Resolution-PC 2003-169• •
RESOLUTION NO. PC2003-169
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04796 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 SOUTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 24, TOWNSHIP 4 SOUTH, 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, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 24; THENCE EASTERLY ALONG THE
NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 298.42 FEET TO A
POINT; THENCE SOUTHERLY, PARALLEL WITH THE WEST LINE OF SAID
SOUTHEAST QUARTER A DISTANCE OF 1290.06 FEET TO THE INTERSECTION
WITH THE CENTERLINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC
RAILROAD; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE 307.00 FEET
TO THE INTERSECTION WITH THE WEST LINE OF SAID SOUTHEAST QUARTER;
TH€NCE NORTHERLY RLONG SR~D WEST LINE 1363:96 ~€ET TO TH€ POINT QF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 15, 2003 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. Petitioner requests approval of a conditional use permit under authority of Code Section
18.61.050.501 to permit and retain an outdoor tile storage yard with waiver of following:
Sections 18.06.050.030.033 - Minimum number of qarkinq spaces.
18.06.080 (67 spaces required for 166,923 sq.ft. of outdoor storage;
and 18.61.066.050 15 spaces proposed and concurred with by the City Traffic and
Transportation Manager)
1. That the petitioner submitted a parking study, including a field survey, prepared by Hartzog
& Crabill, Inc., and dated July 2003, to substantiate the parking waiver; and that the City Traffic and
Transportation Manager has reviewed the study and concurred with the conclusion that 15 on-site
employee and customer spaces are sufficient to meet the needs of this specific proposal.
2. That the parking waiver will not, under the conditions imposed, cause fewer off-street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of the use.
3. That the waiver will not, under the conditions imposed, increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
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4. That the waiver will not, under the conditions imposed, increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
5. That the waiver will not, under the conditions imposed, increase traffic congestion within the
off-street parking areas or lots provided for the proposed use.
6. That the waiver will not, under the conditions imposed, impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use.
7. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located.
8. That the size and shape of the site for the proposed use is adequate to allow full
development of the use in a manner not detrimental to the particular area nor to the peace, health, safety
and general welfare.
9. 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.
10. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
11. ~haf no one indicated their presenee at ~he pub+ie hearing-irr oppositiort 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 and retain an outdoor tile storage yard with
waiver of minimum number of parking spaces on an irregularly-shaped 8.7-acre property having a
frontage of 307 feet on the south side of Winston Road and a maximum depth of 1,318 feet, being located
640 feet west of the centerline of Sunkist Street, and further described as 2300 East Winston 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 +n~hich 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 the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty
four (24) hours from time of occurrence.
2. That the corrugated metal fencing along the Winston Road frontage shall be replaced with chain link
fencing interwoven with PVC slats; and that fast-growing clinging vines shall be planted on
maximum three (3) foot centers adjacent to said fence to eliminate graffiti opportunities. The fencing
shall be of sufficient height to fully screen the materials stored outdoors from view of the public right-
of-way. Said information shall be specifically shown on plans submitted to the Zoning Division for
review and approval.
3. That a landscaping plan for the front setback along Winston Road shalt be submitted to the Zoning
Division for 6eview and approval showing enhanced landscaping. In addition to the four (4) existing
trees, said plan shall include the following:
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(a) Twelve (12), twenty four inch (24") box sized, trees, in compliance with subsection
18.04.060.013 (pertaining to required trees in street setbacks); and
(b) Additional finrenty four inch (24") box sized trees in front of, and adjacent to, the outdoor storage
area screen fencing at a ratio of one (1) tree for each finrelve (12) lineal feet of fencing, in
compliance with subsection 18.04.049.050.053 (pertaining to Required Enclosure of Outdoor
Uses in Industrial Zones). The landscaping plan shall also incorporate a`layered landscaping'
theme including shrubs and groundcover.
(c) Within sixty (60) days from the date the landscaping plan is approved, the landscaping shall
have been installed. The landscaping shall be maintained thereafter in a live and healthy
condition.
4. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned
property or any public right-of-way.
5. That the outdoor storage of materials and equipment shall not exceed the height of the perimeter
fencing and shall not be visible to any adjacent public right-of-way.
6. That the outdoor storage shall be limited to tile, stone and similar products.
7. That granting of this parking waiver is contingent upon operation of the approved use in
conformance with the assumptions and/or conclusions relating to the operation and intensity of use
-- - as contaiRed in 4he parking demand study that forrrted the basis for approvaE of the waiver.
Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or
conclusions, as contained in the parking demand study, shall be deemed a violation of the
expressed conditions imposed upon said waiver which shall subject this conditional use permit and
waiver to termination or modification pursuant to the provisions of Sections 18.03.091 (Termination
or Modification of Amendments, Conditional Use Permits or Variances - Procedure)) and 18.03.092
(Termination or Modification of Conditional Use Permits or Variances - Grounds) of the Anaheim
Municipal Code.
8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions 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 approved plans.
9. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street(s). lnstallation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to the review and approval by the City
Traffic and Transportation Manager.
10. That all driveways on Winston Road shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137. Said information
shall be specifically shown on plans submitted to the Traffic and Transportation Manager for review
and approval.
11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
12. That no `compacY or `small car' parking spaces shall be permitted.
13. That any loading and unloading of products and materials shall occur on-site only, and shall not take
place in any required parking area.
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14. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shall be shown on plans submitted to the Department of Public Works,
Street Sweeping and Sanitation Division, for review and approval.
15. That water backflow equipment and any other large water system equipment shall be installed to the
satisfaction of the Water Utility Division in either underground vaults or behind the street setback
area in a manner fully screened from all public streets and alleys.
16. That trash storage area(s) shall be provided and maintained 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 area(s) shall be designed, located and screened so as not to be
readily identifiable from adjacent streets or highways.
17. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division, for review and approval.
18. That the legal property owner shafl irrevocably offer to dedicate to the City of Anaheim an easement,
thirty two (32) feet in width from the centerline of the street, along Winston Road for street widening
purposes.
19. (a) That the developer shall submit street improvement plans to the Public Works Department,
Development Services Division. Winston Road shall be improved to public street standards
with a four (4) foot wide sidewalk and an eight (8) foot wide parkway in accordance with
Standard Detail Nos. 101-E and 110-E. Parkway landscaping and irrigation between the
sietewalk and the curb shatF be instalted with #he parkway-irrigation tied into the on-site
irrigation system and maintained by the property owner;
(b) That prior to issuance of a building permit, a bond to guarantee these improvements shall be
posted with the City of Anaheim in an amount approved by the City Engineer and a form approved
by the City Attorney. A Right-of-Way Construction Permit shall be obtained from the Development
Services Division for all work performed in the public right of way; and
(c) That within a period of one hundred eighty (180) days from the date of this Resolution, the
above-described street improvements shall be constructed.
20. 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 No. 1, and as conditioned herein.
21. That within a period of ninety (90) days from the date of this Rssolution, Condition Nos. 2, 3, 8, 10,
14, 15, 16, 17, 18, 19(a), 19(b), 20, 23 and 24, herein-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits,
Variances and Administrative Adjustments) of the Anaheim Municipal Code.
22. 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.
23. That the applicant shall submit a Water Quality Management Plan specifically identifying the post
construction best management practices that will be used on-site to control predictable pollutants
from storm water runoff. The Water Quality Management Plan shall follow guidelines and formats as
set forth in the Exhibit 7.11 of the Drainage Area Management Plan on file with the Public Works
Department.
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24. That prior to approval of the grading plan, an amount to mitigate drainage impacts in the Stadium
Area shall be paid to the City of Anaheim. The current'per acre cosY to mitigate the impact is twenty
thousand six hundred dollars ($20,600) per acre. Credit will be applied for existing development on
the project site. The project architect or engineer shall document the existing impervious area and
the proposed impervious area. If the impervious area increases as a result of the project, a
mitigation fee proportional to the increased area shall be payable. If the impervious area remains
the same or decreases, no impact fee shall be required.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 15, 2003.
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HAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
~/~'~ - - ~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 December 15, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ I s"~ day of
, 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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