Resolution-PC 2010-077A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVING VARIANCE NO. 2010-04S 13
(DEV 2010- 00084)
(611 EAST ADELE STREET)
WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as
"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 shown on Exhibit "A ",
attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance from side yard setback adjacent to
a residentially zoned property to construct a 1,760 square foot metal industrial building in the
Industrial (I) zone and the Anaheim General Plan designates this property for Low Medium
Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on September 13, 2010, at 5:00 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 18.60 "Procedures ", to hear and consider evidence for and against said
proposed variance and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, the Planning 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 applicant requests to deviate from the following to construct a 19 -foot
high, metal industrial building:
SECTION NO. 18.10.060.030
RESOLUTION NO. PC2010 -077
Minimum side yard setback adjacent
to a residential zone
(36 feet required; 21 feet proposed)
2. The requested variance is hereby approved because there are special
circumstances applicable to the property because of the narrowness of this lot.
3. Strict application of the Code would deprive the property of privileges enjoyed by
other properties under the identical zoning classification in the vicinity because the lot is so
narrow that the height of the building would be limited to a maximum of ten feet which would
deprive the owner of reasonable use of the property..
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WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 3 (Small Structures) as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2010 -04813 subject to the conditions of approval described in
Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health,
safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended
by the Planning Director upon a showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose of the condition (s), (ii) the modification
complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this Variance is approved without
limitations on the duration of the use. Amendments, modifications and revocations of this permit
may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and
18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
BE 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. 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 null and void.
BE IT FURTHER RESOLVED 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of September 13, 2010.
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, AN EIM CITY PLANNING COMMISSION
I, Eleanor Morris, 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 September] 3, 2010, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, KARAKI, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have hereunto set my hand this 13`" day of September,
2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -077
APN: 035 - 173 -15
50
Feet
Sao
EXHIBIT "A"
DE V2010.00084
4 2 21
11,00-' ST
4
42?'
42 ?1
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
11004
PC2010 -077
EXHIBIT "B"
VARIANCE NO. 2010-04813
(DEV2010- 00084)
SIGNED OFF
NO. CONDITIONS OF APPROVAL REVIEW BY BY
PRIOR TO BUILDING PERMIT
1 All backflow equipment shall be located above ground Water
outside of the street setback area in a manner fully Engineering
screened from all public streets and alleys. Said
information shall be specifically shown on plans and
approved by water Engineering and Cross Connection
Control Inspector before submittal for Building permits.
2 Prior to issuance of a building permit, the owner shall Public Works,
irrevocable offer to dedicate to the City of Anaheim an Traffic
easement 30 -feet in width from the centerline of Adele Engineering
Street and 10 -feet in width from the centerline of the alley
for road and other public purposes.
PRIOR TO CONSTRUCTION
3 All requests for new water services or fire lines, as well as Water
any modification, relocations, or abandonments of existing Engineering
water services and fire lines, shall be coordinated through
Water Engineering Division of the Anaheim Public
Utilities Department.
4 A Water Quality Management Plan (WQMP), as described Public Works,
in the Drainage Area Management Plan for Orange Development
County, shall be submitted to the Public Services
Works/Development Services Division for review and
approval. Said WQMP shall:
• Addresses Site Design Best Management
Practices (BMPs) such as minimizing
impervious areas, maximizing permeability,
minimizing directly connected impervious areas,
creating reduced or "zero discharge" areas, and
conserving natural areas.
• Incorporates the applicable Routine Source
Control BMPs.
5 PC2010 -077
SIGNED OFF
NO. CONDITIONS OF APPROVAL REVIEW BY BY
GENERAL
• Incorporates Treatment Control BMPs.
• Describes the long -term operation and
maintenance requirements for the Treatment
Control BMPs.
• Identifies the entity that will be responsible for
long -term operation and maintenance of the
Treatment Control BMPs, and describes the
mechanism for funding the long -term operation
and maintenance of the Treatment Control
BMPs.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
5 The WQMP shall: Public Works,
• Demonstrate that all structural BMPs described Development
in the Project WQMP have been constructed and Services
installed in conformance with approved plans
and specifications.
• Demonstrate that the applicant is prepared to
implement all non - structural BMPs described in
the Project WQMP.
• Demonstrate that an adequate number of copies
of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an
Operation and Maintenance Plan for all
structural BMPs.
6 That ongoing and during project operation, no required Code
parking or vehicular accessways shall be fenced or Enforcement
otherwise enclosed for outdoor storage uses.
7 Trash storage areas shall be maintained in a location Planning,
acceptable to the Public Works Department and in Public Works
accordance with approved plans on file with said
Department. Said storage areas shall be designed, located
and screened so as not to be readily identifiable from
6 PC2010 -077
NO. CONDITIONS OF APPROVAL
adjacent streets or highways.
8 That curbs adjacent to the drive aisles shall be painted red
to prohibit parallel parking in the drive aisles. Red curb
locations shall be clearly labeled on building plans.
9 The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of
graffiti within two business days from the time of
discovery.
10 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 No. 1
(Site Plan) as conditioned herein.
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SIGNED OFF
REVIEW BY BY
Code
Enforcement
Code
Enforcement
Planning
Division
PC2010 -077