Resolution-PC 96-28~ ~
RESULUTION NO. PC96-28
A RESOLUTION OF 71iE ANAHEIM CIIY PLANNING COMMISSIQN
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 383U BE GRAM'ED
WHEREAS, th~ Anahefm City Planning Commission did receive a ve~ified Petition for
Conditional Use Permft fcr certai~~ reai oroperry sd~mted in the Ciry of F+naheim, County of Orange, State
of California, described as:
PARCEL A: THE NJEST 54 FEET OF LOT 1 AND ALL OF LOT 2 OF THE VILLA
PLACE ADDITION IN THE CITY OF ANAHEIM, COUNTY JF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOQK 6, PAGE 8 OF
MISCELLANEOUS MApS, IN THE OFFtCE OF THE COUMY RECORDER OF
SAID COUNTY.
EXCEPT THE WEST~RLY a5 FEEf OF SAID LOT 2.
PARCEL B-1: THE WESTERLY 35 FEET OF LOT 2 OF VILLA PLACE ADDITION,
AS SHOWN ON A MAP RECORDED IN BOOK 6, PAGE ?.'~ OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, THE EASTERLY LiNE
THEREOF BEING PARALLEL WITH THE WESTERLY L1yE OF SAID LOT 2.
PARCEL B-2: LOT 3 OF VILLA PIJ~CE f~DbITION, AS SHOWN ON A MAP
RECORDED !N BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY, CALIFORNIA
LOT 4 OF VILLA PLACE ADQITION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP TlitREOF RECORDED IN
BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER Or SAID COUNTY.
LOT 5 OF VILLA PLACE ADDITION, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 6, PAGE
8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUMY.
EXCEPT THEREFROM THE SOUTHEASTERLY 86 FEET THEREOF.
LOT 6 OF THE VILLA PLACE ADDITION, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CAUFORNIA, AS PER MAP RECORDED IN BOOK 6,
PAGE 8 OF PVIISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER QF SAID COUNTY.
WHEREAS, the Ciry Planning Commission dfd hold a public hearing at the Civic Center
in the City of Anaheim on March 4, 1996 at 1:30 p.m., notice of said public hearing having been duly gNen
as requirai by law and in accordance wfth the provisions of the Anaheim Municlpal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed condftional use permft and to irnestigate and
rrake findings and recommendations in connect(on therewfth; and
CR2616DM,WP '~" P~~
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WHEREAS, said Commission, aiter due inspecilon, ~n~eMigatfon and study mado by itself
and in its behalf, and after d~~e consideration of all evidence and reports offered at said hearing, does find
ar~i determine the following facts:
1. That the proposed use is properly orse tor which a conditional use permft is authorized by
Anaheim Municipal Code Section 18.45.050.340 to retain outdoo~ storage of products fo~ an existing retall
restaurant supply store with waNer of the following:
SPction 18.45.050.340 fi) - Minimun's landscaoed Q°*~''"'k ~O~ n~a~~ ~O~~e.
-(5 foot wide landscaped setbacks adj3cent to L3ncoln Avenue and Center
Street required; -3 foo~ wicle landsc2ped setbacks proposed)
2. That there are spFa:lal circumstances app~icabie to the property consfsting of its location
and surroundfngs which do rht apply to other tdentically zoned properties in the v(cinity beq~se of the
Caltrana realignment of Lincoln Avsnue and thn uitimate wkJth of Uncoln Avenue, as specffied on the
Circulation Element of the City of Anaheim General Plan, wiil reduce the depth of the property;
3. That strict application of the Zoning Coda deprives the properry of p~ivlleges enJoyAd by
oti;er properties under identfcal zoning classNication in th~ vicinity;
4. Thst the proposed use ts properly one tor which a conditional use permR is authorized by
the Zonin{~ Code;
5. That the subject properry ~s located in a transi'tlonal area due to improvements being
made to the I-5/Santa Ana Freeway and UncNn Avenue;
6. That the proposed use wUl not adverseiy afiect the adJoining Iand uses and ti~e ~rowth and
development of the area in which ft is proposed to be located;
7. That the size and shape of the ~fte for ihe proaosed use is adequate to allow t~~e full
development of the proposeci use in a manner not deMmentel to the particuiar area nor to the peace,
health, safery, and general welfare;
8, That the traffic generated by the praposed use will not impos~ an undue burden upon the
streets and highways designed and (mprrned to carry the traffic in the area; and
9. That the grantin~ of the condEtional use permft under the corxlftians imposed, induding
a two-year time Iimitation, will not be detrimental to the peace, h9alth, saf~ty and general welfare of the
citizens oF the City of Anaheir.~.
10. That the fences and lendscaping, as specHled on the submttted ptans, shall be installed
within three (3) months from the date of this resolution and that the timely installation of the propased
landscaping and irrigation will allow for maturity of the Iandscaping during the Caltrans constru~lon
prncess and wiil add to the sesthetics of this neighborhoc+d because c~ undorlying CG "Cor~mercial,
General' Zone does not, !n ftself, require landscape settyacks (except tor outdoor storaflb ;°_ ~s);
11. That one person appeared at the public hearing in opposftlon; and that no correspundence
was rece~~ed fn opposition So the subJecc petitlon.
.2. PC96-28
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDI~IG: That the Anahaim City Planning
Commission has reviewed the proposal to retain outdoor storage of products for an existing retail
restaurant supply store with waiver of minimum landscaped setback for outdoor storage on an irregularly-
shaped parcEl of land consisting of appcoximately 0.22 acre located between Lincoln Avenue and Center
Street, having frontages of approximately 104 feet on the suuth side of Lincoln Avenue and 50 feet on tha
north side of Center Street, having a maximum depth of approximately 150 feet, being located
approximately 505 feet east of the centerline of Villa Place and further described as 1130 West Lincoln
Avenue and 1203 West Center Street (Ace Fixtuse Company); and does hereby approve the Negative
Dzclaration upon finding that the declaration reflects the independent judgement of the lead agency and
that ft has considered the NegatNe Declaration together with any comments received during the public
review process and further flnding on the basis of the initfal study and any comments receNed that there
is no substantiai evidence that the praject w~d have a signfficant effect on the environment.
NOW, THEREFORE, BE IT RESOLVEQ 4hat tl~e Anaheim City Planning Commission
does hereby grant subject Pet~tonreoe uisiteftto hle ro used~use of tlhe sulbJect p perty in rde~ tare
hereby found to be a necessary p q P P
preserve the safery and general welfare of the Cftizens of the City of Anahe(m:
1. That this conditional use permit shail expire two (2) years from the date of this resolution.
2. That the subject outdoor storage area shall be utiized solely for the storage of finished products
available for sale in conjunction with the existing retail restaurant supply store lo~ated to the east
of the storage area. _
3. That the outdoor storage shall not exceed the height of the perimeter fencing. `,`\
4. That the petftioner shall utilize, and malntafn in good conditlon, redwood, cedar or PVC slats in all
perimeter chainlink fencing.
5. That clinging vines shail be planted, irrigated and maintained along the perimeter fencing visible to
Lincoln Avenue and Center Street.
6. That the owner of subject properry shall be responsible for the removal of any on-site graffiti
within twenry four (24) hours of iis appl(cation.
7. That a certificate of compliance shall be submitted to the Department of Public Works for review
and approval by the Ciry Engineer, and then be recorded tn the Office of the Qrange County
Recurder.
8. That all trash bins or barrels shall be stored out of the pubiic view.
' 9. That a minimum of four (4) an-site parking spaces shall be provided and maintained in
"~ compliance wiih Code requiremonts. The location of said parking sp;:ces shall be subJect to the
~ prior approval of the Ciry Traffic and Transportation Manager. A copy o f t he a p p r ovcxi plan shall
be submitted to the Planning Department.
r
~ 10. That the gate adjacent to Center Street shall be kept closed except during use for access to or
from the storagA area.
~_ PC96-28
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i 1. That all loading and/or unloading of deiNeries shall take place on-site unless the appl(cant obtains
apprnval from the City Trafffc and Transportation Manager for a curb side loading and unloading
area direcUy adJacent to subject property along Center Street. If ap~roved, all such loadfng and
unload(ng shali take place in said curb side loading area.
12. That a~ minimum of fl~%e (5) trees shall be planted adJacent to Lincoin Avenue and a minimum of
two (2) trees shall be planted adjacent to Center Street. Said trees shall be irrigated and
maintained in the landscaped setback areas between the fencing and the public rights-of-way.
Each of the required trees shall be a minimum fffteen (15) gallons in size.
13. That any tree planted on-s;te shall be replaced in a timely manner ir, the event that ft is removed,
damaged, diseased and/or dead.
14. That tho property owner shall be responsibla for the maintenance of the area between the
proposed landscaping and the Lincoln Avenue right-of-way until such tlme as Caltrans obtains
ownership of sald area.
15. That subject property shall be developed substantially in accordance wfth plans and spectficat(ons
submitted to the Ciry of Anaheim by the petitioner and which plans are on file wi~h t~~e Plann(ng
Department marked Exhibit No. 1.
16. That the applicant shall be responsible for the cost of twelve (12) random Code Enforcement
inspections to take place within the next two (2) years following the date of this resolution.
17. That a panel shall be bulit around the base of the fence located adJacent to the south and west
property Iines to control debr(s.
18, That the fence afong Lincoln Avenue shall be located three (3) feet south of, and parallel to, the
Caltrans acquisition parcel.
19. That within a period of ninery (90) days from the date of this resolution; Condit(on Nos. 4, 5, 7, 9,
12, 15, 17 and 18, above-mentfoned, sFiall be completed. Extensions for further time to complete
said condftions may be granted in accordance wfth Section 18.03.090 of the Anaheim ARunicipal
Code.
20. That approval of this application constitutes approval of the proposed request oniy to the extent
that it complies wfth the Anaheim Municipal Zoning Code and any other applicable City, 5tate and
Federai regulations. Approval does not include any action or flndings as to compllance or
approval of the request regarding any other applicable ordinance, regulatlon or requirement.
BE IT FURTHER RESOWED that the Anaheim Ciry Planning Commission doss here~v
f(nd and determ(ne that adopt(on of this Resolution is expressly predicated upon appltcant's compliance
with each and all oF the conditions here(nabove set forth. Should any such condition, or any part
thereof, be declared fnvalid or unenforceable by tha final judgment of any court of competent
Jurisdiction, then this Resolution, and any aoprovals herein contained, shall be deemed nuil and void.
~ PC96-28
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THE FOREGOING RESOLUTION w2s adopted at the Planning C~mmission mseting flf
March 4, 1996. ,
AN ANA EIM CITY PLAN~ G COM~AIS
CHA
ATTEST: ,
SECRETARY, A AHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNIA }
COUNTY OF ORANGE ) ss. -
C{TY OF ANAHEIi~A )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, ~o hereby
that the foregoin9 r~solution was passed and adopted at a meeting of the Anahei~n Cit~l
certify the following vote of the members 4nareof:
Planning Co~nmission held on March 4, 1996, bY
AYES: COMMISSIONERS: BO NE ICK BOYDSTUN, EiRISTOL, HEN~IINGER, MAYER, MESSE, PERPZA
NOES: COMMISSIONERS: NO
ABSENT: COMMISSIONERS: NONE ~ ~~ ` Q
~ da of
IN WITNESS WHEREOF, I haye hereunto set my hand this y
1996.
SECRETARY, ANAHEIM CITY PI.ANNING CAMMISSION
'i~
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PC96•-28
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