Resolution-PC 2002-161~
RESOLUTION NO. PC2002-161
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04615 BE DENIED
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:
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.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 21, 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 du_e consideration of all evidence and reports offered at said hearing,
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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 18.61.050.501 to permit and retain an existing building materials
storage yard in conjunction with a tile/flooring business, and with waiver of the following:
Sections 18.04.049.050.053 - Required landscape screenin4 of outdoor stora4e areas.
and 18.61.068 (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 screenin4 trees existing and proposed)
2. That the waiver, required landscape screening of outdoor storage areas, is hereby denied
on the basis that there are no special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned properties in the
vicinity because the property is regularly-shaped and no hardship could be identified to support the
requested waiver; that strict application of the Zoning Code does not deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity; and that approval would
set a precedence which could encourage other tile businesses in the immediate area to request similar
outdoor storage yards instead of constructing permanent buildings to store their retail products.
3. That the proposed outdoor storage of granite slabs is hereby denied because said
storage yard at the southwest corner of Winston Road and State College Boulevard is visible to the public
traveling on State College Boulevard (a major arterial highway) and would detract from the character of
'Tile Mile' by permitting unsightly outdoor storage; and that approval would grant a privilege not enjoyed
by other properties under identical zoning classification in the vicinity.
4. That the proposed use would adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located.
CR5490DM -1- PC2002-161
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5. That the size and shape of the site proposed for the use is not adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare of the Citizens of the City of Anaheim because the orientation of the
underlying lot and existing building prevents siting an outdoor storage yard behind the existing industrial
building in order to properly screen the outdoor use from State College Boulevard.
6. That granting this conditional use permit would be detrimental to the peace, health, safety
and general welfare of the Citizens of the City of Anaheim because approval would encourage outdoor
storage yards rather than the construction of warehouse buildings to contain such storage activities.
7. That the traffic generated by the proposed use would impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
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: The Planning Director or his
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental 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 deny subject Petition for Conditional Use Permit, on the basis of the aforementioned
findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 21, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~.~C~ivm- ~~i1-r~~rL-~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
!, 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 October 21, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this ~J ~ day of
~re ~ , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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