Resolution-PC 2004-97~
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RESOLUTION NO. PC2004-97
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04884 BE GRANTED
(3001 EAST MIRALOMA AVENUE)
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:
THE WEST ONE-HALF OF LOT 8, BLOCK 5 OF THE GOLDEN STATE TRACT, AS SHOWN
ON MAP RECORDED IN SOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS,
RECORDS OF SAID COUNTY ` EXCEPT THEREFROM THE ' WESTERLY 40.00 FEET
THEREOF. ALSO EXCEPTING THEREFROM THE SOUTHERLY 45.00 FEET THEREOF.
ALSO EXCEPTING THEREFROM THAT CERTAIN PARCEL DESCRIBED AS . FOLLOWS:
BEGINNING AT THE INTERSECTION ' OF A LINE PARALLEL WITH AND 60.00 FEET
EASTERLY OF THE WESTERLY LINE OF SAID LOT 8 AND A LINE PARALLEL WITH AND
45.00 FEET NORTHERLY OF THE CENTERLINE OF MIRA LOMA AVENUE'(90,00 FEET IN
WIDTH); THENCE ALONG LAST SAID PARALLEL LINE NORTH 73° 43' 45" EAST, 270.04 ''
FEET TO THE EASTERLY LINE OF SAID WEST ONE-HALF OF LOT 8; THENCE ALONG SAID '
EASTERLY LINE NORTH 16° 15' 44" WEST, 343.00 FEET TO A LINE PARALLEL WITH AND
388.00 FEET NORTHERLY OF SAID CENTERLINE OF MIRALOMA AVENUE; THENCE
ALONG LAST SAID PARALLEL LINE SOUTH 73° 43' 45" WEST, 269.99 FEET T0 SAID L1NE
THAT IS PARALLEL WITH AND 60.00 FEET EASTERLY OF SAID WESTERLY LINE OF LOT 8;
THENCE ALONG LAST SAID PARALLEL LINE SOUTH 16° 15' 15" EAST, 343.00 FEET TO
THE POINT OF BEGINNING THEREOF.
W HEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 8, 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
18.66.040.030, 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 madeby 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 request to permit the outdoor storage of automobiles is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section No. 18.120.050.0545 with waiver of:
Section No. 18.42.040 Minimum number of parkinq spaces
(21 spaces required; 3 spaces proposed and
recommended by the Traffic and Transportation
Manager)
2. That the waiver, based on the parking study submitted by the applicant and under the
conditions imposed, will not cause fewer off-street parking spaces to be provided because the 3 parking
spaces proposed are adequate to meet the number of such spaces necessary to accommodate all vehicles
attributable to such use under the normal and reasonably foreseeable conditions of operation of the use.
3. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets in the immediate vicinity of the proposed use since the 3 parking.
spaces proposed is adequate to meet the peak demand to accommodate employees and any rare visitor to
the site.
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4. That the waiver, under the conditions imposed, wil( not increase the demand and competition '
for parking spaces upon adjacent private property in the immediate vicinity of the proposed use as the
project site provides more than adequate on site parking for the proposed use.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the proposed use. ~
6. I That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. 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 if is located.
. 8. 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.
9. 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 because the site contains ample
area for auto haulers to maneuver and unload vehicles entirely on the property.
10. That granting this conditional use permit will not, under the conditions imposed, be
detrimenta( to the health and safety of the citizens of the City of Anaheim.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition; and that one person`spoke in favor io the
subject petition; and that one person spoke unrelated to the proposaL
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit an outdoor auto storage facility with waiver of minimum
number of parking spaces; and does hereby approve the Negative Declaration upon finding that the ,
declaration reflects the independent judgment of the lead agency and that it has considered the 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, 7HEREFORE, 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
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 five (5) years to expire on
September 8, 2009.
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. Any proposed
gates shall also be interwoven with PVC slats. 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.
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5. That the outdoor storage of automobiles shall not exceed the height of the perimeter fencing and shall ,
: not be visible to any adjacent public right-of-way. .'
6. That the outdoor storage shall be limited to automobile inventory only. No damaged or salvage
automobiles permitted.'
7. That no advertising including advertisements placed directly on the automobiles shafl take place at this
location. '
8. That plans shall be submitted to the City Traffic and Transporfation 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.
9. 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.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. ~ _
11. That the driveway on Miraloma Avenue shall be reconstructed to accommodate ten (10) foot radius curb
returns in conformance with Engineering Department Standard No. 115. Said information shall be
specifically shown on plans submitted for review and approval by the City Traffic and Transportation
Manager.
12. 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.
13. That adequate lighting of parking lots, driveways, circulation areas, and grounds contiguous to buildings
shall be provided with lighting of 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 all parking lots shall 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
14. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from thePolice
Department and submitted in a complete form.
15. That a Fire Eme~gency Listing Card; Form APD-281 shall be obtained from the Police Department and
submitted in a complete form.
16. That no activity other than automotive vehicle storage shall occur on the property. No vehicle repair,
sales, rental, washing, detailing and/or salvage shall be permitted.
17. That no signage (other than the address) shall be permitted.
18. 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.
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 No. 1, and as conditioned herein.
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20. That prior to the commencement of the activity authorized by theresolution, or within one (1) year from :
the date of this resolution, whichever occurs first, Condition Nos. 3, 8, 9, 11, 13, 14, 15 and 19
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.d40.010 of the Anaheim Municipal
Code.
21. That approvai of this application constitutes approval of the proposed request only to the extent#hat 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 comptiance 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 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
September 8, 2004. `Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City
Councif Resofution in the event of an appeaL .
CHAIRPERSON, ANAHElM CITY PLANNING COMMISSION
AT ST:
NI R SECRETARY, ANAHEIM CITY PLANNING COMMISSION
Sl'ATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, 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 September 8, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES,
VELASQUEZ
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2004. %
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ARY, ANAHEIM,CITY PLANNING COMMISSION
PC2004-97