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Resolution-PC 97-76.~ RESOLUTION N0. PC97-76 ~;;il R RESOLUTION OF THE ANAHEIM CiTY PIANNING COMMISSfON THAT P'ETITION FOR VARIANCE N0. 4301 BE GRANTED WFiEREAS, the Anaheim Ciry Planning Comm9ssion did receive a ver'rfied Petftion for Variance for certain real property s8~atecl in the City of Anaheim, Count~ nf Orange, State o` Cal'rfornia described as: PARCELS 1 AND 2, AS SHOWN ON A MAP FIIED IN BOOK 129, PAGE 1~ OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, C,ALIFORNIA WHEREAS, the City Planning Comm(ss~on did hold a public hearing at the Civic Center in the Ci2y of Anaheim on June 23, 1997, at 1:30 p.m., not(ce of said public hearing having beo.n duly gNen as required by law and ~n accordance with the proti4sions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and agatnst said proposed variance arid to investigate and make findings and recommendations in connection therewith; and WHEREAS, satd Commission, afte~~ due fnspection, investigation and study made by icself and in its behalf, and after due consideration of ali evidence and reports offered at said hearing, does iind and determine the fol~owing facts: 1. Tf~at the petftioner proposes waivers of the following to construct a private off-site ernployee parking lot for a regional material recovery facility and an adJaaent aluminum parts manufacturer, and temporary Caltrans employee anci contractor pa~king: {A} Sgctions 18.04.060.050 - 090 Minimum r~ark~na lot landscaaina. ~ parking lot trees and 7 landscaped p~anters containing 7 and 18.t 10.060. addftlonal trees separating every 10 spaces required; 5 parking Iot tr2es and nu landscaped plante~s proposed) (B) e 21ar+~1~0E~ 1Q0.10Q1 - Permitted encroachments into reaufred vards. h fence permitted in mir~imum 10 foot front (nch hi 36 9 - (maximum setback along arterial highways and freeway frontage roads; 6-foot hfcth fence set back 5 feei from La Palma Avenue and La Mesa Avenue proposed) (C) SeciEons 18.04.QS0.050.0~ - Mlnimum landsca^°~ ~°fwack adlacent to an ae ro~d t f 18.11~.060.039A9t?2(b) . a ron arterial hiahwav and a freeway and 18 110 060.090.0903(C) {U) Sections 18.04.043 - Permitted encr~~hments into reauired r s. ~nd 18110.060.090.100 CR 2947PLWP -1- PC97-76 ~ ~ 2. That the above-mentioned waivers are hereby granted on basis that there are speciat circumstances applicable to the property such as size, shape, [opography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Gode deprives the property of privileges enjoyed by other propertfes !r the identical zone and classffication in the vicinity. 3. That there are exceptional or extraordlnary circumstances or conti~ions applicable ta the ~roperty invoived or to the iMended use of the properry that do not apply generaUy fo the property or class of use in the same vicinity and zone. 4. That the requested variance is necessary ior the preser~ation and enjoyment of a. substantial properry right possessed by other property fn the same vicin'rty and zone, and denied to the~ property in quesiion. 6. That the requested varfance will not be materially detrimental to the public welfare or Injurious to the property or fmprovements in such vici~iity and .zone in which the property Is located. 6. That no one irniicated thelr presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petttion. GALIFORNIA ENVI~tO'NMENTAL QUALITY ACT FINDIPIG: That the Anaheim Ciry Planning Commission has rev(ewed the proposal to construct a private off-site employee parking lot for a regfonal material recovery faciliry and an adjacent alumfnum parts manufacturer, and temporary Caltrans employee and contractor ~arking on a irregulart~p shaped 1.2-acre property located at the southeast con-~er of La Palma Ayenue and Blue Gum Street, with frontages of 155 feet on the south side of La Patma Avenue, -320 feet on the east side of Biue Gum Street, and 158 feet on the north side of La Mesa Avenue (1070-109U NoRh Blue Gum Street); and does hereby approve the NegaCve Declaration upon finding that the dec~aration reflects the independent Judgement of the lead agency and that ft has considered the Negative Declaration togather with any comments receNed during the public review process and further finding on the k~asis of the lnitiai study and any comments received that there is no substanY~al e.vidence that the projer,4 wiil f~ave a significant effect on the environment. 1. That a parking lot (s a permitted use in Development Area 1 A(Inc3ustrial Area Recycling Overtay Area) of Speciflc Plan No. 94-1 (Nartheast Area Saecific Plan); 2. That tliere are special cfrcumstances applicabie to the property consisting of fts location and surroundings which do not appl~ to other identically zoned properties in the vicinfty; 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity; 4. That waiver (a) for minimum parking lot landscap(ng pertains oniy to the Iocation of the landscaping and that landscapln~ wiil be provided along the east property Iine where ne landscaping i~ required to comper,sate for the lack of landscaped planters and trees in the interior of the Froperty; and that strict enforcement of this Code requfre~ment ~couid decrease the total averall landscaping of tha property; 5. That the waiver (b) for permitted encroachments into required yards is not for a solid structure or fence, but ior a decoratNe metaS fence whh w(dely spaced masonry pilasters which provide securiry for the vehicles parfced on sfte whie allowing full visibility onto subJect property; and that the prcposed fence is aesthetically pleasing and will not interfere with the placement or visibflity of the proposed landscaping of the sfte; -2- PC97-76 ~ ~ 6. That v~afvers (c) and (d) are hereby deniod on the basis that they were eliminated folfowing publ(c natificat(on; and NOW, THEREhORE, BE IT RESOLVED that the knahelm Ciry Pianning Commiss(on does hereby grant subject Petftion for Variancs, upori'the following c~nditlons which arg hereby found to be a necessary prerequfsite to the proposad use of the subJect property in order to preserve the safety and general welfare of the Citizens of the City of F:siaheim: 1. That ihis approval is contingent upon flnalization of an amendment to the Owner ?articipation Agreement between the Ctty of Anaheim, the Anahefm Fledevelopment Agency and Taarmina Industries Inc. 2. That the approprfate drainage assessmeni tees shall be paid ia an amount as established by Cfty Council resolution. 3. That prlnr to grading plan approval, the developer shall submii a v~ater quality management ptan (WQMPj specifically klentifyfng tho best management praciices that will be ~used or~ site to control pred(ctable polluG3nts from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Divislon, for review and approval. 4. That the parking lot shail be restricteti for use by passenger vehicles that can be parked within one parking space ar.d that parking Iarge commercial veh(cles and rolling-stock storage shail not be permitted. 5. That the drfveway gates shall remafn open at all times when the parking lot is in use. 6. That gates shall not be installed across any drbaway (n a manner which may adversely affect veh(cular traffic in the adjacent publfo streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the Ciry Traffic and i'ransportatlon Manager. 7. That plans shall be submitted to the Ciry Traffic and Transportation Manager for review and approval show!ng conformance wfth the la-est revisions of Engineering Standard Plan Nos. 436 and 602 pertaining ta parking standards and driveway locations. Subject property shall thereupon be developed and mainta(ned ln conformance with safd plans. 6, That all driveways shall be constructed with ten (10) foot radius curb returns as required by the Ciry Engineer in conformance wfth Engineering Standards. 9. That sidewalks shall be constructed along La Palma Avenue, Blue Gum Street and La Mesa Avonue in conformance with Public Works Standard No, 110. A Right-of-Way Constructlon Permft shall be obtained from the Public Wor{cs Department, Development Services Division. 10. That the subject property shall be developed substantially in accordance with plans and specffications submitted to the Ctty of Anaheim by the petftioner and which plans are on file with the Pianning Department marked Exhibit Nos. t and 2, and as conditioned here(n. S 1. That any s(gns shall be subject to the prior appruval by the Plann(ng Commission as a"Reports and Recommendations' item. ~_ PC97-76 ~~It- ~. 12. That prior to gradfnc~ plan ~¢proval, Conti~Cion Nas. 2, 3, 6 and 7, above-rnentioned, shali be com~li~zd wlth. Extensions f~r furt'hw.r time to complete sa(d conditions may be grarrt+ed in accordance with Section t$.D3.0913 af the ~Ar~aheim Municip2l ~;ud°• 13. That prior to corromenCem$nt r~f t'he actlvity u:ithorized by this resoiutfon or wfthin a p~riai of one (1) year froRn the date of this resolution, which~ver occurs first, Condition ~Jos. 1, Fi, 9 and 10, abaWe- m~entiorn~ec9, shall be com~lied with. Lxtensions fa.r further'time to ~omptete safd c4ndit(nns may be granter6 in accondanc~, ~wftl~ Section 78.03.090 of'the Ar~ahefm Municipa! Code. 14. That approvai of this a~p~icacion constltutes approval nf the proposed ret~uest onty to thQ ex:ent that ~t compil~s vuith ths rlnahaim Munfcipal Zoning Code ~nd any nther applicable Giry, State nd Fecieral regulations. Approval do2s not include any action or flndings as to compilance or approval of the request regard'ng any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOWE{7 that ihe Anaheim City Planning Corramissior~ does hereby flnd and deterrnine tha't adopYion ~af this Resotution is exaressly p-edicated upen applicant's compllanae wfth each and all of the canditions hereinabove set forth. Should any such cor~lltion, or any part thereof, be dedared fnvalid or unenforceable by the final judgment of any c~ourt of competent fUrisdiction, then this Resolution, and anY approvals harefn contained, shal! be deemed null and vaid. THE FOF4EG01~1G RESOLUTION was adopted at the Planning Commission meetlnc~ of June 23, 199~. ~~ --~ •-.7 -~'=,~~~ C.!>/.Gc,t-~ ~ -~'~~'t'~~ r CHAIfiPERSI~N, ANAHEIM CITY PLANNING COMMISSION ATfEuT: ;' ~~,t.frt ~ 4 1 m~ SECRETARY', / AHEIM C1TY PLANNING COMMISSION I STATE OF CAUFORNIA ) ~OUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Sdorio, Secretar/ of the Anahe(m ~ity Planning Commission, do hereby certKy that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commissio~~ held on June 23, 1997, by ths foltowing vote of the menbers thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSl'UN, BRISTOL, HENNINGER, MESSE, PERAZA, NOES: COM~.AISSIONERS: NONE ABSENT: COMMISSIONERS: MAYER VACANCY: ONE SEAT IN WITNESS WHEREOF, I have hereunto set my hand this,~~ day of ^ ~ 1997. ~~~~~ SE REfAR , ANAHEIM CITY PIANNiNG COMMISSION ~_ FC97-76