Resolution-PC 2000-28• ~
RESaLUTION NO. PC2000-28
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIOIdAL USE PERMIT NO. 4179 BE GRANTED, IN PART,
FOR TWELVE (12) YEARS TO EXPIRE MARCH 13, 2012
WHEREAS, the Anaheim ~ity Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 31 PAGE 1 OF PARCEL
MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 13, 2000 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 permit 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:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.110.0~0.050.0514 to permit a contractor's storage yard with waivers
of the following:
(a) Section 18.110.070.090.0902(ii) - Minimum structural setback.
(b) Sections 18.04.049.050.053 - Repuired landscaping for outdoor uses.
18.61.068 (7 trees, minimum 24-inch box sized, required in front of
and 18.110.070.090 fencing that screens an outdoor use;
7 trees, 15-qallon sized, proposed)
2. That waivers (a), minimum structural setback, and (b), required landscaping for outdoor
uses, are hereby denied on the basis that s~id waivers were deleted when the petitioner submitted
modified plans.
3. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located because the project is
located in an industrial area and all the proPosed equipment storage and equipment-related maintenance
activities will be located behind the proposed building and an 8 foot high solid fence.
4. That the size and shape of the site for the proposed use, as conditioned herein, is
adequate to allow full development of the proposal in a manner not detrimental to the particular area nor
to the peace, health, safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area because the proposal is primarily
a storage facility with a limited number of employees and, therefore, will not have a high traffic impact.
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
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7. 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: That the Anaheim City
Planning Commission has reviewed the proposal to permit contractor's storage yard with waivers of
minimum structural setback and requi~ed landscaping for outdoor uses on a rectangularly shaped 0.41
acre property having a frontage of 84 feet on the south side of Miraloma Avenue, a maximum depth of
214 feet and being located 379 feet east of the centerline of Jefferson Street, and further described as
3830 East Miraloma Avenue (Anaheim Fence Company); and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and
that it has considered the Negative Declaration 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 substantial evidence that the project vu~ill have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant, in part, subject Petition for Conditional Use Permit, upon the foltowing 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:
That subject conditional use permit shall expire on March 13, 2012.
2. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic on the adjacent public street. Installation of any gates shall conform to the
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City
Traffic and Transportation Manager.
3. That the gates leading into the equipment storage area shall remain closed (to screen this area)
unless in use for business operations. Information specifying how these gates will be screened
shall be submitted to the Zoning Division and the City Traffic and Transportation Manager for
review and approval.
4. That the driveway on Miraloma Avenue shall be constructed with ten (10) foot radius curb returns
in conformance with Engineering Department Standard No. 137. Said information shall be
specifically shown on plans submitted for building permits.
5. That the legal owner of this property shall provide the City of Anaheim with a public utilities
easement to be determined as the electrical design is completed. Said easement shall be
submitted to the City of Anaheim prior to issuance of building permits.
6. That any required relocation of City electrical equipment shall be at the developer's expense.
7. That the operations at this property shall conform to the petitioner's letter of operation, the
information contained in the Staff Report to the Planning Commission dated March 13, 2000, and
as conditioned herein.
8. That trash storage area(s) 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. Said storage areas shall be designed, located and screened
so as not to be readily identifiable to traffic along Miraloma Avenue. Said information shall be
specifically shown on the plans submitted for building permits.
9. That detailed lighting plans (showing that the shipping and receiving areas, driveway and
circulation areas, aisles, recesses, and ground contiguous to buildings will be lighted in a manner
which will make clearly visible the presence of any person on or about the premises) shall be
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submitted to the Police Department, Community Services Division, for review and approval. Said
information shall be specifically shown on the plans submitted for building permits.
10. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
11. That this 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 twenty
four (24) hours from time of occurrence.
12. That the front landscaped setback along Miraloma Avenue shall be a minimum of ten (10) feet in
depth, and shall include a minimurr~ three (3) foot high shrub screen and seven (7), fifteen (15)
gallon sized, trees planted parallel to Miraloma Avenue, and shall be provided with a permanent
irrigation system. The City Traffic and Transportation Manager may modify this requirement to
ensure adequate vehicular and pedestrian visibility. All solid fencing materials in the front portion
of the site shall be planted with clinging vines planted on maximum three (3) foot centers in
addition to the shrub plantings. Thi;s information shall be shown on the plans submitted for
building permits.
13. That a landscaped planter shall be !placed in front of the eight (8) foot high block wall screening
the outdoor uses. This planter shall be permanently irrigated and shall be planted with a
minimum of five (5), finrenty four inch (24") box sized, trees, ground cover, and clinging vines
planted a maximum of five (5) feet on center. Said information shall be specifically shown on
plans submitted for building permits.
14. That street trees shall be installed as required by the Urban Forestry Division of the Public Works
Department.
15. That the on-site landscaping and the irrigation system shall be installed and maintained in
compliance with City standards.
16. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
17. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for Zoning Division approval. Said plans shall also identify the specific
screening treatments of each device (i.e., landscape screening, color of walls, materials,
identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate
City departments.
18. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
color contrasting with the roof material. The numbers shall not be visible to the view from the
street or adjacent properties. Said information shall be specifically shown on plans submitted for
building permits.
19. That because this project has a landscaping area exceeding finro thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349 regarding
water conservation.
20. That absolutely no building materials or equipment stored outdoors shall be visible above the
fence line.
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21. That prior to commencement of business activities at this location, a valid business license shall
be obtained from the Business License Division of the City of Anaheim Finance Department.
22. That detailed elevation drawings shall be submitted to the Zoning Division for review and
approval. Said drawings shall show conformance with Council Policy No. 526 pertaining to metal
buildings. Said information shall be specifically shown on the plans submitted for building
permits. Any decision of the Zoning Division may be appealed to the Planning Commission for
review and approval as a"Reports and Recommendations" item.
23. That signage for subject facility shall be limited to that which is shown on the approved exhibits
submitted by the petitioner. Any additional signage shall be subject to approval by the Planning
Commission as a"Reports and Recommendations" item.
24. That 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 E~chibit Nos. 1 and 2, and as conditioned herein.
25. That prior to issuance of a building permit, or prior to commencement of the activity herein
approved, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 2, 3, 4, 5, 8, 9, 10, 12, 13, 17, 18 and 22, 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.
26. That prior to final building and zonimg inspections or prior to commencement of business activities
at this location, whichever occurs first, Condition Nos. 14, 15, 19 and 24, above-mentioned, shall
be complied with.
27. 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 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 dectared 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
March 13, 2000.
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CHAIRPERSON, ANAHEIM CITY LANNING COMMISSION
ATTEST:
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SEC TARY NAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
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 March 13, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
' IN WITNESS WHEREOF, I have hereunto set my hand this _~(J day of
, 2000.
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SECR TARY NAHEIM CITY PLANNING COMMISSION
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