Resolution-PC 2006-12~ : ~
° RESOLUTION NO. PC2006-12
A' RESOLUTION OF THE ANAHEIM PLANNINGCOMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05031 BE GRANTED
(301 EAST BALL ROAD)
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-0range, State of California,
described as: :
THAT PORTION OF LOT 25 OF THE ANAHEIM EXTENSION, AS PER MAP OF SURVEY
MADE BY WILLIAM HAMEL AND FILED W THE OFFICE OF THE COUNTY RECORDER
OF LOS ANGELES COUNi'Y, CALIFORNIA, A COPY OF WHICH 1S SHOWN IN BOOK 3,
PAGE 163 AND FOLLOWING ENTITLED "LOS ANGELES COUNTY MAPS'; RECORDS
OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE SOUTH LINE OF SAID LOT 25 WITH THE WEST LINE OFTHE
SOUTHERN PACIFIC RAILROAD COMPANY'S RIGHT OF WAY; THENCE SOUTH 89° 53'
45" WEST 297.00 FEET ALONG SAID SOUTH LINE OF LOT 25 TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 0° 06' 15" WEST 348.66 FEEI'; THENCE SOUTH 74° 30'
00" WEST 155.58 FEET; THENCE SOUTH 0° 06' 15" EAST 307.35 FEET TO THE SOUTH
LINE OF LOT 25; THENCE NORTH 89° 53''45'° EAST 950.00 FEET TO THE TRUE POINT
OF BEGINNING EXGEPT THE SOUTHERLY 50.00 FEET THEREOF LYING WITHIN BALL
ROAD.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 23, 2006, at 2:30 p.m., notice of said public hearing having been dulygiven 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 that said public hearing was continued
from the October 39, November 14, December 12, 2005, and January 9, 2006, Planning Commission
meetings; 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 Section 18.10.030.040 to permit and retain an existing outdoor storage area and to
insfall an overhead crane to load trucks with slab material in conjunction with an existing wholesale building
material (stone) distribution business with waiver of following:
SECTION NO. 18.42.040.010 Minimum number of parkinq spaces
(34 required; 21 proposed and recommended by the
City recommended by the City's Independent Parking
and Traffic Consultant)
2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces
to be provided for such use than the number of such spaces necessary to accommodate all vehicles
attributable to such use under the normal and reasonable foreseeable conditions of operation of such use,
because based on the survey conducted at the site, peak demand for the site is 19 spaces. The site would
provide a total of 21 spaces, with additional available parking (an additional 26 spaces) on the adjacent
property to the east. This combined parking supply contains a sufficient parking surplus demonstrating that
the parking supply would be sufficient to meet the needs of the proposed project.
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3. That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Based
on the survey conducted at the site, peak demand for the site is 19 "spaces and the site would provide a total
of 21 spaces, with additional available parking (an additional 26 spaces) on the adjacent property to the east.
There would be a 10% surplus (2 spaces) provided on site, with additional overflow parking on an adjacent
property (as indicated in the owner's lease agreement). This combined parking supply would not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed
use.
4. That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The proposed
on-site parking will not create a demand or competition upon adjacent private property, as the total parking
supply of 47 spaces'(on and off site) is more than double the number of parking spaces needed by this
' project at peak demand (19 spaces).
5. That the waiver, under the conditions imposed, if any, will not increase traffic congestion
within the off-street parking areas or lots provided for such use. The proposed On-Site p81'k111g WIII 110t
increase traffic congestion, noise, air pollution or traffic circulation conflicts within the off-street parking area
provided. As demonstrated on the attached site plan, proposed storage and vehicular access would not '
conflict with off street parking areas.
6. That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The
use of the adjacent property would facilitate access to the site for large delivery vehicles. As indicated on the
site plan and in the attached parking study, this request would not impede vehicular ingress to or egress from
adjacenf properties upon the public streets in the immediate vicinity of the proposed use.
7. That the use does not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as the surrounding land uses are developed
with similar industrial land uses,
8. That the size and shape of the site in conjunction with secured agreements for access,
parking, storage, and office area on the adjacent property, is adequate to allow the full development of the
use in a manner not detrimental to the particular area or to the health and safety as indicated on the attached
site plan and as conditioned as the proposed storage areas would comply with all the provisions of the Code;
9. That the traffic generated by the use does not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area; and
10. That the granting of the conditional use permit under the conditions imposed will not be
detrimental 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit and retain an existing outdoor storage area and to install
an overhead crane to load trucks with slab materials in conjunction with an existing wholesale building
material (stone) distribution business with waiver of minimum number of pa~king 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,
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NOW, THEREFORE, BE 1T 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 to preserve the
safety and general welfare of the Citizens of the City of Anaheim: -
1. That the property owner shall submit a request to terminate Conditional Use Permit Na 1222 (to'
permit an automobile frame and body repair shop in the M-1 zone) to the Planning Department,
Planning Services Division, as this business is no longer in operation.
2. That the height of the material stored on-site shall not exceed the screening fence. Said information
shall be specifically shown on;plans submitted to the Planning Department, Planning Services
Division for review and approvaL
3. ~hat the easterly and westerly driveways shall be removed and replaced with curb, gutter, and
sidewalk. Said information shall be specifically shown on plans submitted for building permits.
4. That all fences and gates on=site shall be refurbished, including the installation of screening mesh on
the relocated wrought iron gate, and the installation PVC or vinyl slats on the fence at the east and
west boundaries of the storage areas. Said information shall be specifically shown on plans
submi4ted to the Planning Services Division for review and approvaL ;
5. That the bridge crane shall be painted to match the buildings or painted a non-reflective color (light
blue, gray, or off-white) to minimize its appearance from Ball Road. Said information shallbe
specifically shown on plans submitted for building permits.
6. That the gates on-site shall be open and unlocked during business hours, except during the
loading/unloading of product delivery vehicles.
7. That this permit shall only be in effect provided the owner can demonstrate the right to access the
site from the adjacent property to the east, either in the form of a lease agreement or access
easement recorded on both properties. If the mechanism for access changes (from lease to
easement) the property owner shall submit a copy of the recorded agreement/easement for review
and approval by the Planning Department, Planning Services Division and City Attorney's Office.
Plans submitted for building permits shall reflect the path of travel and access gates for the large
vehicles, and associated re-striping of the affected parking area.
8. That landscape plans shall be submitted to the Planning Services Division for review and approvaL
The landscape plans shall reflect the following:
. The installation of two, five-foot wide planters along the entire lengths of Buildings 1 and 2.
• The installation of eight, 24-inch box sized, evergreen trees and associated
grou~dcover/shrubbery in the landscape setback on Ball Road.
• The installation of permanent and automatic irrigation as required by Code.
9. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping and fence maintenance, asphalt repair, removal of trash and debris, and
removal of graffiti within twenty four (24) hours from time of occurrence.
10. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned
property or the public right-of-way.
11. That the bridge crane shall not contain advertising visible off-site.
12. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
13. That any loading and unloading of equipment shall occur on-site only, and shall not takeplace in any
required parking area or within the public right-of-way.
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14. That 4-foot high address numbers shall be displayed on the roof of Building 3 in a contrasting color
to the roof materiaL The numbers shall not be visible from the view of the street or adjacent
properties: Said information shall be specifically shown on plans submitted for Police Department
approval
15. That the granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking
demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumpfions and/or conclusions, as contained in the parking
demand study, shall be deemed a violation of 4he expressed conditions imposed upon said waiver which
shall subject this variance to termination or modification pursuant to the provisions of Section 18.60.190
of #he Anaheim Municipal Code.
16. That no washing of vehicles or equipment shall occur on the property.
17. That clear unobstructed access to all parts of the property shall be provided at all times as
determined by the Anaheim Fire Department. Said information shaU be specifically shown on plans
submitted for building permits.
18. That the outdoor storage shall be limited to stone slabs as indicated in the submitted letter of
operation. No other outdoor storage shall be permitted.
19. That the existing canopies shall be removed,
20. That the proposed canopy reflected on submitted plans shall be removed, and at no such time shall
a canopy or any proposed shade structure be allowed to be attached to the bridge crane for the
purposes of covering or enclosing the outdoor storage areas. Such information shall be specifically
shown on plans submitted for building permits.
21. That subject property shalf be developed substantially in accordance with plans and specifications '
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, and 3, and as conditioned herein.
22. That prior to issuance of a building permit, prior to the commencement of the activity authorized by
this resolution or within one (1) year from the date of this resolution whichever occurs first, Condition
Nos. 1, 2, 3, 4, 5, 7, 8, 14, 17 and 20, above-mentioned, shall be completed. Extensions for further '
time to complete said conditions may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
23. That prior to final buifding and zoning inspections, Condition Nos. 19 and 21, above-mentioned, shall
be complied with.
24. 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.
BE IT FURTHER RESOLVED that the Anaheim 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.
BE JT FURTHER RESOLVED that the applicant is responsible for paying all charges retated
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
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prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of requi`red permits vr the revocation of the approval of this application:
THE FOREGOING RESOWTION was adopted at the Planning Commission meeting of
January 23, 2006. Said resolution is subject to the appeal provisions set'forth in Chapter 18.60, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining to ap al r~ dures and m be replaced
by a City Council Resolution in the event of an appeaL' ,
CHAIRMAN, ANAHEIMPLANNING CO ISSION
ATTEST:
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. ./~iCL.~.r~f.~l ~ ~ ~ f / (~A'Y\/4q ' . . . . . .. : ~ . .. . ~ ~ .. .
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby eertify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on January 23, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~ IN WITNESS WHEREOF, I have hereunto set my hand this ~ r~ day of
G~~~a~, 2006. .
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION