Resolution-PC 2003-5•
RESOLUTION NO. PC2003-5
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4121, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99-110,
ADOPTED THEREWITH
WHEREAS, on June 21, 1999, the Anaheim City Planning Commission did, by its
Resolution No. PC99-110, approve Conditional Use Permit No. 4121 to permit and retain an existing
automobile storage facility with a modular office unit at 2861 East Miraloma Avenue; and that said
resolution includes the following condition of approval:
"1. That subject use permit shall expire on January 21, 2003"
WHEREAS, this property is developed with an automobile storage lot in connection with the
California Auto Dealers Exchange ("C.A.D.E."); that the underlying zoning is Development Area 1
(Industrial Area) of the Northeast Area Specific Plan No. SP94-1; that the Anaheim General Plan
designates the property for General Industrial land uses; and that the property is located within the
Project Alpha Northeast Redevelopment Area; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain an automobile storage facility with a modular office unit pursuant to Code Section 18.03.093 of the
Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the ~ivic ~enter in
the City of Anaheim on January 13, 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 amendment 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 use, as reinstated, is properly one for which a conditional use permit is
authorized by the Zoning Code; and that there have been no changes to the applicable zone standards
that would invalidate the findings that were the basis for the original approval of this permit.
2. That the use, as reinstated and amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use 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 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 this reinstatement, under the conditions imposed, will not be detrimentaf to
the peace, health, safety and generat welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission; and
the Code Enforcement Division has inspected the premises and determined that the facility is in
compliance with all applicable conditions of approval.
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7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare, as
evidenced by the absence of code enforcement complaints regarding this property.
8. 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 and retain an existing automobile storage
facility with a modular office unit on property consisting of 4.7-acres having a frontage of 330 feet on the
north side of Miraloma Avenue and a maximum depth of 614 feet, being located 980 feet west of the
centerline of Red Gum street, and further described as 2861 East Miraloma Avenue (California Auto
Dealers Exchange); and does hereby find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 4121 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 Resolution No. PC99-110, adopted in connection with Conditional Use Permit No. 4121, to
reinstate and approve this conditional use permit and to amend the conditions of approval, in their
entirety, to read as follows: _
That this permit shall expire on January 31, 2008.
2. That no customers or dealers shall be permitted on-site; and that no sales activities shall be
permitted on this property.
3. That no Special Events shall be permitted at this property.
4. That this storage facility shall be limited to automotive vehicles only in conjunction with the primary
business, California Auto Dealers Exchange ("C.A.D.E.") which is located at 1320 North Tustin
Avenue. No other equipment or types of materials shall be stored on-site.
5. That gates shall not be installed across the driveway 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 review and approval by the City Traffic and
Transportation Manager.
6. That fencing, landscaping and irrigation shall be maintained in conformance with the approved plans
on file with the City of Anaheim, including installing new PVC slats in the chain link fencing along the
west, north and east property lines when any existing slats are missing or in disrepair.
7. 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.
8. That the owner of subject property shall be responsible for the removal of any on-site graffiti within
twenty four (24) hours of its application, excluding weekends.
9. That subject property shall be maintained in conformance with Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway focations, and as approved by the City Traffic
and Transportation Manager.
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10. That trash storage area(s) shall be 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.
11. That the locations for any 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 any plans submitted to the City of Anaheim for building or other permits. Said plans shall also
identify the specific screening treatment of each device (i.e., landscape screening, color or walls,
material, identifiers, access points, etc.); and that the plans shall be subject to review and approval
by the appropriate City departments.
12. That no signs what-so-ever shall be permitted on this property.
13. That a valid business license shall be maintained with the Business License Division of the Finance
Department.
14. That three (3) foot high street address numbers shall be displayed on the roof of the office structure
in a contrasting color to the roof material. The numbers shall not be visible to the public street.
15. That a maximum of twelve (12) cars per hour may be transported to and from this facility; and that
no transporter trucks shall be utilized in conjunction with the drop-off or removal of automobiles at
this facility.
16. That on-site maintenance of automobiles or trucks shall not be permitted.
17. That the gates shall be closed when the business is not in opera#ion.
18. That the 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, 2 and 3; and as conditioned herein.
19. That within a period of two (2) months from the date of this resolution, Condition No. 14, above-
mentioned, shall be complied with.
20. Thaf 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.
THE FOREGOING RESOLUTION was adopted af the Planning Commission meeting of
January 13, 2003.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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I, Eleanor Morris, 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 January 13, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAINED: COMMISSIONERS: KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ~T~day of
f , 2003.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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