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Resolution-PC 98-57RESOLUTION NO. PC98-57 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4013 BE GRANTED WHEREAS, the Anaheim City Planning Commi~sion did receive a verified Petition for Conditional Use Permit for certain real propecty situated in the C~ty of Anaheim, Caunty of Orange, State of California, described as: PARCELS 5 AND 6, AS SHOWN ON A MAP FILED IN BOOK 202, PAGES 41 TO 44 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEf2EAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 13, 1998 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permil and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation snd study made by itself and in its behalf, and after due consideration of all evidence and repons offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.41.050.135, 18.84.061 and 18.84.062.031 to construct a 99,454 sq. ft. planned commercial office/light industrial complex in seven buildings with a maximum height o~ 38 feet and with waivers of the following: (al Sections 18.01.130 - Reyuired lot frontaqe. (All lots shall abut a street or public alley; no street frontaae ~?roposed for Lot Nos. 2, 3, 4 and 5) (b) Sections 18.04.060.050 - Mfnimum oarkina lot landscaoina. and 18.41.063.040 (Landscaped planter required to separate every 10 or less ~arkina spaces; up to 12 soaces not separated by a landscaped planter) (c} Section 18.41.063.030 - Minimum structurai setback adiacent to interior boundary lines. 0 feet required; none to 67 fee proposed) 2. That waiver (a), required lot frontage, is hereby approved on the basis that there are special circumstances applicdble to this oddly-shaped property which prevents all lots from fronting on a public street, public alley or private street; and that since the properry is oddly-shaped, there are no special privileges granted in connection with the approvai of this waiver. 3. That waiver (b), minimum parking lot landscaping, is hereby approved on the basis that the odd shape of this property prevents the design of an efficient parking lot which provides Code-required parking and landscaped planters without allowing the propos~d eight specific areas ±o have 11 and/or 12 spaces in a row (instead of a maximum of 10 as required by Co;~te); and that considering the shape of tho property and the minimal deviation from Code standards, thei:e are no special privileges granted in conJunction with granting this waiver. CR3252PL.DOC -1- PC98-57 4. That waiver (c), minimum structural setback adJacent to interior boundary lines, is hereby approved on the basis of the odd shape of the property which forces development of Lot Nos. 1 and 2 to inco~orate a"zero" lot line des(c~n for the office/light industrial buildings; a~id, furthermore, that the 5-foot landscapzd setback of the trash enclosure ad;acent to the west property line will have no impact to the adjoining property; and that due to the shape of the properry and the minimal impact oE the proposed setbacks to interior property lines, there are no special privileyes granted in connection with lhe approval of this waiver. 5. That the proposed use is properly ona for which a conditional use permit is authorized by the Zoning Code. 6. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is p~oposed to be located; and lhat the size of the property is large enough to accommodate the development of this proposed office/Iight industrial complex. 7. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particu~ar area nor to the peace, health, safety and general welfare. 8. That the tra~c generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That granting of this conditional use permit, under the conditions imposed, will not be detrimentaf to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 10. That no one indicated their presence at the public hearing in opposition to the proposal; and that one letter voicing concerns was received. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That tho Anaheim City Plann~~ig Commission has reviewea the proposal to construct a 99,454 sq. ft. planned commercial officellight manufacturing complex in seven buildings with a maximum 38-foot building height and with waivers of required lot frontage, minimum parking lot landscaping and minimum structural setback adjacent to interior boundary lines on a 6.2-acre parcel located at ihe southwest corner of Santa Ana Canyon Road and Weir Canyon Road, with frontages of 301 feet on the south side of Santa Ana Canyon Road and 700 feet on the west side of Weir Canyon Road (8181 - 8201 East Kaiser Boulevard); and does hereby approve the Negative Declaratlon upon finding that the declaration retlects the independent Judgment of the lead agency and that it has considered the Negative Deciaration toge4her with any comments received durinc~ the public rev(ew process and furlher finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, TH~REFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hareby found to be a necessary prerequisite to the proposed use oF ihe ~ubject property in order to preserve the safety and generai welfare of the Citizens of the City of Anaheim: 1. That the property o~vner shall provide the City of Anaheim with a public utilities easement around any required pad mounted transformer, as specified by the Electrical Engineering Division. 2. That sewer and drainage improvements within this tract shall be privately mainta!ned. 3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the moat current versions uf Engineering Standard Plan Nos. 436, 602 and 605 pertaining to parking standards and driveway locations. Subject property shall thereupon be dsveloped and rnaintained in conformance with said plans. -2- PC9f3-57 4. That all driveways shall be constructed with ten (10) foot radius curb retums as required by the City Engineer in conformance wilh Engineering Standard No. 137 5. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and as required by the Department o* -~ublic Works, Straet Sweeping and Sanitation Division. 6. That a plan shall be submitted showing the loading spac~~ :;•r trucks conforms with Code Section 18.06.060 "Truck Loading Requirements:' 7. That the developer shall comply with Chapter 14.60 of the Anaheim Municipai Code relating to Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading zones, and by joining and fnanciaily participating in the ATN and Clean Fuel Shutlle Program, snd by installing bicycle racks. 8. That trash storage areas shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Such information shal~ be specifically shown on ihe plans submitted for building permits. 9. That a plan sheet for solid waste starage and collection and a plan for recyciing shail be submitted to ihe Public Works Department, Streets and Sanitation Division, for review and ap~proval. 10. That the property owneddeveioper shall submit landscaping and irrigation plans for refurbishing the slopes adjacent to Santa Ana Canyon Road and Weir Canyon Road for review and approval by the Zoning Division. Following approvai, the landscaping shall be instalfed and maintained in accordance with said plan. 11. That any tree planted on-site shall he replaced fn a ti,mely manner in the event that it is removed, damaged, diseased and/or dead. 12. That signs for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission; and, further, that any wall signs shall face the interior of the complex. Any additional signs shall be subJect to review and approval by ihe Planning Commission as a"Reports and Recommendations" item. 13. That any roof-muunted equipment shall be subject to Anaheim M,unicioal Code Section 18.84.062.032 pertaining to the "SC" Scenic Corridor Zone Overlay; i~cluding obtaining a conditional uso permit, if necessary. Such information sliall be specifical~y shown on the plans submitted for building permits. 14. That the industrial uses shall be limited to the Ifght manufacturing, processing, assembling, packaging, servicing or fabrication, inciuding the foliowing listed uses which are described fn Section 18.41.050.135 in the Anaheim Municipal Code; and that an unsubordinated covenant, reviewed and approved by the City Attorney's O~ce so-limiting said uses, shall be recorded in the Office of the Orange County Recorder; and that a copy of tho recorded covenant shail be submitted to the Zoning Division: (1) Laboratories, experimental or research (2) ! aboratories, physical or chemical testing (3) Pharmaceuticals or cosmetics (4) Publishing books, periodical ~ewspapers (5) ScienNfic equipment assembly (6) Communication equipment, components or supplies (7) Drafting (nstruments or goods -3- PC98-57 (8) Electrical or electronic equipme~t, componenis or products (9) Research, developmant and testing laboratories and facilities (10} Scientific, optical, medical, dental or photographic equipment, components arid products (11) Sound equipment, components or supplies (12) Any similar uses as specificaliy approved by the City (13) Any use permitted under Zoning Code Section 18.41.020 "Permitted Primary Uses and Structures," subject to all conditions of said Section Each individual use shail require the written approval of the Zoning Division prior to eccupancy which approvai shall only be given when it is demonstrated lhat such use is either an expressly permitted use in the underlying zone or meets the criteria of Section 18.41.050.135 of the Anaheim Municipal Code. 15. That the office irr~provements shall be limited to a maximum eighty three thousand five hundred forty one (83,541) sq. ft. (i.e., maximum 84% of the total floor area of the subject complex); and that a minimum of fifteen thousand nine hundred twelve (15,912) sq. ft. (minimum 16% of the total floor area) shall be reserved for industrial uses. Such information shall be sp2cifically shown on the plans submitted for building permits. 16. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by lhe petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 15, and as conditioned herein. 17. That the water backflow equipment and any other large water system equipment shall be installed to the satisf2ction of the Water Utility Division in either (i) underground vaults or (ii) behind the street setback area in a manner fuily screened from all public streets and alleys. 18. That all roll-up doors shall be painted to match the color of the adjacent building wall 19. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3, 5, 6, 8, 9, 10, 12, 13, 14 and 15, above-mentioned, shall be complied with. Extensions for further time ta complete said conditions may be granted in accordance with Section 1 ii.03.090 of the Anaheim Municipal Code. 20. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 4, 7, 16, 20 and 21, herein-mentioned, shall be complied with. 21. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or fndings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTNER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the finai judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -4- PC98-57 THE FOREGOING RESOLUTION was a'p d at th~Pla ing Commission meeting of April 13, 1998. ~j'" ~ ~~ CHAIRPERS , PRO M ORE ANAHEIM CiTY PLANNING COMMISSION ~t~~~z~~~s~i~.~e-~ SECRETARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNlA ) COUNTY OF OFtANGE ) ss. CITY OF ANAHEIM ) I, Margarita Selorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 13, 1998, by the foliowing vote of the members thereof: AYES: COMMISSIONERS:BOYDSTUN, BRISTOL, HENI~IINGER, NAPOLES, PERAZA NOES: COMMISSIONERS:NONE ABSENT: COfv1~11SSIONERS:BOSTWICK VACANCY: ONE SEAT VACANT IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of ~, 1998. ~~A.Q.f~~ ~6Qo~c~-' SECRETARY NAHEIM CITY PLANNING COMMISSION -5- PC98-57