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Resolution-PC 99-71RESOLUTION NO. PC99-71 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 4357 BE GRANTED WHEREAS, the Anaheim City Planninq C~mmission did receive a verified Petition for Variance for certain real property situated in the City oi ;~im, County of Orange, State of California described as: PARCEL 1: LOTS 5 and 6 IN BLOCK 4 OF TRACT NO., 419, AS SHOWN ON A MAP THEREOF RECORDED IN 300K 16, PAGE 2, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. PARCEL 2: LOTS 5,6,21 AND 22 IN BLOCK 3, AND LOTS 3, 4, 5, 6, 21, 22, 23, 24 AND 26 IN BLOCK 4 OF TRF,CK NO. 419 AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 16, PAGE 2, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY. BEGINNING AT A POINT IN THE. EASTERLY LINE OF SAID LOT 7, DISTANT THEREON SOUTH O° 09' 45" EAST 257 FEET FROM THE NORTHEAST CORNER OF SAID LOT 7, AND RUNNING THENCE NORTH 89° 54'30" WEST 175.17 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF THE 50UTHERN PACIFIC RAILROAD, AS SAID RIGHT OF WAY IS SHOWN ON SAID MAP; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, 269.27 FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 7; THENCE NORTNERLY ALONG SAID EASTERLY LINE, 203.72 FEET TO THE POINT OF BEGI~INING; EXCEPTING FROM SAID PARCEL 3 THE SOUTHWESTERLY 65 FEET THEREOF AS CONVEYED TO THIS STATE OF CALIFORNIA BY DEEDS RECORDED APRIL 25, 1950, IN BOOK 2003, PAGES 484 AND 488, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; PARCEL 4: LUTS 1 AND 2 IN BLOCK 4 OF TRACT NO. 419 AS SHOWN ON MAP THEREOF RECORDED IN BOOK 16, PAGE 2, MISCELLANEOUS MAPS, RECORDS OF SAfD ORANGE Ct?UNTY; PARCEL 5: ALL THAT PORTION OF THE ALLEY LYING BETWEEN LOTS 3 TO 6 INCLUSIVE AND LOTS 1 AND 26; AND LOTS 21 AND 24 INCLUSIVE IN BLOCK 4; AND THAT PORTION OF THE ALLEY LYING BETWEEN LO"fS 5, 6, 21 AND 22 IN BLOCK 3; AND THE EASTERLY ONE-HALF OF THE ALLEY ADJOINING LOT 2 IN BLOCIi 4, TRACT NO. 419, AS PER MAP RECORDED IN BOOfC 18, PAGE 2 OF MISCELLANEOUS MAPS, RcCORDS OF ORANGE COUNTY CALIFORNIA, AND A RESOLUTION OF WHICH WAS, RECORDED MARCH 29, 1956 IN BOOK 3454, PAGE 473,; OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 26, 1999, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordanca 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 WHEREAS, 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: C~t3619PK.DOC -1- PC99-71 1. That the petitioner proposes waiver af the following to construct two (2) wall s?gns on a new 45-foot high, detached laundry and restroom building in conjunctian with an existing recreational vehicle park: Sections 18.05.080.030 - Maximum number and size of wall sinns. and 18.?_1.067.030 (one. 20 sa.ft., wall sign permitted; two. 64 sa.ft. each, wall signs proposed) 2. That the above-mentioned waiver is hereby grarrted on basis that there are special circumstances applicable to the property consisting of size, taaography, surroundings and building iocation, which do not apply to other identically zoned properties in the vicinity, because this trapezuid- shaped 6.6-acre property is above-average in size and irregular in shape with no frontage on a major arterial street , thereby resulting in restricted public visibility of the site. 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity because this RS-A-43,000 zoned property contains a commercial land use v~hich is difficult to compare with the land uses typically seen in the same zone. 4. That there are exceptional or extraordinary circumstances or cond:tions applicable 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. 5. That th:; 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 questian. 6. That the requested variance will not be materially detrimental to the public welfare or inj~rious to the property or improvements in such vicinity and zone in which the property is located. 7. That no one indicated their presence at the rublic hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: The Planning Director or his authorized representative has determined that the proposed project falls within the c!efinition of Categorical Exemptions, Class 11, as defined i~ the State of California Environmental Impact Report (EIR) Guidelines and is, th2refore, calegorically exempt from the requirement to prepare an EIR. 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 lhe City of Anaheim: 1. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, to comply with approved plans on file with said Department. 2. That relocation of any City electrical facilities sh; !I be at the expense of the property owner. 3. That prior to the 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 and 2, above-mentioned, shali be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipai Code. 4. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. CR3619PK.DOC -2- PC99-71 - 5. That approval of this appiication 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 reguiations. Approval does not include any action or flndings as to compliance or approval of the request regarding any other applicabie ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed nul~nd void. • ~ ~, THE FOREGOING RESOLUTION~v;s edop4ed SYthe Planning Commission meeting c April 26, 1999. ~ ' ' ,. / CHAIRP : , A R E M CITY PLANNING COMMISSION ATTEST: `~ Q/Jl~,Q~G~) 0~6~0~ SECRETARY, AN EIt,A CITY PLANNING COMMISSION STATE OF C;ALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 26, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, 3RISTOL, ESPING, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, ONE VACANT SEAT IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of __1~~ 1999. , l) ~LU ~0/P~ SECRETARY, AHEIM CITY PLANNING COMMISSION CR3619PK.DOC -3- PC99-71