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2003-004RESOLUTION NO. 200310_4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002-04615. 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 an existing building materials storage yard in conjunction with a tile/flooring business upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 96-173, AS SHOWN ON A MAP FILED IN BOOK 296, PAGES 29 AND 30 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF 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. PC2002-161 denying Conditional Use Permit No. 2002-04615; 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, the action of the City Planning Commission denying said conditional use permit be, and the same is hereby, reversed and that Conditional Use Permit No. 2002-04615 be, and the same is hereby, granted permitting an existing building materials storage yard in conjunction with a tile/flooring business on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.04.049.050.053 and 18.61.068 Required landscape screening of outdoor storage areas. (22 trees required along the chain link fence with privacy slats to further screen the outdoor storage area from State College Boulevard and Winston Road; 5 screening trees existing and proposed) subject to the following conditions: 1. 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. 2. 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. 3. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 4. That trash storage areas shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division to comply with approved plans on file with said Department. 5. That the applicant shall submit a water quality management plan (WQMP) specifically identifying best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 6. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 7. That any required relocation of City electrical facilities shall be at the developer's expense. That landscape and/or hardscape screening of all pad mounted equipment shall be required. 8. That within a period of sixty (60) days from the date of approval of this resolution, a final landscape plan shall be submitted to the Zoning Division for review and approval showing the following: a: The continued maintenance of a solid Podocarpus hedge along the northerly storage enclosure fence facing Winston Road. Said hedge shall be maintained at a height at least as high as the adjacent fence. bo The planting of minimum 5-gallon size Podocarpus plants on maximum two (2) foot centers in a minimum three (3) foot wide planter along the easterly storage -3- enclosure fence facing State College Boulevard, and wrapping around the southerly facing fence approximately thirty (30) feet. Said plants shall be required as a solid hedge which shall be maintained at a height at least as high as the adjacent fence. The existing Jacaranda trees along the easterly facing fence shall also be maintained. Co The planting of a minimum 29 trees, minimum 24-inch box size, in the front setback areas adjacent to Winston Road. The planting of a minimum 9 trees, minimum 24-inch box size, in the front setback area adjacent to Winston Road. Any decision by the Zoning Division regarding said plan may be appealed to the Planning Commission for review and approval as a "Reports and Recommendations" item. Said plan shall be implemented within ninety (90) days of plan approval. 9. That the outdoor storage area shall be limited to building materials consisting of tile, stone and marble products which shall be stored in the designated area as shown on Exhibit No. 1. No storage shall occur above the fence. No other materials or equipment shall be stored outside. 10. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 11. That no barbed wire visible off-site shall be permitted. 12. That the chain link gates shall be kept in good condition and kept closed to screen all outdoor storage from State College Boulevard. 13. That PVC (polyvinyl chloride) slats shall be interwoven into the chain link gates and fencing and scrim (dark color) shall be attached to the interior side of the chain link gates; and that the gates, PVC slats and scrim material shall be maintained in good condition at all times. Said information shall be specifically shown on plans submitted for Zoning Division approval. 14. That if any additional signage (other than the existing wall sign) is proposed on subject property, said signage shall be subject to review and approval by the Zoning Division. Any decision by the Zoning Division may be appealed to the Planning Commission for review and approval as a "Reports and Recommendations" item. 15. That truck loading/unloading in the storage yard shall only occur behind the fencing. 16. 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 -4- the Planning Department marked Exhibit Nos. 1 through 4, and as conditioned herein. 17. That within 60 days from the date of this approval, Condition Nos. 2, 4, 5, 6, 7, 8 13, and 16 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. 18. 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of January, 2~ _ ~A MAYOR~OF THE~C Y~OF ANAHEIM ATTEST: CITY CLERK O1J THE CITY OF ANAHEIM 47954.1 -5- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-4 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of January, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ITY CLERK OF THE CITY OF ANAHEIM (SEAL)