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99-101RESOLUTION NO. 99R-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4108. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code to permit a self-storage facility with a building height in excess of 35 feet (40 feet high proposed} upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: ALL THAT PORTION OF PARCELS 2 AND 3 OF PARCEL MAP N0. 87-416, RECORDED IN BOOK 242, PAGES 1 THROUGH 4 INCLUSIVE OF PARCEL MAPS, LYING WITHIN PARCEL 3 OF THAT CERTAIN LOT LINE ADJUSTMENT NO. 297, RECORDED MAY 16, 1994 AS INSTRUMENT NO. 94-0335958 OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, CALIFORNIA; 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. PC99-57 granting Conditional Use Permit No. 4108; 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 consideration 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.03.040 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 4108 be, and the same is hereby, granted permitting a self-storage facility with a building height in excess of 35 feet (40 feet high proposed) on the hereinabove -2- described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.05.091.010 - 18.05.091.011 18.05.091.014 18.42.067 and 18.84.062.040 Permitted commercial identification sign. (36-inch high, 26 sq.ft., single- faced monument sign permitted; 81-inch high, 90 sq.ft., double- faced monument sign proposed) Sections 18.44.062.011 and 18.84.062 Sections 18.44.063.040 and 18.84.062 Sections 18.44.068 and 18.84.062 Maximum structural height adjacent to a residential zone. (20-foot height permitted 40 feet from single-family residential zone boundary; 40-foot height proposed 40 feet from RS-A-43,000(SC)zoning) Minimum landscaped setback adjacent to a residential zone. (14 feet required for a 4-level building; 5 to 12 feet proposed adjacent to RS-A-43,000(SC) zoning) Required site screenin~ adjacent to a residential zone. (6-foot high masonry wall required adjacent to residential zoning; none proposed adjacent to RS-A-43,000(SC) zoning) subject to the following conditions: That the legal owner of subject property shall dedicate and improve a ten (10) foot wide riding and hiking trail easement as shown on the Trails Element map of the Anaheim General Plan and as approved by the Parks, Recreation and Community Services Department. Development shall be in accordance with City Standard No. 603. In addition, a bond shall be posted in an amount and form satisfactory to the City of Anaheim to guarantee performance of the legal owner/developer's obligations herein described. Evidence of the required bond shall be submitted to and approved by the City Attorney's Office. That trash storage areas shall be provided and maintained -3- 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 storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets, highways or freeways. 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 information shall be specifically shown on the plans submitted for building permits. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted Streets and Sanitation Division for review and approval. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. That plans shall be submitted to and approved by the City Traffic and Transportation Manager specifying how the vehicular security gates and vehicle turn-around area will function. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. 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. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 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. That no outdoor storage, including the storage of automobiles, boats, motor homes, etc. shall be permitted in connection with this self-storage facility; and that the -4- 10. 11. 12. 13. 14. 15. 16. 17. 18. required parking area shall not be fenced. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standard No. 137 pertaining to sight distance visibility for the sign or wall/fence location. That the legal property owner shall dedicate to the City of Anaheim an easement, varying in width, at a location to be determined as electrical design is completed for public utility purposes. That any required relocation of City electrical facilities shall be at the developer's expense. That this property shall be served with underground utilities in accordance with the electrical rates, rules and regulations (most current fees apply) and the City of Anaheim Underground Policy. That sewer and storm drain improvements within this property shall be privately maintained. That prior to approval of a grading plan, a drainage report shall be submitted to the Development Services Division, Public Works Department, for review and approval. The report shall address the drainage for this site. That the locations for future utility devices including, but not limited to, electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Those plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of enclosure walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. That any large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or behind the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on the plans submitted and approved by Water Engineering and the Cross Connection Inspector prior to submittal for building permits. That this project has landscaping areas exceeding two -5- 19. 20. 21. 22. 23. 24. 25. 26. 27. thousand five hundred (2,500) square feet and, therefore, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. That the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering review and approval to determine the conditions necessary for providing water service to the project. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width from the center line of the water service mains for operation and maintenance purposes and/or an easement for large meters or fire lines installation. That a landscaping and irrigation plan for subject property, complying with the Savi Ranch Master Landscape Plan on file with the Parks, Recreation and Community Services Department, shall be submitted to the Zoning Division for Planning Commission review and approval as a "Reports and Recommendations" item. Any decision made by the Planning Commission regarding said plan may be appealed to the City Council. That no roof-mounted equipment shall be permitted. That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. That no roof-mounted balloons or other inflatable devices shall be permitted. That no public telephones shall be located outside any building. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the Finance Department. 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 through 10, and as conditioned herein. -6- 28. 29. 30. 31. 32. That 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. 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 16, 17, 19, 20, 21 and 31, herein-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. That prior to final building and zoning inspections, Condition Nos. 8, 13, 18 and 27, above mentioned, shall be complied with. 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. That the developer shall submit a final plan to the Zoning Division for review and approval by the Planning Commission as a "Reports and Recommendations" item, showing that the roll-up doors for the individual storage units will be painted to match the exterior building color (in earth or neutral tones). That with the exception of one (1) grand opening event (not to exceed thirty six (36) days), no display of banners or other temporary advertising shall be permitted and no other special events as defined in Code Section 18.01.200 of the Anaheim Municipal Code shall be permitted on this site. 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 hereln contained, shall be deemed null and void. -7- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of May, 1999. MAy/R(~O~F~HEiM CITY CLERK OF THE CITY OF ANAHEIM 31018.1 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-101 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of May, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken NOES: MAYOR/COUNCIL MEMBERS: Daly ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 99R-101 on the 18th day of May, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of May, 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-101 was duly passed and adopted by the City Council of the City of Anaheim on May 18th, 1999. CITY CLERK OF THE CITY OF ANAHEIM