORNlA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT' TH~ M10S'f SOUTHEASTE.RLY CORNER OF LOT 16 OF TRACT MAP 5229, BK 192, PGS. 11 & 12 OF MISCELLANEOUS MAPS, RE(;~ORDS OF ORANGE COUNTY; THENCE S 22° 00' 00' E ALONG THE WESTERLY RIGFfT-0F- WAY OF MAUDE IANE, 64.00 F~ET WIDE, a DISTANCE OF 46.65 FEET i'O THE TRUE POINT OF BEGINNING. SAID POINT ALSU BEING THE BEGINNING GF A TANGENT CURVE Cl~NCAV~ TO THE WEST, HAVING A RADIUS OF 142.48 FEET, R RADIAL UNE OF SF?f),!,1.4`!~T~ A~ iAID POINT BcARS N 68° 00' 0'D' E; THENCE ALGNG SAID CUR:JE S~?llTF!~.nS~e.rkLY THROUGH A CENTRAL M1GL.E OF 19° Ol' 00' A DISTM~Cc. Ga Y7.~cfi f-E~°; ~ THENCE S 41 ° 07' Q4' W A DISTANCE OF 35.06 FEET; THENCE ~ fi~':.,~:?' 27' 1y A DISTANCE OF 100.00 FEET; 'r HENCE S 87° 01' 00' W A DiSTAR:;.E Q~. 130.00 FEET; THENCE t~ 2° 59' 00' W A DISTANCE OF 3.69 FEET 7U POINT ON A NON TANGENT CURVE CG~NCAYE NQRTHERLY HAVING A RADIUS OF 620.00 FEET, RADIAL UNE aF SAID CUR~ AT SAID POINT BEARS N 7° 17' 23' W; THENCE ALONG SAID CURVE EASTERLY THROUGH A CENTRf.t_ ANGLE OF 23° 54' 22' A DISTANCE OF 258.69 FEET TO THr TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hdd a publ~ hearing at t'!~e Civic Center in the City ot Anaheim on July 22, 1996, at 1:30 p.m., notice of said pubiic hearing having been duly given ::s required by law and in accordance wfth the provisions oi the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to lnvestigate and make flndings and recommendations in connectian therewith; and that said public hearing was cortinued to the August 1g, 1996 Planning Commission meeting; and WHEREAS, said Corrmission, after due inspection, investigation and study made by ftself and in its behalf, and after due consideration of all evidence and reports oHered at said hea~ing, does find and determine the fdlowing fa~s: 1. That the petftioner proposes waivers of the fdlowing to construct a 2-story, approximately 3,800 sq.ft., office building: (a) Section 18.04.060.050 (b) $ tion i 8.41.062.011 (c) 3e~tion 1 s 64.062.01~ - CR2722DM.WP Reauired oarkina 12t landsca~ina. (Minlmum 1 tree required in the parkiny lot [based on 1 t, ree~r_ o~ory 1p corrtiauoua oark~na sDaCesl; n n proposed) Maximum s~~t'~rai h ~ h• 22 f perrnltted when buAding Is located 44 ~eet from RS- 7200[SC] resideMial zoning to the ncxth; 283s feet proposed) Minimum larxl~~- °""' ~k adiacent to a resfdeMfal zone t~f ~t~required~ ~_f@~t ProPo~ ~een commercial parking spaces and RS-7~00[SC] zoning to the north) P~78 -1- ~ ~ ~d~ S~.r„n ia Ra ns2.010.011 - Minim~m setback adlacent to a scenlc hiahwav (100 feet required along Santa Ana CanYo~ Road; 4 f t a t- h end re and 10 feet to the 2-storv l~~ildi~ Rropa~1 ~8) ~~~~ 1g 84 062.010. 1~3 - Minimum setba~k adiacerrc to a locai street. (2p feet requlred between the 2-story bullding and Maude Lane; 1 ~ f proposed) 2. That there are special circumstances appl~aWe to the property~ consisting of ks extremely irregular shape and size~ wF~~h do rx:t aPpIY to other idenUcaily zonecl pruPert'.es in the viciniry: 3. That str(ct applicatbn o# the Zoning Code deprives the property d PrNUe9es enJoyed by other propenies urxier {denUcal zoning dassiBcatton in the vE~tnfty; 4. That there are exceptional or extraordinary circums'.ar.~s of corsdl~°^s ~-''~~~~e io the property InvoNed or to the intended use of the property that do not apply generally to the property or dass of use in the same vicinfry and zone; 5. That the requested var~ance Is necessary forthe preservation arxl enJoymertt of a substarrtial property right possessed by other properry in the same vicinity and zo~e, and denied to the property in question; 6. That theo eqnue ~ eMsr in s c~h vicinlry and zoney (n ewh ch the property fs located;r and inJurious to the properry P 7. Thai 3 people ind~ated thelr presence at sakl pubik hea~ing in opposftion spoke and 2 ietters were receNed in opposRion, and that 3 letters were receNed in favor to subJect petftbn• CALIFORNIA ENVIRONMENTAL QUAUTI' AC7 FINDING: That the Anahsim Clry Plann(ng Commission has reviewed the (xoposal to construct a 2'st°ry~ approximately 3,800 square foat office buflding on ~~ ~rre9ularly-ahaPed Psrce~ of land c~-sisting of approx~matelY 1.2 acres, located at the northwest comer of Sa~ Ana Canyon Road and Maude Lane, having approximate frontages af 1 A20 feet on north side of Santa Ana Canyon Rc+ad and 120 feet on tho wesc~ the NegatNe Dedarat on upon described as 54a1 East Santa Ana Canyon Road; and does herebY apP Hndfng that the dedaration reflects the indeper-derrt jud9emeM of tlie lead agency and that ft has considered tF}s NegatNe Dec~aration together with any comments receNed during the publlc review process and further flnding on the basf~ of the inftlal stu~y and any commeMs receEved that there is no substantfal evidence that the proJect wUl have a signtflcant effect on the environment NOW, TNEREFORE, BE IT RESOLVED that the Anaheim Cfty Planning Commisslon does hereby 9~~ subject Petftion for Variance,~ ~~thee bject property~in~ordoir to pr heserve the saferyand necessary prerequisite to the proposed general welfare of the Cftizens af the Cfty of Anahefm: 1. That a pe~formance bond shall be posted for street improvements alon9 SaMa Ana Carryon Road and Maude Lane. Street ImprovemeM ptans shall be submitted to the Publ~ Works Departmerrt, Development Services Dlvision. n,~~m The improve neMs shal' I be~constn~cted Prbr to flnal buUding locations approved by the ~CItY 9~ and zoning inspeccion. -2- PC96-78 ~ ~ 2. That the deveioper shall submit a water qualiry mae~a9ement plan (WoMP) speciflcal~Y IdeMKying the best managemerrt practices that will t~e used on sice to contrd predictaWe pol~utants from stflrmwater runoff. The WQMP shall be submitted to the Public Works Engineering Departmem, DeveloPmeM SBNices DNis~on, for review and approval. 3. That prior to grading ptan approval, the developer shall submR a larxlscape pian to prrnide surface erosion controe :or the undeveloped poni°~ ~ the property The landscc~xPe ~lan shall feature natNe or drougM toler~rrt plar~t materials. 4. That Iprior t~ grading ~lan approval, the develuper shall submii a dra~9e ThP~ dra1~Sa f epo~ $hall pep~e~~ snt, DevelopmoM Services Division, for review and aPP reGOmmend dra~na98.!mprovemeMs to ensure that drainage to the ad;acerst prfvate Property is within acceptable standarda 5. That prior to grading plan ~pproval, the developer shall submit a soAs report to the Pubtla W~*ks DO~a,nrr,ent. Developm~nt Services ~Nision• 7he report shall indude an ana~ys~s afi the recerrt u~authorized flll of the SAVI cana~• 6. Tha2ltghting fixtures in anY pr~posod Parking area located adJaceM to any re,sidentlal propertY '?ha~l t~e dcwn-Iightec! vrith a maximum heigMlf es t peot~ect the rasklent~lal integrity of the area andes~ll a~ray from adjacent rasideMial propsrtY ~e ¢,~.sFecHied on the plans submttted for buUding pem'dts• 7. T~aaY no ~not-mo~:ntod equipmeM shall be peRnftted. G.. ' That tt~3s Variance is granted sublec~ to adoption of a zoning ordinance in cannectbn wfth Rev!~sstficatton No. 95-96-04, now Pending. ~; 9. ' Tf~at finai landscape~~ ~rri3atlon and signage pians (including the recomrr-ended relocation of the trash enclosure) shall be submitted to the Zoning Division for review ar-d app~oval by the Planning Commission as a'Rep~orts and Recommendations' itern; and that the landscape plans shall show the trees at a distance n3c:ommended by the Parks and Recreation Department• 10. That the opaque glass illustrated (on tha appro~ied exhibfts) on the north facing second stary Wi^~O~ shall be permanenUy maiMained. 11, That no medical or dental offlces shall be Permt~ed on the second floor of th~s buUding. 12. That all IandscaPfn9 cn the properry Qncluding the mw^t westerly ponion of the propei'hi) she~l be pe~nanerrtiy mairttained and irrigated. 13. That no fteestanding ider~tiflcation signs shall be permitted on subJect propertY unless a variance roved by the Planning Commissfon and/or CftY CouncN. permitting such a sign is flrst app ro shall be developed substantially In accordance wKh Piens a~ ~~~tions 14. That subJ~ P PBrtY De mrtment~marlced Revision No 1 of tExhibNo~. 1 and 2 a~d E~ibft Nos. 3 ertd 4. ~ Plann ng Pa 15. That p~ior to issuance of a building pertnft or wfthin a pe~lad of ~ne (1) year '~°m ~~te o f t h is resolution, whichever occurs flrst~ Co~dnion Nos.1, 2, 8, 9 a~d ~9~ hete~-ne~nted in a~ c: c o r da n c e~''~ wiih. Extensions for further dme to complete said condn~ons m~Y 9 Section 18.03.090 of tha Anahelm Municipa~ Code• pC96-78 -3- ~ ~ 16. That prior to flnal buildtng atx! zoning inspections, Condition Nos. 14 and 20, herein-merit{oned, shall be comp113d with. 17. That approval of this appiicaUon constitutes approval of the proposed request only to the exten`. that ft complies v-1th the Anahefm Muntcipal Zoning Code and an}~ other appllca~e Ciry, State and Federal regulations. Approval does not Include any action or ftndings as to compiiance or approdal of the request regardfng any other applicabte ordinance, regulation or requiremeM. 18. That the hours of operatlon shall be I(mited to 8:C0 a.m. to 6:00 p.m. 19. That plans shall be submitted to the City Traffic and Transportatton Manager for review and approval showing coi~formance with the most cunent versions of Engineering Standard Nos. 436, 601 and 602• 20. ThaY, if approvsd, the drivoway on Santa Ana Canyon Road shall be constructed wfth ten (10) foot radi~s curb retums as required by the City Engineer in conformancA wfth Engineering Standard No. 137. BE IT FURTHER RESOLVED that tha Anaheim Ciry Planning Commission does heret~y find and determine that adoption of this Resolution is expressly predicated upon applicam's compifance wfth each and all of the condi±ions herefnabove set forth. Shouid any such condition, or any part thereof, be declared Irnalid or unertforceable by the flnal Judgment of any couR of comPetent jurisdiction, then this Resolutlon, and any approvals herein contained, shall be deemad null and void. THE FOREGOING RESOLUTION was adopted ~t~ho 1'lannfng Commission meeting af August 19. 1996. /~~ f~' CHAIRMAN, ANAHEIM ITY PLANNING COMMISSION ATTEST: ~~ S.ECRE7ARY, AN EIM CITY PIANNING COMMiS~ION STAfE OF CALJFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEI~d ) I, Margarita Sdorio, Secretay of the Anaheim Cfty Planning Commissfon, do hereby certff~/ that the foregoing resdution was passed and adopted at a meeting of the Anaheim Ciry Planning Commfssion held on August 19, 1996 by the following vote of the members thereof: AYES: COMMISSIONER5: BOSTWICK BOYDSTUN, BRISTOL, HENNINGER, i~AAYER, MESSE NOES: COMMISSIOMERS: NONE ABSENT: COMMISSIOIJERS: PERA7A ~p~, IN WfTNESS WHEREOF, I have hereunto set my hand this f U~y' day of ! 996. SECRETARY, Ah{l HEIM CI7Y PLANNING COMMISSION -4~~ PC96-78