Resolution-PC 2005-154l~
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RESOLUTION NO. PC2005-154
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2005-05039'BE GRANTED ,,
WHEREAS, the Anaheim 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 THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER
0F THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
IN THE RANCHO SAN JUAN DE' CAJON DE SANTA . ANA, AS SHOWN ON A MAP
RECORDED 1N BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF, ORANGE
COUNTY, CALIFORNIA. "
EXCEPTING THERE FROM THE NORTH 264.00 FEET.
_ ALSO EXCEPTING THERE FROM THAT PORTION DESCRIBED IN PARCEL NO. 200233-1
OF THAT CERTAIN FINAL ORDER OF
CONDEMNATION, SUPERIOR COURT CASE NO. 762760, A CERTIFIED COPY OF WHICH
WAS RECORDED OCTOBER 18,
2000 AS INSTRUMENT NO. 20000557793 OF OFFICiAL RECORDS OF SAID ORANGE
COUNTY. _
PARCEL 2: THE NORTH 264.00 FEET OF THE WEST ONE-HALF OF THE SOUTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
26; TOWNSHIP 4 SOUTH, RANGE 10 WEST, W THE RANCHO SAN JUAN DE CAJON DE
SANTA ANA, AS SHOWN ON A MAP RECORDED ' IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING THERE FROM THAT PORTION DESCRIBED IN PARCEL NO. 240233-2 OF TMAT
CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. J62760, A
CERTIFIED COPY OF WHICH WAS RECORDED OCTOBER 18, 2000 AS INSTRUMENT NO.
20000557791 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL3: THAT PORTION OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
W THE RANCHO SAN JUAN DE CA.fON DE SANTA ANA, AS SHOWN ON A MAP
RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COUNTY, CAUFORNIA, MORE PARTICULARLY DESCRIBED IN A GRANT DEED TO THE
STATE OF CALIFORNfA RECORDED AUGUST 22, 1995 AS INSTRUMENT NO. 95-0361614
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, TOGETHER WITH THAT PORTION OF
LAND DESCRIBED IN A GRANT DEED TO THE STATE OF CALIFORNIA RECORDED APRIL
12, 1993 AS INSTRUMENT NO. 93-0240607 OF SAID OFF{CIAL RECORDS, AND TOGETHER
WITH THAT PORTION OF LAND DESCRIBED IN A GRANT DEED TO THE STATE OF
CALIFORNIA RECORDED JUNE 23, 1999 AS INSTRUMENT NO. 19990465852 OF SAID
OFFICIAL RECORDS, LYING EASTERLY OF COURSES (2), (3), (4), (5), (6) AND (7) OF THE
FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHERLY QUARTER CORNER OF SAID SECTION 26, SAID
POINT BEING IN THE CENTERLINE OF KATELLA AVENUE AS SHOWN ON A MAP FILED W
BOOK 23, PAGE 36 OF PARCEL MAPS IN THE OFFICE OF THE COUNTYRECORDER OF
SAfD ORANGE COUNTY; THENCE ALONG THE EAST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 26, SAID LINE BEING PARALLEL WITH AND 7.00 FEET WEST
OF THE CENTERLINE OF LEWIS STREET (60 FEET WIDE) AS SNOWN ON SAID PARCEL
MAP, SOUTH 0° 24' 01" EAST 713.14 FEE7; THENCE EAST AT RIGHT ANGLES TO SAID
Cr\PC2005-154 -1- PC2005-154
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EAST LINE 37.00 FEET TO A POINT ON THE EAST LINE OF A 37.00 FOOT ROAD AND
PUBLIC U7ILITY EASEMENT AS DESCRIBED IN AN EASEMENT GRANT DEED RECORDED
IN BOOK 8786, PAGE 770 OF SAID OFFICIAL RECORDS,' SAID POINT BEING THE TRUE
POINT OF BEGINNING; THENCE ALONG THEfOLLOWING.COURSES: '
(1) NORTH 89° 38' 20" EAST 6.00 FEET TOTHE BEGINNING OF A'NON-TANGENT CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 193.00 FEET, A RADIAL LINE
OF SAID CURVE AT SAID POINT BEARS NORTH 89° 36' 04" EAST,
(2) SOUTHWESTERLY 189.76 FEET ALONG SAID CURVE THROUGH A CENl'RAL ANGLE
- OF 56° 19' 59" TO THE BEGINNING OF A REVERSE CURVE CONCAVE
SOUTHEASTERLY AND HAVING A RADIUS OF 63.00 FEET,
(3) SOUTHWESTERLY 41,44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
37° 41' 20",
, (4) SOUTH 02° 1T 11" EAST 44.19 FEET TO THE BEGINNING OF A NON-TANGENT CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 63.00 FEET, A RADIAL LINE
OF SAID CURVE AT SAID POINT BEARSSOUTH 67°10'53'WEST,
(5) SOUTHEAS7ERLY 9.42 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
8° 34' 12" TO A POINT OF INTERSECTION WITH A NON-TANGENT CURVE CONCAVE "
SOUTHWESTERLY AND HAVING A RADIUS OF 2044:00 FEET, A RADIAL LINE OF SAID '
CURVE AT SAID POINT BEARS NORTH 58° 36' 56" EAST,
(6) SOUTHEASTERLY 70.34 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01 ° 58' 15",
(7) SOUTH 29° 24' 46" EAST 220.07 FEET, AND
(8) SOUTH 88° 35' 31" EAST 413.09 FEET TO THE CENTERLINE OF SANTA CRUZ STREET
AS SHOWN ON A MAP FILED IN BOOK 134, PAGE 40 AND 41 OF SAID PARCEL MAPS,
SAID POINT BEING DISTANT THEREON NORTH 0° 54' 54" EAST 105.71 FEET FROM '
THE INTERSECTION OF SAID SANTA CRUZ S7REET WITH THE CENTERLINE OF GENE
AUTRY WAY (FORMERLY PACIFICO AVENUE).
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIBED ARE ON THE
CALIFORNIA COORDINATE SYSTEM OF 1927, ZONE 6. MULTIPLY ALL DISTANCES USED
IN THE ABOVE DESCRIPTION BY 100002052 TO OBTAIN GROUND LEVEL DISTANCES.
, WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the ,-
Cit y of Anaheim on November 14, 2045 at 2:30 p.m., notice of saidpublic hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipa l Co de, C hap ter 1 8. 6 0, t o
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 autliorized by
Anaheim Municipal Code Section 18.10.030.040.0402.
2. That the proposed use as conditioned herein will not adversefy affect the adjoining land uses
and the growth and development of the area in which it is located.
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` 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 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 construction vehicles to circulate and unload materials entirely on the property.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimentai to the health and safety of the citizens of the 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. _
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission has
concurred with staff that the proposed project is Categorically Exempt under 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 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 #o preserve the
health and safety of the Citizens of the City of Anaheim:
1. That the outdoor storage yard with accessory equipment and vehicle maintenance is approved for a
period of three (3) years to expire on November 14, 2008.
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 proposed 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 shaA 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. :
5. That the outdoor storage shall not exceed the height of the perimeter fencing and shall not be visible to
any adjacent public right-of-way.
6. That plans shall be submitted to the Planning Services Division 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.
7. That gates shall not be installed across the driveway in a manner, which may adversely affect vehicular
traific 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.
8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
9. That any loading and unloading of materials shall occur on-site only, and shall not take place in any
required parking area or within the public right-of-way.
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10. That adequate lighting of the parking and storage area, driveways, circulation areas, and grounds
contiguous to buildings shall beprovided with sufficient wattage to provide adequate illumination to
make clearly visible the presence af any person on or about the premises during thehours of darkness
and provide a safe, secure environment for all persons, property and vehicles onsite. That the minimum
fighting level in all parking and storage areas shall be one-foot candle, with a maximum to minimum
ratio no greater than 15:1. Said information shallbe specifically shown on plans submitted for Police
Department, Community Services Division approvaL
11. That a Burglar/Robbery Alarm permit application, Form APD 515 and a Fire Emergency Listing Card;
Form APD-281, shall be obtained from the Police Department and submitted in a complete form.
12. That vehicle repair shall be limited to the service the construction vehicles related to this business and
shall be conducted with+n a building. No other vehicle sales, rental, washing, detailing and/or salvage
shall be permitted. _
13. That this storage facility shall be maintained in compliance with Code Section 18.38.200 pertaining to
outdoor storage. _
14: That prior to the operation of any business on the subject property, a valid business license shall be
obtained from the City of Anaheim, Business License Division of the Planning Deparfinent.
15. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged or diseased, and/or dies.
16. '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. Said storage areas shall be designed, located and screened so as not to be readily
identifiable to adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials 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 Public Works Department, Streets and Sanitation Division approvaL
17. That four (4) foot high rooftop address numbers shall be painted flaf on the roof in contrasting color to
the rooftop material and shaN not be visible from ground level. Said information shall be specifically
shown on plans submitted for building permits.
18. That final sign plans shall be submitted to the Rtanning Services Division for review and approvaL Any
decision by City staff may be appealed to the Planning Commission as a`Reports and
Recommendations" item.
19. That prior to approval of a grading plan, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
. Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
. Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment
Control BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
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20. That prior to final building and:zoning,inspections, the applicant shalL
. Demonstrate that all 'structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
. ` Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP , :
. Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs. ~
21. That an on-site trash truck turnaround area shall be provided per Engineering Standard Detail No. 476
and shown on plans as required by the Department of Public Works, SanitationDivision. Said
information shall be specifically shown on.plans submitted forbuilding permits.
22. That a plan sheet for solid waste storage and collection and a plan for recycling shalf be submitted to
: the Public Works Department, Streets and Sanitation Division forreview and approvaL
23. That the locations for 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
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e; landscape screening, color ofwails, materials,'identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
24. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Depa~tment.
25. That all existing water services and fire lines shall conform to current Water Senrices Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
' owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire< . :
line.
26. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal
Code. Said information shall be specifically shown on plans submitted for building permits. ,
27. 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, 2 and 3, and as conditioned herein.
28. That prior to approval of a grading plan, Condition No. 19, above-mentioned, shall be complied with.
29. That prior to the issuance of building permits, or within one (1) year from the date of this resolution,
whichever occurs first, Condition Nos. 3, 6, 7, 10,11, 16, 17, 18, 21, 22, 23 and 26, above-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.
30. That prior to final building and zoning inspections, Condition Nos. 11, 14, 20, 25 and 27, above-
mentioned, shall be complied with.
31. 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.
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BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of thisResolution is expressly predicated upon applicanYs compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any partthereof, 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.
BE IT FURTHER RESOLVED that the applicanf is responsible forpaying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
. shall result in defays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
NoVember 14, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning ,
Provisions = General" of the Anaheim Municipal Code pertaining to a e r edure an be replaced
by:a City Council Resolution in the event of an appeaL _
CHAIRMAN, AH M PLANNINGCOMMISSIO
ATTEST:
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SENfOR SECRETARY, ANAHEIM PLANNING COMMfSSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on November 14, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA, KARAKI
IN WlTNESS WHEREOF, I have hereunto set my hand this ~~ T'~ day of
o /t.n btr , 2oos. ,
~SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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