Resolution-PC 2008-95RESOLUTION NO. PC2008-95
A RESOLUTION OF THE ANAHEIM PLANNING COMIVIISSION
APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND
CONDTTIONAL USE PERMIT NO. 2008-05330
(1505 NORTH STATE COLLEGE BOULEVARD)
WHEREAS, this property is developed with vacant service station buildings located in
the Industrial zone and the Anaheim General Plan designates the property for Industrial land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Pemut for certain real property situated in the City of Anaheim, County of Orange,
State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference for
an architectural salvage materials sales facility with waivers of the following provisions of the
Anaheim Municipal Code:
(a) SECTION 18.42.040.010
Minimum number of parking spaces
(15 required; 10 proposed)
(b) SECT~ON 18.10.060.020.0201
(c) SECTION 18.10.060.020.0203
(d) SECTION 18.46.110.030
Minimum street setback abutting
an arterial highway (50 feet required;
18-32 feet proposed)
Minimum street setback abutting
a local street (10 feet required; 0 feet
proposed)
Maacimum fence height (3 feet
pernutted; 6 feet, 9 inches proposed)
WF-IEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 29, 2008, at 230 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 heaz and consider evidence for and against said proposed conditional use pernvt and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspecUon, 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 request to pernut the wholesale and retail sales of azchitectura] salvage
materials is properly one for which a conditional use pertnit is authorized under Code Sec6on No.
18.10.030.040.0402 (Building Material Sales) of the Anaheim Municipal Code.
2. That the operation of the azchitectural salvage material sales establishment will not
adversely affect the adjoining land uses or the growth and development of the area in which it is
proposed to be located.
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3. That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety.
4. That the traffic generated by the proposed use will not impose an undue buiden
upon the streets and highways designed and improved to carry the traffic in the uea because the
pazking demand for this use is the same as a general industrial use pernritted in the industrial zone.
5. That the granting of the conditiona] use pernut will not be detrimental to the health
and safety of the citizens of the City of Anaheim.
6. That the variance will not cause Pewer off-street parking spaces to be provided for
the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to
such use under the normal and reasonably foreseeable conditions of operation because the majority of
the sales will not be to the general public. Additionally, the business will cater to a narrower segment
of the public than a typical home repair business due to the specialized nature of the products.
7. That the variance will not increase the demand and competition for pazking spaces
upon the public streets in the immediate vicinity of the proposed use because the specialized nature of
the use and the limited number of customers thaC will come to the site.
8. That the variance will not increase the demand and competition for parking spaces
apon adjacent private property in the 9mmediate vicinity.
9. That the variance will not increase traffic congestion within the off-street parking
areas or ]ots provided for the proposed use because there is adequate pazking onsite; and
10. That the variance will not impede vehiculaz ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of the proposed use because vehiculaz
access will be limited to the westernmost driveway on Via Burton Street and because two driveways
will be closed on State College Boulevard.
11. That the requested waivers (a), (b), (c), and (d) are hereby approved because the
property is smaller that other properties under identical zoning classification in the vicinity. Moreover,
strict application of the Zoning Code would deprive the property of privileges enjoyed by other
property under identical zoning classification in the vicinity.
12. That one person indicated their presence at said public hearing in opposition and
two letters of correspondence were received in opposition to the subject petition.
WFIEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15303, Class 1(Existing Facilides) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepaze additional environmental documentation.
NOW, THEREFORE, BE TT RESOLVED that the Anaheim Planning Commission
does hereby approve Conditional Use Pemut No. 2008-05330 with waivers of Code requirements
subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this
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reference which are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to preserve the health, safety and general welfare of the citizens of the City of
Anaheim.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 IT FUR'THER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionazy case application wikhin 15 days of the issuance of the
final invoice. Failure to pay all charges shall result in the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of September 29, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60,
"Zoning Provisions - Genezal" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
~
CHAIRMA AN IM G COMNIISSION
ATTEST:
SENIOR ~ECRETARY, ANAHEIM PLANNING COMIvIISSION
STATE OF CALIFORNIA )
COLJNTY OF ORANGB ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 September 29, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, I{ARAKI, ROMERO
NOES: COMIVIISSIONERS: NONE
ABSENT: CONIIvIISSIONERS: AGARWAL, RAMII2EZ
IN WTI'NESS WfIEREOF, I have hereunto set my hand this 13`~ day of
October,2008. ~ ~
~ /
ARY, ANAI-IEIM PLANNING COMNIISSION
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EXHIBIT "A"
CONDITIONAL USE PERNIIT NO. 2008-05330
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EXHIBIT `B"
CONDITIONS OF APPROVAL _ . .
CONDTTIONAL USE PERNIIT NO. 2008-05330
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO TH E ISSUANCE OF A BUII.DING PERtYIIT
1 The property owner shall irrevocably offer to dedicate to the City of Public Works
Anaheim an easement 38 feet in width from the centerline of the street
along Via Burton for street widening purposes and a comer cut-off to
accommodate future ADA curb ramps.
2 The following items must be submitted and approved: Public Woxks
• Any revisions to the original grading plan related to the
building pad.
. Two (2) copies of the interim soils report indicating pad
compaction and site stability.
The original and two (2) copies of a letter of certification for the
building pads from the Civil Engineer, Exhibit D which can be
found on the following City of Anaheim website:
www anaheim neUdepts servc/pub works/dev svc/fe proc.htm
3 The legal property owner shall submit an application for a Subdivision Public Works
Map Act Certificate of Compliance to the Public Works Department,
Development Services Division. A Certificate of Compliance or
Conditional Certificate of Compliance shall be approvedby the City
Engineer and recorded in the Office of the Orange County Recorder
prior to issuance of a building peraut.
4 The proposed 6' high iron fence shail be set back 10 feet from the Planning
ultimate right-of-way along State College Boulevard and 2 feet from
the ultimate right-of-way along Via Burton and all areas ]ocated in
front of the fence shall be fully irrigated and landscaped in
accordance with Code.
5 Rooftop address numbers for the police helicopter shall be indicated Police
on plans submitted for Building permits. Minimum size 4' in height
and 2' in width. The lines of the numbers are to be a minimum of
6" thick. Numbers should be spaced 12" to 18" apart. Numbers
should be painted or constructed in a contrasting color to the roofing
material. Numbers should face the street to which the structure is
addressed. Numbers are not to be visible from ground level.
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RESPONSISLE
FOR
NO. CONDIT~ONS OF APPROVAL MONITORING
6 All entrances to pazking areas shall be posted with appropriate signs Police
per 22658(a) C.V.C., to assist in removal of vehicles at the property
owners/managers request and shall be noted on the plans submitted
for Building permits.
7 "No Trespassing 602(k) P.C." posted at the entrances of parking Police
lots/structures and located in other appropriate places. Signs must
be at least 2' x 1' in overall size, with white background and black
2" lettering and shall be noted on the plans submitted for Building
pernuts.
PRIOR TO FINAL BUILDINGAND ZONING INSPECTIONS
8 The developer shall submit a grading plan for the on-site grading and Public Works
driveway reconstruc6on on State College Boulevard and Via Burton
to the Publac Works DepartmendDevelopment Services. A Right of
Way Construction Pernut shall be obtained from the Public Works
DepartmendDevelopment Services for all work performed in the
right-of-way. Prior to any private storm drains connecting to a City
storm drain, the recordauon of a Save Harmless in-lieu of
Encroachment Agreement is required.
9 The existing driveway approaches on State College Boulevard shall be Public Works
removed and replaced with curb, gutter, parkway landscaping and Enforcement
sidewalk. The driveways along Via Burton shall be removed and
reconstructed per Engineering Standazd Detaal 115-B.
10 Fire lanes shall be posted with "No Parking Any Time." Said Public Works
information shall be specifically shown on plans submitted for
building pernuts.
11 All buildings shall have clearly marked doors with numbers Police
corresponding to the alarm zones, if any.
12 Overhead roll-up doors shall be secured on the inside so that the Police
lock cannot be defeated from the outside and shall be secured with a
cylinder lock or padlock from the inside.
13 Louvered windows shall not be used or permitted. Police
14 Monument signs and addresses shal] be well lit during hours of Police
dazkness.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MO1VI'~ORING
15 Exterior storage areas should be secured using an open fencing Police
design, such as wrought iron or tubular steel, and the alarm system
should be extended to those doors or gates.
PRIOR TO TH E ISSUAIYCE OF A CERTIFICATE OF QCCUPANCY
16 The applicant shall: Public Works
o 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 prepazed to implement all
non-structural BMPs described in the Project WQMP
• Demonstrate that an adequate number of copies of the
approved Project WQMP aze available onsite.
o Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
17 File Emergency Listing Cazd, Form APD-281, with the Police Police
Department, available at the Police Department front counter, or it
can be downloaded from the following web site:
h~~//www.anaheim.nedarticle.asp?id=678.
18 The property owner shal] be responsible for maintaining the azea Police/Code
adjacent to the premises over which they have control, in an orderly Enforcement
fashion through the provision of regulaz maintenance and removal
of trash or debris. Any graffiti painted or marked upon the premises
or on any adjacent area under the conuol of the licensee shall be
removed or painted over within 24 houxs of being applied.
GENERAL
19 That it is the responsibility of the Owner to remove and relocate any Public Works
traffic signal poles and equipment at the intersection of Via Burton
Street and State College Boulevazd if necessazy at the Owner's
expense.
20 That on-going during project operation, no required parking azeas Public Works
shall be fenced or otherwise enclosed for outdoor storage uses.
21 That the property shall be permanently maintained in an orderly Planning
fashion through the provision of regulaz landscaping maintenance,
removal of trash or debris, and removal of graffiti within twenty-
four (24) hours from the time of discovery.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MOIVITORING
22 That subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by
the petitioner and which plans ue on file with the Planning
Department marked Exhibit Nos. 1 to 5, and as conditioned herein.
23 That timing for compliance with conditions of approval may be Planning
amended by the Planning Director upon a showing of good cause
provided (i) eguivalent timing is established that satisfies the
original intent and purpose of the condition(s), (ii) the modification
complies with the Anaheim Municipal Code and (iii) the applicant
has demonstrated significant progress toward establishment of the
use or approved development.
24 That approval of this application constitutes approval of the Planning
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.
25 Extensions for further time to complete conditions of approval may Planning
be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code.
26 The area located between the fence and outdoor display areas shall Planning
be maintained free and cleaz of storage, debris and any other items.
27 The property shall be subject to Code Enforcement inspections once Code Enforcement
a yeaz for a period of two yeazs.
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