Resolution-PC 98-61RESOLUTION NO PC98-61
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMM~SSION
THAT PETITiON FOR VARIANCE NO. 4356 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
THE NORTH 15 ACRES OF THE EAST 33.10 ACRES OF THE NORTHWES7
QUARTER OF THE SOUTHWEST QUA.RTER OF SECTION 23, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWE5T
QI~ARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS
OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THEREFROM THAT PORTION LYING NORTHEASTERLY OF
THE SOUTHWESTERLY LINE OF THE SANTA ANA BRANCH OF THE
SOUTHERN PACIFIC RAILROAD COh1PANY WHICH EXTENDS SOUTHERLY
ACROSS SAID WEST HALF OF THE NORTHEAST QUARTGR OF THE
SOUTHWEST QUARTER OF SECTION 23.
ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHERLY OF
THE NORTHERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF A DEED
TO .THE SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION,
RECORDED SEPTEMBER 20, 1961 IN BOOK 5854 PAGE 457, OFFICIAL
RECORDS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 27, 1998, at 1:30 p.m., notice of said public hearing having been duiy 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 variance and to investigate and make
findings and recommendations in connection therewith; and that said public hearing was continued to the
March 30, and April 13, 1998 Planning Commiss~on meeting; and
WhIEREA5, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the petitioner proposes waivers r~f the following to construct a 271,775 sq. ft.
industrial buiiding in conjunction with demoliiion of one industrial building and renovation of a second
industrial building:
(a) Section 18.61.063 010 011 - Minimum structural and landsca ed setbac .
(50-foot structural setback from Anaheim Boulevard and Cerrifos
Avenue required, 25 to 4 feet proposed; and
10-foot landscannd setback from Cerritos Avenue required, t~one
to 1u feet proposed)
CR32~2PL,DOC -1- PC98-61
(b) Section 18.61.064.020 - Permitted encroachments into setback area.
(maximum 36-inch hiQh decorative screen wall located 10 feet
from the ultimate street right-of-way permitted;
8-foot hiah wrouuht iron fence with oilasters located 8 feet from
Cerritos Avenue and 13 to 20 feet from Anaheim Boulevard
proposed)
(c) Sections 18.U4.060.050 - Minimum oarkina lot landscaoina.
18.06.030.040 (one landscaoed olanter separating every
and 18.61.066.030 10 parking spaces required; none proposed)
(d) Section 18.04.080.020 - Renuired imorovement of ripht-of-wav.
(53 feet dedication with street imorovements required along
Cerritos Avenue; 53 feet dedication without street imorovements
proposed)
2. That waiver (b), permitted encroachments, is hereby approved because the
proposed fence wiil serve as a screening mechanism when planted with vines and shrubs; and that the
intent of the Code requirement is to prevent large flat surfaces and the use of a wrought iron fence will
meet the intent of the Code while providing an aesthetic enhancement to the existing and proposed
facilities; and that other properties in the vicinity have been developed with similar fencing.
3. That waiver (c), minimum parking lot landscaping, is hereby approved because the
size of the property allows for opportunities to plant the required landscaping eisewhere on the properly
while still maintaining a similar effect.
4. That waiver (d), required improvement of a pubiic right-of-way (Cerritos Avenue), is
hereby approved on the basis that the Public Works Departmen: has determined that the widening of
Cerritos Avenue is not necessary at this time and that, based on the reduction of square footage, this
development will not be required to make the street improvements to widen the street should it become
necessary in the future.
5. That the above-mentioned waivers are hereby granted on basis that there are
special circumstances applicable to the property such as size, shape, topography, location and
surroundings which do not appiy to other identically zoned property in the same vicinity; and that strict
application of the Zoning Code deprives the property of privileges enjoyed by other praperties in the
identical zone and classification in the vicinity.
6. That there are exceptional or extraordinary circumstances or conditions anplicable to
the property involved or to the intended use of the property that do not apply generally to the property or
class of use in the same vicinity and zone.
7. That the requested variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, and denied to the
property in question.
8. That the requested variance will not be materially detrimental to the public weifare or
injurious to the property or (mprovements in such vicinity and zone in which the property is located.
9. That three people indicated their presence at the public hearing in opposition and
that one person spoke in opposition; and that no correspondence was received in opposition to subject
petition.
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CAUFORNIA ENVIRONMENTAL QUALfTY ACT FINDING: That the Anaheim City
Planning Commission has rewewed the proposal to construct a 271,775 sq, ft. industrial building in
conjunction with the demolition of one existing industrial building and the renovation of a second existing
industrial building on a 18.6-acre parcel located at the southeast corner of Cerritos Avenue and Anaheim
Boulevard and having frontages of 1,2G0 feet on the south side of Cerritos Avenue and 530 feet on the
east side of Anaheim Boulevard (7500 South Anaheim Boulevard and 300 East Cerritos Avenue; and
does hereby approve the Negative Declaration upon finding that the decla~ation reflects the independent
judgement of the Iead agency and that it has considered the Negative Declaratian together with any
comments received during the public review process and further finding on the basis of the initial study
and any comments received that there is no substantiai evidence that the project will have a significant
effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to
be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety
and general welfare of the Citizens of the City of Anaheim:
1. That the Iighting used on-site shall be white metal halide, as recommended by the Community
Development Department. Said information shall be specifically shown on plans submitted for
building permits.
2. That the landscaped planters shall be permanently maintained with live and healthy plants, and that
the irrigation system shall be maintained in compliance with City standards. That any tree planted
on-site shall be replaced in a timeiy manner in the event that it is removed, damaged, diseased
and/or dead.
3. That the Iegai owner of the subject property shall record an unsubordinated agreement agreeing
that the residual poRion of the parking spaces located in the "Critical Intersectian widening [if
applicable)" area shall be replaced with a minimum ten (10) foot wide fully Iandscaped and irrigated
planter at the time Critical Intersection improvements are made adjacent to the subject property.
Prior to recordation with the Office of the Orange County Recorder, the proposed agreement shall
be submitted to the City Attorney for review and approval. A copy of the recorded agreement shall
then be submitted to the Planning Department.
4. That layered landscaping shall be provided to enhance the frontages along Cerritos Avenue and
Anaheim Boulevard. Said information shall be specifically shown on plans submitted for building
permits.
5. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public streets. Installation of any gates shall conform tu Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
6. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Pian Nos. 436
and 602 pertaining to parking standards and driveway locations. Said information shail be
specifically shown on plans submitted for building permits. Subject property shall thereupon be
developed and main;ained in conformance with said plans.
7. That all driveways shall be constructed with minimum ten (10) foot radius curb returns, as required
by lhe City Engineer in conformance with Engineering Standard No. 137.
8. That no required parking area shall be fenced or otherwise enciosed for storage or other outdoor
uses.
9. That a plan shall be submitted showing the loading space for trucks conforms with Cude Section
18.06.060. Said information shall be speci ically shown on plans submitted for building permits.
"3' PC98-61
10. That the developer shall comply with Chapter 14.60 of the Anaheim Municipal Code relatinc~ to
Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading
zones, and by joining and financially participating in the ATN and Clean Fuel Shuttle Program and
by installing bicycle racks.
11. That plans sliall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with Engineering Standard No. 137 pertaining to sight distance
visibility for sign or wall and fence locations. Said information shall be specifically shown on plans
submitted for building permits.
12. That the water backflow equipment and any other large water system equipment shall be installed
to the satisfaction of the Water Utility Division in either (i) underground vaults or (ii) behind the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on Flans submitted for building permits.
13. That if this project has landscaping area(s) exceeding two thousand five hundred (2,500) square
feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim
Municipal Code and Ordinance No. 5349.
14. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Such information shail be specifically shown on the plans submitted for
building permits.
15. That a plan sheet for soiid waste storage and collection and a plan for recycling shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approval.
16. That an on-site trash truck turn-arouna area shall be providCd in conformance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of ihe Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
building permits.
17. That a lot line adjustment to combine the existing lots adjacent to Cerritos Avenue and Claudina
Street into two (2) parcels shall be submitted to the Subdivision Section and aporoved by lhe City
Engineer and then recorded in the Office of the Orange County Recorder.
18. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement eight
(8) feet in width to provide fifty three (53) fpet in width from the centerline of Cerritos Avenue for
street widening purposes.
19. That sidewalks shall be installed along Cerritos Avenue in accordance with standard plans and
specifications on file in the Public Works Department.
20. That the owner of subject property shall submit a letter requesting termination of Variance No. 3148
(w?::~er of maximum fence height to construct a 15-foot high fence) and Variance No. 1961 (waiver
or minimum required front landscaped setback to permit a private parking lot) to lhe Zoning
Uivision.
21. That any changes to the approved landscaping plan shall be submitted to the Zoning Division for
Planning Commission review as a"Reports and Recommendations" item.
22. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which pians ara on file with the Planning
Department marked Exhibit Nas. 1 through 6, and as conditioned lierein.
-4- PC98-61
23. That an unsubordinated reciprocal access and parking agreement, in a form satisfactory to the City
Attorney, shall be recorded with the Office of the Orange Counfy Recorder. A copy of the recorded
agreement shall be submilted to the Zoning Division.
24. That ail truck parking shali be on-site.
25. That prior to commencement of the activity authorized by this reso~ution, or 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, 4, 5, 6, 9, 11, 12, 14, 15, 16, 17, 18, 20 and 23, above-mentioned, shall be
complied with. Extensions for furiher time to compiete said conditions may be granted in
cccordance with Section 18.03.090 of the Anaheim Municipal Code.
26. That prior to final building and zoning inspections, Condition Nos. 7, 10, 13, 19 and 21,
above-mentioned, shall be complied with.
27. That approval of this application constitutes approva~ of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other app~icable City, State and
Federa~ regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of tiiis Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions hereinabove set forth. Should a~~y such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 27, 1998.
•`~ -' ~,~
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CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
`-n1a,n~aa.r~.~ S'e~
SECRETARY ANAHEIM CITY PLANNING COMMISSIOfJ
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Soforio, Secre;ary of the Anaheim City Planning Commission, do hereby certi(y
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Plannfng
Commission held on April 27, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERA7~,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT
IN WITNESS 1h'HEREOF, I have hereunto set my hand this Z'~' day of
~, 1998.
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SECR~TARY, AHEIM CITY PLANNING COMMISSIQN
"5' PC9f,-61