Resolution-PC 2003-74. •
RESOLUTION NO. PC2003-74
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04683 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:
PARCEL 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 49, PAGE 43 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 5, 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 that said public hearing was
continued to the May 19, 2003 Planning Commission meeting; 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 #ind-and deterr~i~e the fo4lowi~g ~acts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.61.050.500.501 to wit: to permit and retain an existing outdoor
building and materials storage yard in conjunction with a tile warehouse with accessory retai! sales and
with waiver of the following:
Sections 18.06.050.020.022,0226 - Minimum number of parkinq spaces.
18.06.050.030.031 (26 spaces required;
18.06.050.030.033 20 spaces existing and proposed, and concurred with by the
18.06.080 City Traffic and Transportation Manager)
and 18.61.066.050
2. That approval of the waiver of minimum number of parking spaces, under the conditions
imposed, will not 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; and that parking letter which was
submitted by the petitioner (dated December 23, 2002) and reviewed and concurred with by fhe City
Traffic and Transportation Manager, substantiates the requested parking waiver.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use.
5. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
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6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
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 not 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 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, as conditioned herein, the outdoor storage yard will not adversely affect the
adjoining land uses and the growth and development of the area because the outdoor storage area is
adequately screened from the public's view.
11. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit and retain an existing outdoor building and
materials storage yard in conjunction with a tile warehouse with accessory retail sales and with waiver of
minim~m ~~FnbeF of paFking spases on a rectangulaFly-shaped-0:65-acre property havi~g a€rontage of
126 feet on the east side of State College Boulevard and a maximum depth of 226 feet, being located 425
feet north of the centerline of Winston Road, and further described as 1300 South State College
Boulevard; and does hereby approve the Negative Declaration upon finding that the declaration reflects
#he independent judgment of the lead agency and #hat 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:
1. That the wall signage on the west building elevation facing State College Boulevard shall be reduced
to the maximum permitted wall sign area of ten percent (10%) of said building elevation in
accordance with Sections 18.05.097.050 and 18.61.067 ('Wall Signs' in the Limited Industrial Zone)
of the Anaheim Municipal Code. If any additional 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.
2. That the applicable traffic signal assessment fee for the outdoor storage yard shall be paid to the
City of Anaheim in the amount established by City Council Resolution.
3. That the developer shall pay a traffic and transportation improvement fee for the outdoor storage
yard to the City of Anaheim, in the amount established by City Council Ordinance (or Resolution).
This fee will be used to fund traffic and transportation improvements within the area impacted by this
project. Said fee shall be subject to adjustment by the City Council.
4. 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
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602 pertaining to parking standards. Subject property shall thereupon be developed and maintained
in conformance with said plans.
5. That no required parking area shall be fenced or otherwise enclosed for storage or other uses,
except as specifically permitted by this Resolution.
6. (a) That a landscaping and fencing plan shall be submitted to the Zoning Division for review and
approval. Said plan shall include a minimum of six (6), minimum twenty four (24) inch box
sized, trees in the landscaped setback area adjacent to State College Boulevard and a new ten
(10) foot high decorative block wall along the west side of the outdoor storage yard, which wall
shall be screened by clinging vines planted on maximum three (3) foot centers and/or talf
shrubbery planted on the west side of the wall. Said landscaping and fencing plan shall include
refurbishment of existing landscaped planters. 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.
(b) That within a period of ninety (90) days from the date of said approval, the landscaping and
fencing plan shall be implemented.
That the applicant shall submit a water quality management plan ("WQMP") specifically identifying
the 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.
8. That the-outdoor storage yard shal~ be-4imited to t~ie storage o# building mateFiaEs consisting of tile,
stone and/or marble products, which shall be stored in the designated area as shown on Exhibit No.
1(labeled `Site Plan/Floor Plan'). No storage shall be stacked above the height of the enclosure
block wall/fence, and no materials or equipment shall be stored outside the approved storage yard.
9. 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.
10. That no barbed wire or razor wire visible to the public right-of-way (State College Boulevard) shall be
permitted. All such existing barbed and/or razor wire shall be removed within sixty (60) days from
the date of this Resolution.
11. That the rolling gates for the enclosed outdoor storage yard shall be maintained in good condition
and kept closed to screen all outdoor storage from State College Boulevard.
12. That PVC (polyvinyl chloride) slats shall be interwoven into the chain link gates and scrim (dark
colored) 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.
13. That truck loading/unloading in the storage yard shall only occur behind the screen block wall and
rolling gate.
14. 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.
15. That within sixty (60) days from the date of this Resolution, Condition Nos. 1, 2, 3, 4, 6(a}, 7, 10, 12,
and 14, 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.
16. 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
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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.
17. That all forklift activities associated with this business shall occur inside the building or within the
enclosed outdoor storage area.
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.
May 19, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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CHA PERSON, 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 May 19, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WfTNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2003.
,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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