Resolution-PC 99-90RESOLUTION NO. PC99-90
A RESOLUTION OF THE ANAHEIPA CITY PLANNING COMMISSION
THAT PE7ITION FOR VARIANGE NO. 4358 BE GRANTED
WHEREAS, the Ar.aheim City Planning Commission did receivE a verified Petition for
Variance for certain real p~ operty situated in the City of Anaheim, County of Orange, State of California
~escribed as: •
PARCEL 15, IN THE CITY ~F ANAhSEiM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOW-3 ON A PARCEL M/~P FILED IN BOOK 2, PAGE 1. OF
PARCEL MAPS, IN THE ~FFiCE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, tife Ciry Planning Commission did hold a aublic hearing at the Civic Center in
the City of Anaheim on May 24, 1999, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions ef the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed variance and to investigate and make
tindings ar,d recommendations in connection ther2with; and
WHEREAS, said Commission, after due inspection, investigation and study made by
~tself and in its behalf, and after due consideration of al! evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waiver of the following to construct a 3,200 sq.ft. storage
building:
Sections 17.08.036 - Required dedication and imorovement of riaht-of-wav.
17.08.650 (2 feet addition2l dedication with street imorovernents consistinq of curb.
18.04.080.005 ug tter and side+~,alk required along Liberty Avenue; none proposed)
18.04.080.010
18.04.080.020
and 18.61.100
2. That the above-mentioned waiver is hereby granted on the basis that there are special
circumstances applicable to the property consisting of location and surroundings which apply to all other
identically zoned and industrially developed praperty in this specific industrial area, and that strict
application of the Zoning Code would deprive this property of privileges enjoyed by those other properties
in the identica~ zone and classification because the area was developed in the 1960's with industrial street
widths narrowPr than the current Public Works Standard Detail for such streets and that street
improvements, as well as private parl<ing which adjoins and is perpendicular to the streets, were
constructed to 196~J's standards.
3. 'That the requested variance is necessary for the preservation and enjoyment of a
substan!ial property right possessed by other property in the same, vicinity and zone, and denied to the
property in question.
4. That the requested variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in such vicinity and zone in which the preperty is located.
5. That there is no reasonable relationship between the need for the required dedication and
imN ~ ovements at this time and the type of development project on which such requirements are imposed.
CR3646PK,DOC: -1- PC99-90
6. That the cost of the required dedication and improvements exceeds the burden or impact
created by the development project.
7. That the Public Works Department has no plans to improve Liberty Avenue in the near
future, but at some time in the future it may be determined that construction of sidewaiks is warranted due
to pedestrian convenience and/or safery.
8. That no one indicated their presence at the public hearing in opposition to the proposal,
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 15061(b)(3) as defined in the State of California Environmental Impact
Report (EIR) Gu~delines and is, therefore, categorically exempt from the requirement to arepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that ihe 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
~•.. i yenPral welfare of the Citizens of the City of Anaheim:
. ': hat the legal owner of th~s property shall provide the City of Anaheim with a public utilities
e~~ament ta be determined by the Public Utilities Department as electrical design is completed.
"a,'s~ easement shall be submitted to the City of Anaheim.
2. That any required relocation of city electrical facilities shall be at the developer's expense.
3. That the property owner shall record an unsubordinated covenant against the property, to the
satisfaction of the Planning Department, the Public Works Department and the City Attorney's
Office, indicating that the waiver of dedication (32-foot half width required along Liberty Avenue, 30
feet permitted) has been granted on the condition that the use of this property is the storage building
shown on the approved exhibits and that any modification of that use will require reconsideration of
the waiver.
4. That plans shall be submitted to the City Trsffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway iocations. Subject property shall thereupo~
be developed and maintained in conformance with said plans.
5. That subject property shall be developed substantialiy 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 No. 1, and as conditioned herein.
6. That prior to issuance of building permits or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3 and 4; above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
7. That prior t~ final building and zoninc~ inspections, Candition No. 5, above-mentioned, shall be
complied with.
8. 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 findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
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t3E IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Shouid any su h condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any cou competent jurisdiction, then this
Reso~ution, and any approvals herein contained, shall be d me ul d void.
THE FOf2EGOING RESOLUTIO~s d ed a th PI nning Commission meeting of
May 24, 1999. ~ .
PLANNING
ATTEST:
zcJ ~4~o~eea~
SECRETARY, ANAH IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarila 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 May 24, 1939, by the foliowing vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: P10NE
ABSEfVT: COMMISSIONERS: ESPING
IN WITNESS WHEREOF, I have hereunto set my hand this °~~`~~ day of
~i , 1999. ,
U .~ c~o~d.,
SECRETARY, AHEIM CITY PLANNING COMMISSION
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