Resolution-PC 2001-133~
RESOLUTION NO. PC2001-133
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04434 BE GRANTED
FOR A PERIOD OF FOUR (4) YEARS TO EXPIRE ON SEPTEMBER 10, 2005
WHEREAS, the Anaheim City 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:
THAT PORTION OF LOT 2 IN BLOCK 10 OF THE GOLDEN STATE TRACT, IN
THE RANCHO SAN JUAN DE SANTA ANA, AS SHOWN ON A MAP THEREOF
RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN LAND
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN
BOOK 2786, PAGE 260 OF OFFICIAL RECORDS; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT, (FOR THE PURPOSES OF THIS
DESCRIPTION, SAID NORTHERLY LINE IS ALSO THE SOUTHERLY LINE OF
ANAHEIM ROAD AS SHOWN ON SAID MAP), NORTH 74 DEG. 00' 46" EAST
4.11 FEET; THENCE SOUTH 61 DEG. 52' 32" EAST 289.00 FEET; THENCE
SOUTH 61 DEG. 48' 55" EAST 290.16 FEET TO THE TRUE PINT OF
~ B€~ENNING; THE~tCE EON~INI~.ING-SO.U.T_H_61 D.~G. 48' 55." EAST 90.00
FEET; THENCE NORTH 31 DEG. 08' 18" EAST 77.73 FEET; THENCE NORTH
44 DEG. 04' 19" EAST 259.64 FEET; THENCE NORTH 45 DEG. 05' 18" EAST
17.92 FEET; THENCE NORTH 89 DEG. 45' S6" WEST 265.02 FEET; THENCE
SOUTH 0 DEG. 14' 04" WEST 135.16 FEET; THENCE SOUTH 28 DEG. 11' 05"
WEST 100.00 FEET TO THE SAID TRUE POINT 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 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 18.61.050.502 to permit an outdoor contractor's yard.
2. Tha# the proposed use, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which it is proposed to be located.
3. That the size and shape of the site for the proposed use 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.
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. 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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6. 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's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report
("EIR") Guidelines and is, therefore, categorically 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 Conditional Use Permit, 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 the City of Anaheim:
1. That subject use permit shall expire four (4) years from the date of this resolution, on
September 10, 2005.
2. That the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Conditional Use Permit No. 3862 (to permit an automobile wholesale/auction facility).
That prior to commencing operation of this business, a valid business license shall be obtained
from the Business License Division of the City of Anaheim Finance Department.
4. That a plan shall be submitted to the Police Department, Community Services Division, for review
and approvaf showing ~hree (3) foo~ high st~eet address-numbers_ on the ~oof of the building in a _
contrasting color to the roof material. The numbers shall not be visible to adjacent streets or
properties or freeways.
That no outdoor display of, or work on, vehicles or asphalt tankers or vehicular parts, shall be
permitted.
6. That a plan shall be submitted to the Zoning Division for review and approval showing an eight (8)
foot high masonry block wall shalf be constructed and maintained along the south and southeast
property lines adjacent to the SR-91 (Riverside Freeway); provided, however, that the City Traffic
and Transportation Manager shall have the authority to reduce the height of the wall to protect
visual lines-of-sight where pedestrian and/or vehicle circulation intersect. Clinging vines to
eliminate graffiti opportunities shall be planted adjacent to both sides of the block wall, on maximum
five (5) foot centers. The landscaping shall be irrigated, and both the block wall and landscaping
shall be maintained. Following approved, said block wall shall be constructed in accordance with
said plan.
7. That a landscaping and irrigation plan for the refurbishment of the existing landscaped areas shall
be submitted to the Zoning Division for review and approval. Any decision made by the Zoning
Division regarding said plan may be appealed to the Planning Commission and/or City Council.
Follo~riing approved, said landscaping shall be planted and maintained in accordance with said
plan.
8. 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 twenty
four (24) hours from time of occurrence.
That no signage shall be permitted for the proposed business on this site unless such signage is
first submitted to the Planning Commission for review and approval as a"Reports and
Recommendations" item.
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10. That prior to commencement of activity herein approved, the developer shali submit a water quality
management plan (WQMP) specifically identifying the best management practices that will be used
on-site to control predictabte pollutants from storm water runoff. The WQMP shall be submitted to
the Public Works Department, Development Services Division, for review and approval.
11. 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.
12. That the driveway on Miraloma Way shall be reconstructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department Standard No. 137.
13. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
Streets and Sanitation Division approval.
14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Street Sweeping and Sanitation Division, and in accordance with approved
plans on file with said Department. Said storage area(s) shall be designed, located and screened
so as not to be readily identifiable from adjacent streets or highways. The walls of the storage
areas shall be protected from graffiti opportunities by the use of plant materials such as minimum
one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery.
Said irrforrrta~ion-shal~be speci#iEa41y shown on plaassubmitted for Zoning Divisioo and Streets and
Sanitation Division approval.
15. 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.
16. That the outdoor storage of materials and equipment shall not exceed the height of the perimeter
fencing ~nd shall not be visible to any adjacent public right-of-way.
17. 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 No. 1, and as conditioned herein.
18. That prior to commencement of the activity authorized by this resolution, or 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. 2, 3, 4, 6, 7, 10, 11, 12, 13, 14 and 15, 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.
19. That prior to final building and zoning inspections, Condition No. 17, above-mentioned, shall be
complied with.
20. 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 eacF~ 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 10, 2001.
SON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/
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: COMMI.SSIONERS:_ ARNOLD, BOST_W_ICK, BOYDSTUN,_BRISTOL,. EASTMAN,. KOOS,. VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2001.
il
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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