Resolution-PC 2001-129~
RESOLUTION NO. PC2001-129
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2001-04452 BE GRANTED, IN PART
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:
Parcel 1:
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION
3, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND
MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTH LINE OF COMMERCIAL STREET, 227.00
FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, AND 545.00 FEET
EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE FROM SAID POINT OF BEGINNING, EAST PARALLEL TO THE NORTH
LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUAaTER O~ SAID S~C~ftON ANDA~ONG THE SOUTH LFNE ~F COMMER-EIAL - -
STREET AND ITS EXTENSION, 693.10 FEET TO THE WESTERLY LINE OF THE
RIGHT OF WAY OF THE LOS ANGELES AND SALT LAKE RAILROAD COMPANY;
THENCE SOUTHERLY ALONG SAID WEST LINE TO ITS INTERSECTION WITH A
LINE 652.00 FEET SOUTH OF THE NORTH LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE WEST, PARALLEL TO SAID NORTH LINE, 742.05 FEET TO A POINT 545.00
FEET EAST OF THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION; THENCE NORTH, PARALLEL TO SAID WEST LINE, 425.00 FEET TO THE
POINT OF BEGINNING.
PARCEL 2:
A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 3,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
BOUNDED AND DESCRIBED ACCORDING TO A SURVEY OF THE LAND, THE MAP
OF WHICH SURVEY APPEARS IN BOOK 22, PAGE 27 OF RECORD OF SURVEYS IN
THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
AS FOLLOWS:
BEGINNING AT A 2-INCH IRON PIPE IN THE EAST LINE OF NORTH OLIVE STREET
WHICH IRON PIPE IS 30 FEET EAST OF THE MONUMENTED CENTERLINE OF SAID
NORTH OLIVE STREET AND 455 FEET SOUTH, MEASURED ALONG SAID EAST
LINE OF THE MONUMENTED CENTERLINE OF COMMERCIAL STREET, SAID 2-
INCH IRON PIPE BEING THE SOUTHWEST CORNER OF LAND CONVEYED TO CAL-
JUICES, INC. BY DEED RECORDED JANUARY 26, 1938 IN BOOK 922, PAGE 262 OF
OFFICIAL RECORDS; THENCE EAST ALONG THE SOUTH LINE OF SAID LAND
CONVEYED TO CAL-JUICES, INC. AT 742.05 FEET A 2-INCH IRON PIPE, A
DISTANCE OF 742.64 FEET TO A POINT IN THE WESTERLY LINE OF THE RIGHT
OF WAY OF THE MAIN LINE OF THE UNION PACIFIC RAILROAD (FORMERLY LOS
ANGELES AND SALT LAKE RAILROAD) IN SAID SECTION 3, SAID POINT BEING IN
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THE ARC OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
5849.65 FEET, A RADIAL LINE THROUGH SAID POINT HAVING A BEARING OF
SOUTH 81 DEG. 16' 54" WEST; THENCE SOUTHEASTERLY ALONG SAID
WESTERLY RIGHT OF WAY LINE, ALONG THE ARC OF SAID CURVE, THROUGH A
CENTRAL ANGLE OF 2 DEG. 28' 32", A DISTANCE OF 252.74 FEET TO A 1-1/2 INCH
IRON PIPE SET IN THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST
QUARTER OF SECTION 3; THENCE SOUTH 0 DEG. 05' EAST ALONG SAID LAST
REFERRED TO EAST LINE, 42.34 FEET TO A 1-1/2 INCH IRON PIPE; THENCE WEST
786.18 FEET TO A 1-1/2 INCH IRON PIPE SET IN SAID EAST LINE OF NORTH OLIVE
STREET AND DISTANT THEREON SOUTHERLY 291.23 FEET FROM THE POINT OF
BEGINNING; THENCE NORTH ALONG SAID EAST LINE OF NORTH OLIVE STREET,
291.23 FEET TO SAID PONT OF BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 10, 2001 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 praposed 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 petitioner requests the following waivers to construct an 89,230 square foot
indusfriaf wa~e~i~use: - - - - - - - -
(a) Sections 18.06.050.030.031 - Minimum number of parking spaces.
18.06.080 (526 spaces required; 172 spaces proposed and concurred
and 18.63.066.050 with by the City Traffic and Transportation Manager)
(b) Sections 18.04.049.010 - Required site screening abuttinq a residential zone.
and 18.63.068
(c) Section 18.63.063.010.013 - Required structural setback abuttinq local streets.
2. That a parking study was prepared by a registered traffic engineer for the proposed
waiver (a), minimum number of required parking spaces; that the observed parking rate showed a peak
parking demand of 108 stalls (a rate of 0.4 stalls per 1,000 square feet); and that an additional 15% was
added to the forecast parking for a maximum on-site demand of 156 spaces; that the proposed 172
spaces exceed the projected parking demand; and that the City Traffic and Transportation Manager has
reviewed the study and concurs that the proposed parking is adequate for this specific proposal at this
location.
3. That waiver (a) is approved on the basis that the number of on-site parking spaces
propaszd for the proj~ct is sufficier.t to meet ths forecast demand ba~~d on an analysis of the existing
facility.
4. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the use than the number of spaces necessary to accommodate all
vehicles attributable to the use under the normal and reasonably foreseeable conditions of operation of
the use.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
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6. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Anaheim Municipal Code); and that all parking for the use will be
on-site, either in the parking lot east of Olive Street for customer use, or behind the sliding fenced gate
along Commercial Street for employee use.
7. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
8. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use; and that lines-of-sight and turning areas for existing driveways at public streets will be unaffected by
the parking for the proposed project.
9. That waiver (b), required site screening abutting a residential zone, is hereby denied
because following public notification it was determined to be unnecessary.
10. That waiver (c), required structural setback abutting local streets, is hereby denied
because the plans were revised to provide the Code-required landscaped setback along Commercial
Street.
11. 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 for waivers of minimum number of required parking
spaces, required site screening abutting a residential zone and minimum structural setback abutting local
streets to construct an 89,230 square foot industrial building on a irregularly-shaped 12.9-acre property
located at the southeast corner of Commercial Street and Olive Street, having frontages of 690 feet on
the south side of Commercial Street and 710 feet on the east side of Olive Street, and further described
as 1226 North Olive Street (Norcal Beverage Warehouse); 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 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, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
presenre the safety and general welfare of the Citizens of the City of Anaheim:
That all air conditioning facilities and other roof and ground-mounted mechanical equipment shall be
properly shielded from view from any public right-of-way or adjacent property. Such information
shal~ be specifica!!y shown on the plans submi##ed for building permits.
2. That the legal owner of the subject property shall provide the City of Anaheim with a pubic utilities
easement to be determined as electrical design is completed.
3. That a plan sheet for solid 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.
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4. That the water backflow equipment shall be above ground, outside the street setback area in a
manner fully screened from all public streets and alleys. Any other large water system equipment
shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or
outside the street setback area in a manner fully screened from alf public streets and alleys. Said
information shall be specifically shown on plans submitted to and approved by Water Engineering
and the Cross Connection Inspector prior to submittal of plans for building permits.
5. That the existing domestic water meter and/or fire line shall be upgraded to current standards. Said
information shall be specifically shown on plans submitted for Water Engineering Division approval.
6. That because this project has a landscaping area exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19
(Landscape Water E~ciency) of Anaheim Municipal Code and City of Anaheim Ordinance No. 5349.
Said information shall be specifically shown on the plans submitted for building permits.
7. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by the City Water Utility for continued use shall be upgraded to
current standards or abandoned by the developer.
8. That the legal owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering
Division) an easement twenty (20) feet in width for water service mains and/or an easement for large
meters and other public water facilities.
9. That the developer/owner shall provide a detailed water usage analysis and building plans for Water
- En~ineerirrg Divis~an r~view anctapproval-to deteFmine-~~ie ade4uae:y of the existing waier sysiem to _
meet the projecYs water requirements. Any system improvements shall be done in accordance with
Rule No. 15A.6 of the Water Utility's Rates, Rules and Regulations.
10. That 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 finrenty
four (24) hours from time of occurrence.
11. That the applicant shall meet with Public Works Department, Streets and Sanitation Division, for
review of the operation to determine the sanitation requirements for the project.
12. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying
the best management practices that will be used on-site to control predictable pollutants from storm
water runoff. The WQMP shall be submitted to the Public Works Department, Development
Services Division, for review and approval.
13. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
14. Ttiat gates shall not be install~d across any drivevyay in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Tra~c and
Transportation Manager prior to issuance of a building permit.
15. 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, 601
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
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16. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses. This includes the existing gate which restricts access to the customer parking area. Said
information shall be specifically shown on the plans submitted for building permits.
17. That no "compacY' of "small car" parking spaces shall be permitted.
18. That an on-site trash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shown on plans as required by the Street Sweeping and Sanitation
Division. Said information shall be specifically shown on the plans submitted for building permits.
19. That a landscaping plan for the entire site, indicating type, size and location of existing and proposed
refurbished landscaping and irrigation, shall be submitted to the Zoning Division of the Planning
Department for review and approval. The landscaping plan shall include the trees, shrubs and
groundcover in the new landscape planter adjacent to Commercial Street, removal of the barbed
wire, planting of vines along the existing block walls facing the street, and planting of landscaping
adjacent to the east elevation of the new building to prevent graffiti opportunities. Once approved,
the landscaping shaft be installed and maintained in accordance with the plan.
20. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and/or dies.
21. That the front landscaped setback (along Commercial Street) shall be a minimum five (5) feet wide,
and shall be planted and irrigated with minimum finrenty four inch (24") box sized trees located on
maximum twenty (20) foot centers; provided, however, that the City Traffic and Transportation
- Mar~~~~r may moctify-this requirement to-e~rst~re adequate vek-ic~alar and-pedestrian visibil.i.ty_ Said _
information shall be specifically shown on the plans submitted for building permits.
22. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public right-of-way adjacent to Commercial Street.
The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry
Division.
23. That the proposal shall comply with all signing requirements of the MH (Heavy Industrial) Zone
unless a variance allowing sign waivers is filed by the petitioner and approved by the Planning
Commission or City Council.
24. That a plan shall be submitted to the Traffic and Transportation Manager for review and approval
showing a loading space for trucks in conformance with Code Section 18.06.060 of the Anaheim
Municipal Code.
25. That signs shall be posted in the customer parking area, stating that parking is reserved for
customers of the subject business only.
26. That customer parking spaces shall be striped and clearly marked for "customer parking only"; and
at nc t~m~ shal! cus#omsr vehicles be stacked, double parked, or left standing in tandem in front of,
or adjacent, to the building. Said information shalf be specifically shown on the plans submitted for
building permits.
27. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of Conditional Use Permit No.150 (to drill for oil).
28. That PVC slats shall be interwoven into the chain-link fencing and shall be maintained in good
condition at all times. Said information shall be specifically shown on the plans submitted for
building permits.
29. Proposed Condition No. 29 was deleted at the Planning Commission public hearing.
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30. 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 Exhibit Nos. 1 through 4, and as conditioned herein.
31. That 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, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 18, 19,
21, 24, 26, 27 and 28, 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.
32. That prior to final building and zoning inspections, Condition Nos. 7, 22, 25 and 30,
above-mentioned, shall be complied with.
33. That approval of this application constitutes approval of the proposed request only to the e~ent 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 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
September 10, 2001. ~
ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
, ,~o~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 10, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
/~ IN WITNESS WHEREOF, I have hereunto set my hand this 2 n d day of
~r.-co ~~ , 2001.
.~LC~.s~v--~ 7"2J'Y/~-B~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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