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99-056RESOLUTION NO. 99R-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0. 4010, AND AMENDING RESOLUTION NO 98R-183 NUNC PRO TUNC. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a 78,670 sq.ft. 1-story self-storage facility, including a 750 sq.ft. office, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: As set forth on Attachment A, attached hereto and incorporated herein by this reference; and WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03;of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC98-78 granting, in part, Conditional Use Permit No. 4010; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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. 5. The granting of the 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4010 be, and the same is hereby, granted permitting a 78,670 sq.ft. 1-story self-storage facility, including a 750 sq.ft, office, on the hereinabove described real property, subject to the following conditions: f 1. That this approval shall expire twenty (20) years from the date of this resolution. Any extensions of time to reinstate this use shall be subject to Anaheim Municipal Code Section 18.03.093. 2. That all storage activities shall be wholly inside the buildings. At no time shall there be any outdoor storage of material or vehicles, including boats, trailers or recreational- type vehicles, except for the loading and unloading of items being stored. 3. That the petitioner shall submit the following information to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item; said plans to show, where applicable, compatibility with the Urban Design components of the Stadium Area Master Land Use Plan: Final landscaping plans Lighting plans Sign plans Building wall plans Storage unit paint colors Fencing and gate plans 2 9. (a) That plans shall be submitted to the Zoning Division showing that the masonry block wall facing State College Boulevard shall be continued westerly along the south property line to the first storage unit and along the north property line a distance of approximately two hundred seventy eight (278) feet as shown on Revision No. 1 of Exhibit No. 1. (b) That landscaping plans showing a minimum of five (5), ten by ten (10 x 10) foot, landscaped tree wells along the outside of the wall along the north property line shall be submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. (c) That the petitioner shall apply for and obtain an administrative adjustment or variance to permit construction of an eight (8) foot high masonry block wall in required front setback(s). If the administrative adjustment (variance) is denied, the block wall shall be set back a minimum distance of fifty (50) feet from the ultimate right-of-way along Cerritos Avenue, in accordance with the Zoning Code requirement. (d) That clinging vines shall be planted on maximum three (3) foot centers along the exterior of all fences and walls which are visible to the public rights-of-way (State College Boulevard and Cerritos Avenue). f 5. That the landscaping plans shall specify a ~~layered" and beamed landscaped setback adjacent to State College Boulevard and Cerritos Avenue, including one (1), minimum fifteen (15) gallon sized, tree for every twenty (20) linear feet of street frontage and minimum one (1) gallon sized vines planted on maximum (3) foot centers adjacent to the street side of all block walls. Landscaping consisting of grass and/or groundcover shall be planted in the twelve (12) foot wide Critical Intersection right-of-way adjacent to Cerritos Avenue and State College Boulevard until development of the ultimate right-of-way commences. The landscaping plans shall also identify landscaping to be installed in the ten (10) foot wide landscaped setback after Critical Intersection improvements, in conformance with Zoning Code requirements. 6. That minimum one (1) gallon sized vines on maximum three (3) foot centers shall be planted, irrigated and maintained adjacent to the south side of the chainlinkā€¢fence along the south -- property line. This information shall be specifically shown on plans submitted for building permits. 7. That the owner of this property shall be responsible 3 for the removal of any on-site graffiti within twenty-four (24) hours of its application. 8. That any roof-mounted equipment shall be screened in accordance with Anaheim Municipal Code Section 18.61.030.100 (roof-mounted mechanical/utility equipment). Said information shall be specifically shown on the plans submitted for building permits. 9. That prior to the commencing operation of this business, a valid business license shall be obtained from the Business License Division of the Anaheim Finance Department. 10. That the hours of operations shall be limited to 7 a.m. to 8 p.m. (7) seven days a week, with maximum of three (3) employees (including two [2J managers), as stipulated to by the petition. 11. That the entry gate and/or any fencing proposed in the front setbacks along State College Boulevard and Cerritos Avenue shall be a wrought iron type materials. This information, including the color of the wrought iron, shall be shown on plans submitted to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item. Said information shall also be specifically shown on plans ~ submitted for building permits. 12. That no required parking area shall be fenced or otherwise enclosed for storage or any other outdoor use. 13. That trash storage area(s) shall be provided and maintained in location (s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. 14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 15. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 4 16. That gates shall not be installed across any driveway or street in a manner which may adversely affect vehicular traffic in State College Boulevard or Cerritos Avenue. _ Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 17. That 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. Subject property shall thereupon be developed and maintained in conformance with said plans. 18. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. 19. That lighting fixtures shall be down-lighted in such a manner that the fixtures illuminate only the this site. This information shall be specifically shown on plans submitted for building permits. 20. That street improvement plans shall be submitted to~the Public Works Department, Development Services Division; and a bond shall be posted to ensure that State College Boulevard and Cerritos Avenue are widened in accordance with the Circulation Element of the Anaheim General Plan and as approved by the City Engineer. The street improvements shall be constructed prior to the commencement of the business activity herein approved. 21. That prior to grading plan approval, the developer shall conduct a drainage study to determine this development's impact on the existing drainage system. 22. Deleted. 23. That if a fire line is required by the Anaheim Fire Department, water back flow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from the public streets. 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 5 Planning Department labeled Revision No. 2 of Exhibit No. 1, and Exhibit Nos. 2, 3 and 4, and as conditioned herein. 25. That prior to the issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 9, 5, 6, 8, 11, 13, 14, 15, 16, 17, 19 and 20, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 26. That prior to final building and zoning inspections, Condition Nos. 18, 23, 24 and 27, herein mentioned, shall be complied with. 27. That prior to occupancy, the owner of this property shall request the Zoning Division for an inspection of the property to verify that all storage units are adequately screened from the public streets (State College Boulevard and Cerritos Avenue) with appropriate landscaping and/or fences. If the inspection determines this condition has not been complied with, then additional screening shall be provided to the satisfaction of the Planning Department. 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. 29. That prior to approval of a grading plan for this property or prior to any grading of the property, whichever occurs first, line-of-sight plan(s) shall be submitted to the Zoning Division for review and approval showing that none of the storage units (when placed on footings) will be visible over the eight (8) foot high block wall screening said units from Cerritos Avenue and State College Boulevard. 30. That the property owner shall record a document, in a form and content satisfactory to the City of Anaheim, agreeing that when the Critical Intersection improvements at the intersection of Cerritos Avenue and State College Boulevard are constructed, that the property owner shall, at its sole expense, be responsible for relocating the eight (8) foot high block wall and landscaping along Cerritos Avenue out of the ultimate right- of-way. The block wall shall be setback a minimum of ten (10) 6 feet from the ultimate right-of-way along the Critical Intersection. New landscaping and irrigation facilities shall be installed in said ten (10) foot setback. 31. That if the Southern California Edison Company determines to underground the overhead 20kv lines and other electrical lines on this property, this conditional use permit shall terminate and all on-site improvements associated with this conditional use permit shall be removed from the property on the date of the commencement of said undergrounding and overhead line removal 32. That the storage units/containers shall be regularly maintained to prevent deterioration, and that said maintenance may include repainting or otherwise refurbishing the units. BE IT FURTHER RESOLVED that the City Council 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 conditions, 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 FURTHER RESOLVED that this resolution hereby amends Resolution No. 98R-183 in its entirety as set forth herein, nunc pro tunc. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 3rd day of March 1999 . ~~ MAYOR OF THE CITY O ANAHEIM ATTEST: CITY CLERK OF THE ITY OF ANAHEIM 27926.2 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-56 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 23rd day of March, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-56 on the 23rd day of March, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 23rd day of March, 1999. ~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-56 was duly passed and adopted by the City Council of the City of Anaheim on March 23rd, 1999. CITY CLERK OF THE CITY OF ANAHEIM