Resolution-PC 2002-148~ •
RESOLUTION NO. PC2002-148
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
TFiAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04602 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:
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE
RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP RECORDED IN BOOK
51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF SAID
SECTION 23 WITH A LINE THAT IS PARALLEL WITH AND DISTANT EASTERLY
520 FEET, MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID
NORTHEAST QUARTER OF SECTION 23; THENCE EASTERLY ALONG SAID
NORTH LINE, 225.00 FEET TO A POINT IN A LINE PARALLEL WITH AND
DISTANT 745.00 FEET EASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID
WEST LINE OF THE NORTHEAST QUARTER; THENCE SOUTHERLY ALONG
LAST PARALLEL LINE, 203.00 FEET; THENCE WESTERLY PARALLEL WITH SAID
NOk~TH L~NE, 225.00 FEET TO T-k-4€ FIRST ABOVE-MEF~TIONED PAR/~LLEL LIRFE;
THENCE NORTHERLY BY SAID PARALLEL LINE 203 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 23, 2002 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 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 18.61.050.508 to permit an outdoor lumber yard with the following
waivers:
(a) Sections 18.04.043.100.101(a) - Maximum fence height.
18.61.063.010.011 (3-foot hiqh decorative screen-tvpe wall permitted 10-50 feet
and 18.61.064.020 from an arterial highway;
15-foot hiph chain link fence with slats proposed 10 feet from
Ball Road)
(b) Section 18.61.063.010.011
Minimum setback adiacent to an arterial hiahwav.
(50 feet required, either fully landscaped or with 10 feet
adjacent to arterial highways landscaped and the remainder
used for parking and/or vehicle circulation;
10 feet proposed between Ball Road and outdoor lumber
storage)
CR5473DM.doc -1- PC2002-148
. •
2. That waivers (a) and (b), maximum fence height and minimum setback adjacent to an
arterial highway, are hereby approved on the basis that there are special circumstances applicable to the
property consisting of its size, location and surroundings, which do not apply to other identically zoned
properties in the vicinity, because the subject property is small in comparison to surrounding ML (Limited
Industrial) zoned properties fronting on Ball Road in the immediate vicinity and that the proposed 15-foot
high chain link fence will have the same 10-foot setback from Ball Road as the existing 15-foot high chain
link fence on the adjoining property to the east, and that the outdoor lumber yard activities proposed
within the 10-50 foot setback area will match the outdoor activities within the existing 10-50 foot setback
area on the adjoining property to the east.
3. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
4. That the proposed lumber yard will not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed to be located.
5. That the size and shape of the site for the proposed lumber yard is adequate to allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare because the lumber yard will be operated in conjunction with the
abutting retail lumber/home improvement facility (Ganahl Lumber) to the east.
6. That the traffic generated by the proposed outdoor lumber yard will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
7. That gr-an#ing Ehis conditional ~se pe~~it, u~cier ~he condf~ions irrtposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
8. 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 an outdoor lumber yard with waivers of
maximum fence height and minimum setback adjacent to an arterial highway on a rectangularly-shaped
0.77-acre property having a frontage of 225 feet on the south side of Ball Road, a maximum depth of 150
feet, being located 535 feet east of the centerline of Lewis Street, and further described as 1190 East Ball
Road; and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency 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.
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 the Citizens of the City of Anaheim:
That prior to approval of a grading plan or prior to commencement of the activity herein approved,
the developer shall submit a water quality management plan ("WQMP") specifically identifying best
management practices that will be used on-site to control predictable polfutants from storm water
runoff. The WQMP shall be submitted to the Public Works Department, Development Services
Division, for review and approval.
2. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder.
-2- PC2002-148
~
~
3. That because this project has landscaping area exceeding two thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed and in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said
information shall be specifically shown on plans submitted to the Zoning Division for review and
approval.
4. That all requests for new water services or fire lines, as well as modifications, relocations or
abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
5. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or
fire line.
6. That onfy the storage of lumber shall be permitted on subject property; and that the property shall
not be used as a contractor's storage and/or equipment rental yard.
7. That the legal owner shall provide the City of Anaheim with a public utility easement to be
determined as electrical design is completed, as required by the Public Utilities Department. Said
easement shall be submitted to the City of Anaheim prior to connection of electrical service.
8. That a~y F@quired reloca~ion of Gity e4ectrieal #acili~ies shal4 be at ~he developer's experrse; and that
landscape and/or hardscape screening of all pad-mounted equipment shall be provided.
9. That the fifteen (15) foot high slatted chain link fence abutting Ball Road shall have a dark plastic
coating/finish in order to reduce the brightness of the metal materials. Further, a matching color
scrim mesh shall be installed on the interior (inside) of the slatted chain link fence to provide
additional screening from Ball Road. Said information shall be specifically shown on plans submitted
for Zoning Division approval.
10. That a landscape and irrigation plan for subject property shall be submitted to the Zoning Division for
review and approval. The landscape plan shall specify minimum thirty six (36) inch box sized Ficus
trees and twenty four (24) inch box sized Lombard Poplar trees in the ten (10) foot setback between
Ball Road and the fifteen (15) foot high s4atted chain link fence. Any decision made by the Zoning
Division regarding said plan may be appealed to the Planning Commission and/or City Council.
11. That this conditional use permit shall operate only in conjunction with the existing lumber yard/home
improvement store (Ganahl Lumber) located directly to the east at 1220 East Ball Road.
12. That the property shali be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
13. 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.
14. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public right-of-way adjacent to Ball Road. The
size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division.
15. That signage for subject facility shall be limited to that shown on the exhibits submitted by the
petitioner and approved by the Planning Commission. Any additional signs shall be subject to
review and approval by the Planning Commission as a"Reports and Recommendations" item.
-3- PC2002-148
~
~
16. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
17. That the existing driveway on Ball Road shall be removed and replaced with standard curb, gutter,
sidewalk and landscaping. Said information shall be specifically shown on plans submitted for
Public Works Department, Development Services Division, approval.
18. 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 and 2, and as conditioned herein.
19. That prior to commencement of activity herein approved or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 7, 8, 9, 10, 14, 17 and 18,
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.
20. 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 hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance
with eack~ and alE of the-eonditio~s her-ei~rabove set forth. Shoald any such condition, or any part ther~of,
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 was adopted at the Planning Commission meeting of
September 23, 2002.
C RSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
_~ C -~ _ - _ ~y~Al!/~4 %
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on September 23, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONER: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this ~?~ day of
~~a e , 2002.
SECRETARY, ANAHE M CITY PLANNING COMMISSION
-4- PC2002-148