Resolution-PC 2003-46• •
RESOLUTION NO. PC2003-46
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING DECISION NO. ZA2002-37 ADOPTED IN CONNECTION WITH
VARIANCE NO. 2002-04524
WHEREAS, on October 21, 2002, the Anaheim City Zoning Administrator did, by Decision No.
ZA2002-37, approve Variance No. 2002-04524 for waivers of (a), minimum number of parking spaces (121
spaces required, 50 proposed}, and (b), required screening of outdoor equipment (view-screening required,
none proposed), to permit and retain accessory outdoor storage and equipment in connection with a textile
manufacturing facility in the ML (Limited Industrial) Zone; and
WHEREAS, said Decision No. ZA2002-37 includes the following conditions of approval:
2. That chain link fencing with slats shall be installed around all outdoor equipment visible to
Knollwood Circle. PVC slats shall be interwoven into said chain-link fence to reduce visibility
of the outdoor silos, boilers and the other equipment. Said fencing and slats shall be
maintained in good condition at all times.
That a landscaping and irrigation plan for subject property shall be submitted to the Zoning
Division for review and approval. The landscaping plan shall show the following:
(a) A two (2) foot wide landscaped planter with clinging vines adjacent to the chain link
fencing (required under Condition No. 2) to further screen the equipment from the
public rights-of-way.
(b) Twenty four (24) inch box `evergreen' tree(s) spaced at maximum twenty (20) foot
centers shall be planted in the front setback along Knollwood Circle. The petitioner
shall confer with city staff to determine the most practical location(s) and the number of
tree(s).
(c) Additional landscaping within the existing landscaped planter at the southeast corner of
the building at 1365-1385 Knollwood Circle.
(d) Planting of vines along the combination block wall and wrought iron fence along
Knollwood Circle to discourage graffiti.
Any decision made by the Zoning Division regarding said landscaping and irrigation plans
may be appealed to the Zoning Administrator and/or City Council. Within a period of three
(3) months after the plans are approved, the landscaping and irrigation facilities shall be
installed and thereafter maintained in accordance with city requirements.
9. That the petitioner shall either:
(a) Remove the existing shipping containers from the subject property; or
(b) Submit (and obtain approval of) an appfication for a conditional use permit to allow the
outdoor use of shipping containers for storage purposes.
12. The petitioner shall either:
(a) Relocate the existing eight foot - six inch high fence adjacent to Knollwood Circle out of
the required front setback area; or
Tracking No. VAR2003-04552
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(b) Submit (and obtain approval of) an application for a variance to permit the existing
fence height within the minimum five (5) foot setback along Knollwood Circle.
13. That subject property shall be developed substantially in accordance with pfans 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 and 2, and as conditioned herein.
WHEREAS, the property is developed with an 18,500 sq.ft. industrial building at 1335 North
Knollwood Circle and a 59,063 sq.ft. industrial building at 1365-1385 North Knollwood Circle, both of which are
occupied by the subject textile manufacturing facility (Expo Dyeing and Finishing, Inc.); that the zoning is ML
(Limited Industrial); and that the Land Use Element of the Anaheim General Plan designates the property for
General Industrial uses; and
WHEREAS, the petitioner proposes amending or deleting certain conditions of approval pertaining
to site screening and maximum fence height in connection with the existing textile manufacturing facility under
authority of Code Section 18.03.092, and also requests the following waivers to retain existing fences and gates
in the front setback and to permit outdoor equipment that is visible to the nearby public street:
Sections 18.61.063.010.013 - Maximum fence heiqht in the setback alonq the street.
and 18.61.064.020 (Permitted: no fencinq located closer than 5 feet to a local industrial street;
Existing and proposed: 7-foot hiqh combination wrought iron and masonry
block fence located 1'/z to 3'/z feet from Knollwood Circle, and 8'h-foot hiqh
wrought iron gates located 0 to 5 feet from Knollwood Circle)
Sections 18.04.049.050 - Repuired screeninq of outdoor equipment.
and 18.61.030.110 (Required: outdoor equipment to be view-screened from streets by solid
fencing or chain link fencing interwoven with PVC slats;
' Existing and proposed: outdoor equipment not screened from view from
Knollwood Circle, as shown on the photograph in paragraph (17) of the Staff
Report to the Planning Commission dated March 10, 2003, Item No. 10)
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on March 10, 2003, 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 the proposed amendments 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 waivers (a) and (b), maximum fence height in the setback along the street and required
screening of outdoor equipment, are hereby approved on the basis that there are special circumstances
applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other
identically zoned properties in the vicinity.
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
3. That the variance for which the approval was granted has not been exercised so as to be
detrimental to the public health or safety, or so as to constitute a nuisance.
4. That the proposed amendments to the conditions of approval are reasonably necessary to protect
the public peace, health, safety or general welfare, or necessary to permit reasonable operation of the use
under the variance as originally granted.
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5. 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 and does hereby find that the Negative Declaration previously approved
in connection with Variance No. 2002-04524 is adequate to serve as the required environmental documentation
in connection with this request upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the previously approved 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 amend Decision No. ZA2002-37, adopted in connection with Variance No. 2002-04524, to approve
waivers of maximum fence height in the setback along the street and required screening of outdoor equipment,
as requested; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the conditions
of approval in said Decision No. ZA2002-37, in their entirety, to read as follows:
1. That the property owner shall pay the cost of Code Enforcement inspections conducted on a monthly basis,
or as often as deemed necessary by the City's Code Enforcement Division, to ensure continued
compliance with State and local statutes, ordinances, laws and regulations.
2. Condition No. 2 was deleted at the March 10, 2003 Planning Commission public hearing.
3. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for
review and approval. The landscaping plan shall show the following:
(a) Condition No. 3(a) was deleted at the March 10, 2003 Planning Commission public hearing.
(b) Twenty four (24) inch box "evergreen" tree(s) spaced at maximum twenty (20) foot centers shall be
planted in the front setback along Knollwood Circle. The petitioner shall confer with city staff to
determine the most practical location(s) and the number of tree(s).
(c) Additional landscaping within the existing landscaped planter at the southeast corner of the building at
1365-1385 Knollwood Circle.
(d) Planting of vines along the combination block wall and wrought iron fence along Knollwood Circle to
discourage graffiti.
Any decision made by the Zoning Division regarding said landscaping and irrigation plans may be
appealed to the Planning Commission. Within a period of three (3) months after the plans are approved,
the landscaping and irrigation facilities shall be installed and thereafter maintained in accordance with city
requirements.
4. That the outdoor equipment shall be painted to match, or otherwise be compatible with, the exterior of the
building in order to de-emphasize the size and mass of the equipment.
5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged,
diseased and/or dies. Furthermore, the existing mature trees and landscaping shall be maintained and
immediately replaced in the event that any become diseased or die.
6. That the petitioner shall confer with city staff regarding the possible relocation of the trash compactor to the
rear (west) of the property, if feasible, in order to minimize its visual impact on Knollwood Circle.
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7. That within a period of two (2) weeks from the date (October 21, 2002) of this Decision (December 21,
2002), the applicant shall obtain the appropriate Encroachment Permit from the Public Works Department
for the activity and repair of sewer facilities within the public right-of-way.
8. (a) That the outdoor storage of equipment, materials, finished products, or refuse shall be incidental and
accessory to the primary operation of the permitted industrial use of this property (textile
manufacturing).
(b) If the square footage of the outdoor storage and equipment exceeds the combined square footage of
the industrial buildings, the petitioner shall submit (and obtain approval of) an application for a
conditional use permit to allow outdoor storage as a primary use.
9. That the petitioner shall locate the two (2) shipping containers at the southwest corner of the subject site as
indicated on Revision No. 1 of Exhibit No. 1. There shall be no more than two (2) shipping containers
located on site.
10. That all applicable building, plumbing and electrical permits shall be obtained from the Building Division for
all un-permitted equipment and structures.
11. That granting of the parking waiver is contingent upon operation of the approved use in conformance with
the assumptions and/or conclusions relating to the operation and intensity of use as contained in the
parking demand study that formed the basis for approval of the parking waiver. Exceeding, violating,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the
parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver
which shall subject this variance to termination or modification_pursuant to the provisions of Sections
18.03.091 and 18.03.092 of the Anaheim Municipal Code.
12. Condifion No. 12 was deleted at the March 10, 2003 Planning Commission public hearing.
13. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner, as amended and approved by the Planning Commission
on March 10, 2003, and which plans are on file with the Planning Department marked Revision No. 1 of
Exhibit No. 1 and Exhibit No. 2, and as conditioned herein.
14. That prior to issuance of building permits or within a period of three (3) months from the date of this
resolution, whichever occurs first, Condition Nos. 3(b), 3(c) and 3(d), 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.
15. That prior to final building and zoning inspections or within a period of six (6) months from the date of this
resolution, whichever occurs first, Condition Nos. 4, 6, 9, 10 and 13, above-mentioned, shall be complied
with.
16. 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.
AND 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 10, 2003.
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CHAfRPERSON, ANAHEIfVI CI Y PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 10, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
IN WITNESS WHEREOF, I have hereunto set my hand this 3~ d~ day of r~ L
2003.
G< i~ ~~9~co
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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