Resolution-PC 98-14RESOLUTION NO. PC98-14
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIPJ CONDITiONS OF APPROVAL OF
RESOLUTION NO. PC97-69 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 1816
WHEREAS, on April 10, 1978, tne Planning Commission adopted Resolution No. PC78-
69 to approve Condi:ionai Use Permit No. 1816, in part, and permit a contractors storage yard at 1381
North Milier Street (waivers of minimum number of parking spaces and minimum site screening for an
outdoor storage area were denied); and that Condition No. 3 of said resolution specifies:
"3. That subject property shall be developed substantially in accordance with plans and
specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however,
khat the minimum mamber of parking spaces and the minimum site screening shall be
provided in accordance with City of Anaheim Code requirements:'
WHEREAS, the prope~ty is developed with a contractor's storage yard in Development
Area 1(Industrial Area) of the Northeast Area Specific Plan (SP94-1).
WHEREAS, the petitioner has submitted plans to expand th2 existing contractor's
storage yard by constructing a 5,000 sq. ft. metal storage building;
WHEREAS, said revised plans necessitate amending or deleting certain conditions of
approval under authority oi Code Section 18.110.OSO.n50.0515 to expand the existing aonlractor's
storage yard and to obtain the following waivers:
(a) Sections 18.06.030 -
and 18.110.050.110
(b) Sections 18.06.050.031 -
18.06.050.033
and 18.110.050.110
ReQUired imorovement of
oarkinp areas.
(Fullv paved surtace required; crushed rock proposed)
Minimum number of oarkinq spaces.
(22 required; 16 spaces proposed and approved by the City
Traffic and Transpo~lation Manager)
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City o( Anaheim on January 21, 1998, 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
18.03, to hear and consider evidence for and against said proposed amendment and to invesligate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its beh~lf, and after due consideration of aIl evidence and reporls offered at said hearing, does
find and determine the following facts:
1. That waiver (a) is hereby approved on the basis that there are special circumstances
applicable to the property consisting of its localion arid surroundings, which do not apply to other
identically zoned prope~iies in the vicinity;
CR3168PL.DOC -1- PC98-14
2. That strict application of the Zoning Code deprives the pr~perty of privileges enjoyed by
other properties under identical zoning ciassification in the vicinity because the proposal is adjacent to
other industrially developed properties which have outdoor storage but do not work with heavy equipment
that would damage paving; and that stricl compliance with the Zoning Codo would create an undue
burden on this prope~ty because the paving would have to be repiaced often; and that the intent of the
Code requirement is to minimize dust and that objactive will be accomplished with the existing
landscaping screen alonc~ the south property Iine and the paving around the crushed reck area;
3. That approval of the parking waiver (b) is based on the parking letier submitted by the
petitioner and concurred with by the City Traffic and Transpurtation Manager; and that since the total
niamber of parking spaces is less than 30, an Administrative Adjustment could have been processed for a
minor deviation from Code, without a public hearing, if this use were not being expanded and thereby
necessitating amendinc~ the previousiy approved conditional use permit;
4. That waiver (b), 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 ali
vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of
such use;
5. That waiver (b), 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;
6. That waiver (b), under ihe conditions imposed, will not increase the demand and
competition for parking spaces ~pon adjacent private properfy in the immediate vicinity of the proposed
~se (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of this Code);
7. That waiver (b), under the conditions imposed, will not increase traffic congestion within
the off-street parki~g areas or lots provided for such use;
8. Thet waiver (b), 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;
9. That. the use, as amended, is properly one for which a conditional use permit is authorized
by the Zoning Code;
10. That the use, as amended, will not adversely aff2ct the adjoining land uses and the growth
and development of the area in which it is located;
11. That the size and shape of the site for the use, as amended, is adequate to allow ihe full
development of the proposed use in a manner not detrimental to the particular area n~r to the peace,
health, safety, and generai welfare;
12. That the traffic generated by the use, as amended, .~ill not impose an undue burden upon
the streets and highways designed and improved to carry the traf~c i~; the area;
13. Ttat amending this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general weifare of the citizens uf the City of Anaheim; and
CR3168PL.DOC -2- PC98-14
14. 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 QUALiTf ACT FINDING: That the P,n~hP~n~ Ciiy
Planning Commission has reviewed the proposal and does hereby find that the Negative Ue~:'arnt~on
previously approved in connection with Conditional t.!se Permit No. 1816 is adequate to serva as ili2
required environmental documentation in connection with this request aipon finding that the decl~ratit„i
reflects the independent judgment of the Iead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and fuRher
finding on the basis of the initial study and ary comments received that ihere is no substantiai evidence
that the project wili have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC78-S9, adopted in connection with Conditionai Use Permit No.
1816, as follows:
(1) Permit expansion of the exist,ng contractor's storage yard under authority of Code Section
18.110.050.050.0515 2nd approve waivers of the following:
(a) Sections 18.06.030 -
and 18.110.050.110
Required imqrovement of
~arkinq areas.
(Fullv paved surface required; crushed
rock proposed)
(b) Sections 18.06.050.031 -
18.06.050.033
and 18.110.050.110
(2) Amend Condition No. 3 to read:
Minimum number of oarkina spaces.
(22 required; 16 spaces proposed and approved by the
City Traffic and Transportalion Manager)
3. That subject properly shall he developed substantially in accordance with plans and
specifications on file with the City of Anaheim and marked Revision No. 1 of Exhibit No.
1, and Exhibit No. 2, and as conditioned herein.
(3) Add the following new conditions:
5. That prior to issuance of ~uilding permits for the storage building, landscaping ptans
shall be submitted to the Zoning Division for review and approvai, showing compliance
with Code requirements and including the following:
(a) At least eight (8), minimum fifteen (15) gallon sized, trees;
(b) A min(mum three (3) foot high shrub screen within the eleven i11) foot setback
along Miller Streeh
(c) At least four (4) trees in the remaining required setback area; and
(d) At least two (2) trees in the remaining parking and accessways on the oroperty.
CR3168PL.DOC -3- PC98-14
6. Th2t gates shail not be installed across any drivew: ~~s in a manner which may adversely
affect vehicular traffic in Miller Street. )nstallakior~ of any gatas shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval of the
City Traffic and TranspoRation Manager prior to installation.
7. Tha; prior to issuance of building permits for the storage building, plans shall be submitted
to the City Traffic and Transportation Manager for review and approval showing
conformance with the most current versions of Engineering Standard Plan Nos. 436 and
602 pertaining to parking standards and driveway locations. The property shall thereupon
be developed and ma~~itained in conformance with said plans.
8. That no required parking area shall be fenced or otherwise enclosed for outdoor storage
uses.
9. That prior to final building and zoning inspections and if any combustibles are stored at
this facility, the numeric street address of the business shall be painted on the roof of the
building in two (2) foot wide by four (4) foot high letters in contrasting colors and in a
manner not ~~isible from the street.
10. That the metal structure shall comply with Council Policy No. 524 "Metal Buildings"; and
that said requirements shall be specifically shown on pians submitted for building permits.
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THE FOREGOING F2ESOLUTION ~ as ad oted at the P~ qing Commission meeting of ,
January 2 ~, 1998. ~/ ; J/
ANAHEIM CIlIY PLANNING COMMISSION
ATT'EST:
Cc11t.~Cl~ (~~-Ofu(r~
SECRE ARY, AHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
CCIUNTY OF ORANGE ) ss.
Cil'~' OF ANAHEIM )
I, Margarita Solorio, 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 January 21, 1998, by the following vote of ihe members thereof:
AYES: COMMISSI~NEP.S: Bc~YDSTUN, 13RISTOL, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICf:, i1ENNING~R, MAYER
IN 1NITNESS ~VHEREOF, I have hereunto set my hand this ~~~ day of
, 1998.
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SEC ETARY N.AHEIM CITY PLANNING COMMISSION
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