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RESOLUTION NO. PC2004-92
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04875 BE GRANTED
(3400 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission didreceive 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:
COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA
PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN
BOOK 271, PAGES 42 AND 43 OF~ PARCEL MAP, IN THE OFFICE OF SAID COUNTY
RECORDER, THENCE AT RIGHT ANGLES TO'THE CENTERLINE OF SAID LA PALMA
AVENUE SOUTH 16° 16'00" fAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF
LAPALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY'OF
ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID
COUNTY, SAID POINT BEING TRUE POINT OF BEGINNING; THENCE„EASTERLY ALONG
SAID SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00 FEET; TH~NCE 4 SOUTH
16°16'00" EAST 32.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE'TO
THE NORTHEAST HAVING AS RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY '
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77°25'53" AN ACRE LENGTH OF
47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO
THE BEGINNING OF A TANGENT CURVE TO THE SOUTHWEST HAVING A RADIUS OF
60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 89° 55' 59" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A
LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT
ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG
SAID PARALLEL LINE SOUTH 3° 45' 54" EAST 1,017.06" FEET TO THE NORTH LINE OF
THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE
WESTERLY ALONG SAID NORTH LINE SOUTH 73° 4T 20" WEST 30.72 FEET TO A LINE
PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES,
FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE
NORTH 3° 45' 54" WEST 978.30 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE
FROM SAID NON-TANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE
NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE
OF 48° 26' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON A NON-TANGENT LINE,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE
LEAVING SAID CURVE SOUTH 86° 18' OT' WEST 81.33 FEET TO THE BEGINNING OF A
TANGEN~ CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77°
25' 53" AN ARC
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on August 23, 2004, 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 18.60, 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
Cr\PC2004-092 -1- PC2004-92
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.120.080.050.0531. ' '
2. ' That the proposed use as conditioned herein 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 proposed use is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the health and safety.
4. That the traffic generated by the proposed use wiU not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the site contains ample
area for auto haulers to maneuver and unload vehicles entirely on the property.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safety of the citizens ofthe City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition, A person spoke unrelated to the subject
request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is;
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following cpnditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That the temporary storage of new automobiles is approved for a period of three (3) years to expire on
August 23, 2007. -
2. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
3. That the existing chain link fencing shall be interwoven with PVC slats. The fencing shall be of sufficient
height to fully screen the materials stored outdoors from view of the public right-of-way. Said fencing
shall be permanently maintained in an orderly fashion and if damaged, shall be repaired within a period
of 24 hours. Said information shall be specifically shown on plans submitted to the Planning Services
Division for review and approvaL '
4. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned property
or any public right-of-way, including the SR-91 (Riverside) Freeway. '
5. That the outdoor storage of new automobiles shall not exceed the height of the perimeter fencing and
shalf not be visible to any adjacent public right-of-way, including the SR91 (Riverside) Freeway.
6. That the outdoor storage shall be limited to new automobile inventory.
7. That no advertising including advertisements placed directly on the automobiles shall take place at this
location.
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8. That the vacant industrial building may be utilized while the temporary outdoor storage of vehicles exists
on this property, provided that adequate parking is provided per Zoning Code requirements to
accommodate both uses concurrently. A parking plan shall be reviewed and approved by the Planning
Department prior to any occupancy of said vacant buiiding.
9. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470
pertaining to parking standards and driveway locations Subject property shall thereupon be developed
and maintained in conformance with said approved plans.
10. 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. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager.
11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
12. That no `compact' or `small car' parking spaces shall be permitted.
13. That any loading and unloading of vehicles shall occur on-site only, and shall not take place in any
required'parking area or within the public right-of-way.
14. That adequate lighting of the parking and storage area, driveways, circulation areas, and grounds
contiguous to buildings shall be provided with sufficient wattage to provide adequate illumination to
make clearly visible the presence of any person on or about the premises during the hours of darkness
and provide a safe, secure environment for all persons, property and vehicles onsite. That the minimum
lighting level in ail parking and storage areas shal{ be one-foot candle, with a maximum to minimum
ratio no greater than 15:1. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approvaL
15. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police
Department and submitted in a complete form.
16. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and
submitted in a complete form.
17. That no activity other than new vehicle storage shall occur on the property. No vehicle repair, sales,
rental, washing, detailing and/or salvage shall be permitted.
18. 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.
19. That prior to the commencement of the activity authorized by the resolution, or within one (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 3, 9, 10, 14, 15, 16, 18 and 23
herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal
Code.
20. This condition was deleted at the public hearing.
21. That this storage facility shaA be mainta+ned in compliance with Code Section 18.38.200 pertaining to
outdoor storage.
22. 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
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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.
23. That prior to the operation of any business on the subjectproperty, a valid business license shall be
obtained from the City of Anaheim, Business License Division of the Planning Department
BE ITFURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determinethat adoption of this Resolution is expressly predicated upon applicanYs 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
August 23, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal p oced s and may be re ed by a City Council
Resolution in the event of an appeaL
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' CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
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 August 23, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1f ~_-- day of
, 2004.
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SENtOR SECRETARY, ANAHEIM CITY PLANNWG COMMISSION