Resolution-PC 2003-49~
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RESOLUTION NO. PC2003-49
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04670 BE GRANTED
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:
PARCEL 1: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 35;
THENCE NORTHERLY ALONG THE EAST BOUNDARY OF SAID BLOCK 35, 256.23
FEET; THENCE WEST 850 FEET PARALLEL TO THE SOUTHERLY BOUNDARY OF
SAID BLOCK 35; THENCE SOUTHERLY 256.23 FEET PARALLEL TO THE EASTERLY
BOUNDARY OF BLOCK 35 TO A POINT IN THE SOUTHERLY LINE OF BLOCK 35,
THENCE EASTERLY 850 FEET ALONG THE SOUTH BOUNDARY OF SAID BLOCK 35
TO BEGINNING.
EXCEPT THEREFROM THE WEST 637.50 FEET.
ALSO EXCEPTING THEREFROM THE FOLLOWING:
BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO
HELEN LEE, RECORDED SEPTEMBER 25, 1956 IN BOOK 3655, PAGE 482 OF
OFFIGIAL RECO.RDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID
LAND, 29.00 FEET; THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE
OF SAID LAND, 150.20 FEET; THENCE WESTERLY PARALLEL WITH SAID
NORTHERLY LINE, 29.00 FEET TO SAID WESTERLY LINE; THENCE NORTHERLY
ALONG SAID WESTERLY LINE, 150.20 FEET TO THE POINT OF BEGINNING.
PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND
DESCRIBED fN A DEED TO HELEN LEE, RECORDED SEPTEMBER 25, 1956 IN BOOK
3655, PAGE 482 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID LAND, 106.03 FEET; THENCE WESTERLY PARALLEL
WITH THE SOUTHERLY LINE OF SAID BLOCK 35, 41.08 FEET; THENCE
SOUTHERLY PARALLEL WITH SAID WESTERLY LINE OF THE LAND CONVEYED TO
HELEN LEE, 106.03 FEET TO THE SOUTHERLY LINE OF BLOCK 35, THENCE
EASTERLY ALONG SAID SOUTHERLY LINE, 41.08 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 24, 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 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 Sections 18.110.05U.050.0508 and 18.110.050.050.0515 to wit: to expand an
existing non-conforming contractor/building materials storage yard with waiver of:
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Sections 18.110.020.090.0902 - Maximum fence heiqht within the required front vard setback.
and 18.110.050.100.1001 (3 feet permitted in 10 to 65-foot setback along an arterial highway;
6 feet existing and proposed at 10-foot setback from Jefferson
Street)
2. That subject property is developed with a contractor/building materials storage yard
located in Development Area 1(Industrial Area) of the Northeast Area Specific Plan No. 94-1.
3. That there are special circumstances applicable to this property, which do not apply to
other identically zoned properties in the vicinity, because the three properties to the north and the one
property adjacent to the south have approximately five times the depth and five or more times the area in
comparison to subject property.
4. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity, as indicated by a survey conducted by
staff of the industrial properties on the west side of Jefferson Street to the north and south of subject
property; that al{ five of the properties between the City Limits to the north and Miraloma Avenue to the
south have fences in excess of 3 feet in height within the required front setback along Jefferson Street.
5. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is located because the proposal includes site screening and
landscaping consistent with Zoning Code requirements.
6. That the size and shape of the site for the proposal is adequate to allow full development
of t~e use ir~ a man~e~ not detriKnental #o the particular area nor to the peace, health, safety and general _
welfare because the proposal, with the exception of the fence height waiver, complies with all applicable
development standards.
7. 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.
8. That granting 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.
9. 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:
That prior to commencing operation of this business, a vafid business license shall be obtained from
the Business License Division of the Planning Department.
2. That a plan shall be submitted to the Police Department, Community Services Division, for review
and approval showing four (4) foot high address numbers displayed on the roof of the office building
in a contrasting color to the roof material. The numbers shall not be visible to the adjacent street or
properties.
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3. That the applicant or legal property owner shall complete a Burglary/Alarm permit application, Form
APD 516, available at the City of Anaheim Police Department front counter.
4. That no outdoor work on vehicles or vehicle parts shall be permitted.
5. That a landscaping and irrigation plan 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. Following approval, said landscaping shall be installed
and maintained in accordance with the approved plan. The plan shall include thirteen (13) trees in
the landscaped setback adjacent to Jefferson Street, ten (10) trees within the parking area and one
(1) tree separating every ten parking spaces. All trees shall be minimum finrenty four inch (24") box
sized.
6. 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 the razor wire, container drum and un-permitted signage (banner and freestanding wooden
sign) shall be removed from the property.
That final elevation plans for the metal building shall be submitted to the Zoning Division for review
and approval to ensure there will be no negative impact on the public street. Any decision by the
Zoning Division may be appealed to the Planning Commission as a`Reports and Recommendations'
item.
9. That the outdoor storage of materials and equipment shall not exceed the height of the perimeter
fencing and shall not be visible to any adjacent public right-of-way.
10. That plans shal! be submitted to #he City Traffic and Transportation Manager for review and approval
showing conformance with the 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.
11. That the driveways on Jefferson Street shall be constructed to accommodate ten (10) foot radius
curb returns in conformance with Engineering Department Standard No. 137. Said information shall
be specifically shown on the plans submitted for building permits.
12. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610, and shall be shown on plans as required by the Department of Public
Works, Street Sweeping and Sanitation Division. Said information shall be specifically shown on the
plans submitted for building permits.
13. 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 area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways. If visible off-site, the walls of the storage
areas shall be protected from graffiti opportunities by the use of plants such as minimum one (1)
gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said
information shall be specifically shown on plans submitted for Zoning Division and Streets and
Sanitation Division approval.
14. 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.
15. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
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Compliance of Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a building permit.
16. That vinyl slats shall be installed and maintained within existing and proposed chain link fencing
located on the property. Said information shall be clearly shown on the plans submitted for building
permits.
17. That any signage proposed for subject property shall be subject to review and approval by Zoning
Division staff. Any decision by the Zoning Division may be appealed to the Planning Commission as
a `Reports and Recommendations' item.
18. That because this project has landscaping areas exceeding two 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. Said
information shall be shown on the plans submitted for building permits.
19. 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 and 2, and as conditioned herein.
20. 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. 2, 3, 5, 8, 10, 11, 12, 13, 14, 15, 16 and 18,
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.
21. That prior to final building and zoning inspections, Condition Nos. 7 and 19, above-mentioned, shall
be complied with.
22. That approva! 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 decfared 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 24, 2003.
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CHAIRPERSON, ANAHEIM CITY LANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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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 24, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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