Resolution-PC 2000-136•
RESOLUTION NO. PC2000-136
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04283 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THE NORTH 55 FEET OF THE SOUTH 250 FEET OF THE EAST 195 FEET OF THE
SOUTHEAST QUARTER OF THE'SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 22, TOWNSHIP 4, S~OUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, EXCEPTING
FROM SAID PARCEL 1 THAT PORTION THEREOF INCLUDED WITHIN HARBOR
BOULEVARD.
ALSO EXCEPTING THEREFROM THAT PORTION GRANTED TO THE CITY OF ANAHEIM IN
THE GRANT DEED RECORDED OCTOBER 15, 1998 AS INSTRUMENT 98-0898802.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 4, 2000 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 Commiss~ion, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section Sections 18.78.100.050 and 18.48.070.050.0511 to permit modification
of an existing legal nonconforming retail building, including demolition of 252 square feet of the existing
building and construction of a new 252-square foot walk-in cooler and a new trash enclosure, with waiver
of the following: ,
Section 18.78.100.080 - Minimum interior structural setback and vard requirements from adiacent
interior lots.
(Minimum 10-foot wide interior setbacks required;
0 to 8 feet proposed adjacent to the north lot line, 0 to 5 feet proposed
adjacent to the west lot line, and 0 feet proposed adjacent to the south
lot line)
2. That the existing setbacks ~djacent.to the interior lot lines are nonconforming and consist
of the following: 0 to 8 feet befinreen the bu!ilding and the north lot line; 5 feet between the building and
the west lot line; and 0 feet between the b~ilding and the south lot line.
3. That the proposed setbacks adjacent to the interior lot lines consist of the following: 0 to
8 feet between the building and the north lot line; 5 feet between the building and the west lot line, and 0
feet between the new trash enclosure and the west lot line; and 0 feet between the building and the
south lot line, and 0 feet between the new trash enclosure and the south lot line.
4. That the waiver is hereby approved on the basis that there are special circumstances
applicable to the property consisting of its size and shape which do not apply to other identically-zoned
properties in the vicinity because the subject property is the smallest and narrowest property in The
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Disneyland Resort Specific Plan and the existing building footprint covers the majority of the project site;
that the new cooler area will be the same size and have the same setback (none adjacent to the north
property line) as the portion of the building which is proposed to be demolished; and that it is infeasible to
provide a trash truck "turn-around" area on the project site resulting in the need to locate the trash
enclosure at the southwest corner of the property where it can be accessed from the driveway easement
on the adjacent property to the south (7-11 Store).
5. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties in the immediate vicinity and under the identical zone classification because
the adjacent properties to the north, west and south of subject property, which are also located in The
Disneyland Resort Specific Plan - C-R Overlay, are developed with buildings which do not have any
setback areas adjacent to interior lot lines.
6. That 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.
7. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner n~t detrimental to the particular area nor to the peace, health,
safety and general welfare.
8. 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.
9. 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.
10. 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: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Enviranmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE It RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of ~he Citizens of the City of Anaheim:
That prior to final building and zoning inspections, all ~oof-mounted equipment shall be painted to
match the roof and shall be screened so that such equipment shall not be visible when viewed at
any point measured six (6) feet above the grades of adjacent public rights-of-way or private
properties in accordance with the approved plans on file with the Planning Department marked
Exhibit No. 1. Such information shall be specifically shown on the plans submitted for building
permits.
2. That prior to final building and zoning inspections or within thirty (30) days from the issuance of a
building permit, whichever occurs first, an on-site trash enclosure shall be provided (and
permanently maintained thereafter) in a location acceptable to the Public Works Department and in
accordance with approved plans on file with the Planning Department marked Exhibit No. 1. Said
trash enclosure shall be constructed uvith a roof and shall be sprinkled.
3. That prior to the issuance of a building permit, a plan for solid waste storage and collection and a
plan for recycling shall be submitted to the Public Works Department for review and approval.
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4. That ongoing during business operat~on, the property owner/business operator shall ensure that the
facility's trash bins are at all times stored inside the on-site trash enclosure and that the doors to the
trash enclosure are kept closed and in good repair.
5. That prior to final building and zoning inspections, the exterior walls of the trash enclosure shall be
planted with clinging vines and properly irrigated to provide complete coverage of the enclosure
walls within two (2) years from the date of planting. The planter area shall be one (1) foot wide (dirt
area) with a six inch (6") high by six inch (6") wide concrete curb. Such information shall be
specifically shown on the plans submitted for building permits. The planter area landscaping and
irrigation shall thereafter be maintained by the property owneNdeveloper in compliance with city
standards.
6. (a) That prior to final building and zoning inspections, the fence along the west property line shall
be repaired and permanently maintained thereafter in good condition; and
(b) That prior to final building and zoning inspections, the south side of the building facing Katella
Avenue shall be painted to mat~ch the east side of the building facing Harbor Boulevard; and
(c) That prior to final building and zoning inspections, an opaque wrought-iron sliding gate shall
be provided along the south property line between the building and the trash enclosure to
completely screen the outdoor storage area from public view; and
(d) That the above information shall be specifically shown on the plans submitted for building
permits.
7. That prior to issuance of a building permit or within thirty (30) days from the date of this resolution,
whichever occurs first, the freestanding trailer located behind the building shall be removed from
the premises. The outdoor service court shall not be used for the storage of materials and/or
equipment except for temporary loading and unloading purposes.
That prior to issuance of a building permit, the property owneNdeveloper shall submit electrical load
calculations to the Public Utilities Department, Electrical Engineering Division, for review. Should
an electrical service upgrade be required, the property shall be served with underground utilities in
accordance with the Electrical Rates, Rules and Regulations and the City of Anaheim Underground
Policy.
9. That prior to final building and zoning inspections, the property owner/developer shall demonstrate
to the satisfaction of the Anaheim Police Department that interior night lights shall sufficiently light
the interior of the premises during the night-time after regular business hours. Ongoing during
business operation, the interior night lights shall be utilized after dark when the business is closed,
as required by the Anaheim Police Department.
9. That subject pro,perty shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit No. 1, and as conditioned herein.
10. 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 of 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 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 condition, 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 4, 2000. _
HAIRPERSON, ANq~4EIM CITY PLANNING COMMISSION
ATTEST:
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SECRETA Y, AN EIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed arad adopted at a meeting of the Anaheim City Planning
Commission held on December 4, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ARNOLD
IN WITN SS WHEREOF, I have hereunto set my hand this ~~ day of
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SEC TARY, NAHEIM CITY PLANNING COMMISSION
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