Resolution-PC 99-106RESOLUTION NO. PC99-106
A RESOLUTION ~F THE ANAhIEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4126 BE GRANTED, IN PART,
FOR TJVENTY (20) YEARS
WHER~AS, the Anaheim City Planning Commission did receive a verified Petitionfor
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, ~iescribed as:
THAT PORTION OF THE tJORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER AND OF THE NOR'fHWEST
QUARTER OF THE SOUTHEAST QUART[R OF SECTION 23, TvWNSFIIP 4
SOUTH, RANGE 10 WEST, S.B.B. & M AS SHOWN ON THE MAP FILED IN
BOOK 2, PAGES 256 AND 257 OF PATE~ITS IN THE OFFICE OF THE
COUNTY FtECORdER OF LOS ANGELES COUNTY, CALIFORNIA, INCLUDED
WITHIN A STRIP OF LAND 270 FEET IN WIDTH, LYING CONTIGUOUS TU
AND NORTHERLY OF THE NORTHERLY LINE OF SOUTHERN PACIFIC
COMPANY'S RIGHT OF WAY (TUSTIN RANCH), AS SAID RIGHT OF WAY IS
DESCRIBED FIRST IN DEED DATED MAY 28, 1889, FROM PACIFIC
IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY,
RECORDED JUNE 27, 1889 IN BOOK 570, PAGE 288 OF DEEDS, IN THE
OFFICE OF THE COUNTY OF LOS ANGELES.
EXCEPTING THEREFROM THAT PORTION OF THE ABOVE DESGRIBED
PARCEL OF LAND LYING NORTHEASTERLY OF THE SOUTHWESTERLY
LINE OF ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY'S RIGHT
OF WAY, 100 FEET WIDE, AS DESCRIE3ED IN ' iEED RECORDED AUGUST
19, 1884 IN BOOK 593, PAGE 109 OF DEEDS, IN THE OFFICE OF THr_
RECORDER OF LOS ANGELES COUNTY.
SAID PROPERTY ALSO BEING DESCRIBED AS PARCEL 5 Or RECORD OF
SURVEY fv1AP FILED IN BOOK 60, PAGES 40-50 OF RECORD OF SURVEYS,
COUNTY OF QRANGE, STATE OF CALIFORNiA.
WHEREAS, the City Planning Commissinn did hold a p.~blic hearing at the Civic Center in
the City of Anaheim on June 7, 1999 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 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 repo~'~s offered at sa~d hearing, does find
and determine the following facts:
1. That the proposed use is properiy one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.501 to permit a building material storage yard with an
accessory mod~lar office building with the following waiver:
Section 18.04.060.040 - Minimum required landscapina for screening of block wails.
(~eleted)
2. That the waiver is hereby denied on the basis that it was deleted following public
notification. .
CR3657PK.DOC -1- PC99-106
3. That the proposed use will not adversely affect the adjoining land uses and tho growth
and developinent of the area in whicY, it is proposed to be located; that other similar uses have been
approved adjacent to and aci.. ~s the street from this property; and that this development includes a front
landscaped setback area much deaper than required by Code and a solid 8-foot high block wall to screen
the outdoor storage from Lewis Street and chain link fencing with slats and clinging ~~ines along the interior
property lines.
4. That the size and shape of the site for the proposed use is 3dequate to allaw full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and gener2i weifare.
5. 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 proposal use will
nat have a high traffic demand since it is a storc~e facility and will have a limited number of employees (5)
and a minimum amount of on-site office use.
6. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a building material s:o~age yard wi!h an
accessory modular office building on a 5.7-acre irregularly-shaped property having a frontage of 280 feet
on the east side of Lc;w1s Street, a maximum depth of 1,010 feet and being located 615 feet south of the
centerline of Cerritos Avenue (1550 - 1600 South Lewis Street); and does hereby approve the Plegative
Declaration upon finding that the declaration reflects the indepsndent judgment of the lead ag~ncy 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.
NUW, THEREFORE, BE IT RESOLVED that the Anaheim Ciry Planning Commission
does hereby grant subject Petition for Conditional Use Permit for lwenty (20) years, upon the follc ,ving
conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject
property in order to prese~ve the safety and general welfare of the Citizens of the City of Anaheim:
1. That subject use permit shall expire twenty (20) years from the date of this resolution, on June 7,
2019.
2. That no retail sales shall be permitted at this property.
3. That no Speciai Event Perm~~s shall be issued for this property.
4. That the type of rtiaterials to be stored on this property shall be limited to granite, marble, stone tile
and other similar and closely related building/decorating materials.
5. That plans showing how the vehicular security gates and vehicle turr~around area will function shall
be submitted to the City Traffic and Transportation Manager for review and approval.
6. That gates shall not be installed across the driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to review and approval by the City Tra~c and
Transportation Manager prior to issuance of a building permit.
CR3657PK.QOC -2- PC99-106
7. That plans sha(I be submitted to the City Traific and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
43~ and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
8. That the driveway on Lewis Street shall be constructed with ten (10) foot radius curb ret~ns as
required by the City Engineer in conformance with Engineering Standard No. 137.
9. That trash storage ar~as shall be provided and maintained in location(s) acceptable to the Pub~ic
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
~Nith ~aid Department. Said storage areas shall be designed, located and screened so as not to b~
read?ly identifiable from 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 inrormation
shall be specifically shown on plans submitted for building ~ermits.
10. That a plan sheet for solid waste storage a~d coliection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval.
11. That an on-site Yrash truck turn-around area shall be provided in accordance with Engineering
Standard Detail No. 610, and maintained to the satisfaction oF the Streets and Sanitation Division.
Said turn-around area shalt be specifically shown on plans submitted for building permits.
12. That slats (in a material approved by the Flanning Department) shall be interwoven into the
minimum seven (/) foot high chain link fencing along the east property line; and that similar slats
shall be interwoven into the minimum seven (7) foot I iigh chain link fencing along the south property
line in the event that the use of the property to the south changes. Said fencing shall be planted
with clinging vines or shrubs wherever visible to the public, including to the railroad right-of-way.
The slatted fencing shall be maintained in good condition at all times.
13. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape rr~aintenance, removal of trash or debris, and removal of graffiti within twenty four (24}
hours from time of occurrence.
14. That the on-site landscaping and irrigation system shall be installed and properly maintained in
compliance wilh City standards.
15. That the front landscaped setback along Lewis Street shall be a minimum of sixty five (65) to one
hundred (100) feet in width as shown on approved exhibits. This setback shall include a minimum
three (3) foot high landscaped earlhen berm or a three (3) foot high hedge. The setback shall be
fully irrigated and shall be planted with a minimum of ten (10) minimum twenty four (24) inch box
sized trees and four (4) minimum fifteen (15) gallon sized trees; provided, however, that the City
Traffic and Transportation Manager may modify this requirement to ensure adequate vehicle and
pedestrian visibility. Said information shall be shown on plans submitted for building permits.
16. 7hat any tree planted on-site shall be repiac~d in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
17. That the location(s) for any future above-ground utility devices including, but not limited to, electrical
transformers, water back Flow devices, gas, communications and cable devices, etc., shall be
shown on pians submitted for building or other permits. Plans shall also identify the specific
screening treatment of each device (i.e. landscape screening, color of walls, materials, identifiers,
access points, etc.) and shall be subject to review and approval by the appropriate city departments.
CR3657PK.DOC -3- PC99-106
18. That, if required by the Urban Forestry Division of the Community Services Departmen., the
property owner shall install street trees within the public right-of-way adjacent to Lewis Street. The
size, type and number of trees shall be provided as required by the Urban Forestry Division.
19. That this proposai sha11 comply with all signing requirements of the ML"Limited Industrief' Zone
unless a variance allowing sign waivers is approved by the Planning Commission or City Council.
20. That any proposed freestanding sign on subject property shall be a monument-type not exceeding
four (4) feet in height (as measured from the grade of the adjacent sidewalk) and six (6) feet in
length. Said sign shall be subject to review and approval by the Planning Department, and by the
City Tra~c and Transportation Manager to determine adequate Iines~of-sight. Any other proposed
signs shall be submitted to the Planning Commission for reviewed and approval as a"Reports and
Recommendation" item.
21. That prior to commencing operation of this business, a val~d business license shall be obtained from
the Busi~ess License Division of the Finance Department.
22. That three (3) foot high address numbers shal! be displayed on the roof of the oNce building in a
contrasting color lo the roof material. The numbers shall not be visible to I_ewis Street.
23. That plans shall be submitted to the Building Division showing that the modular office will be on a
permanent foundation and connected to the appropriate utilities.
24. 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.
25. That in the evenl multiple tenants are proposed to utilize this outdoor storage facility, an operational
plan to guarantee coordinated activities among the tenants shall be submitted to the Zoning Division
for review and approval by the Flanning Commission as a"Reports and Recommendations" item
prior to such tenancy.
26 That prior to commencement of tne activity authorized by this resolution, or prior to issuance of a
building permit, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 5, 6, 7, 9, 10, 11, 15, 17, 20 and 23, above-mentioned, shall be complied with.
Extensions for further tiii~~ to complete said condiiions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
27. That prior to final building and zoning inspections, Condition Nos. 8, 12, 14, 18, ?2 and 24,
above-mentioned, siiall be complied with.
28. 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 City Planning Commission does he~eby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceablo by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOL~JTION was ad~pied at the Planning Commission meeting of
3une 7, 1999.
~~.~ ~~~
HG~' A ERSON PRO-T MPORE'
ANAHEiM CITY PLANNING COMMISSION
ATTEST:
~~'~~.~fu,f~~~'~.lIIGCJ ~~u/IQGf.~
SECRETARY, ANAHEI CITY PLANNING COMMISSION
STATE OF CALIFORfVIA )
COUNTY OF OP.ANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary c: :ne Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passec4 and adopted at a meeting of the Anaheim City Planning
Commission heid on June 7, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSlWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISS(ONERS: BRISTOL, ESPING,
IN WITNESS VVHEREOF, I have hereunto set my hand this ~ day of
~, ~i , 1999. '
U -_ _/1~~~~~r~~ ~~R,ca~
SECRE7ARY, A~lAHElM CITY PLANNING COMMISSION
CR3657PK.DOC -5- PC99-106