Resolution-PC 2003-82~
RESOLUTION NO. PC2003-82
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04702 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the Ciry of Anaheim, County of Orange, State of
California, described as:
PARCEL 1, IN THE CITY OF ANAHIEM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL
MAPS, RECORD OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 2, 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 June 16, 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 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 wit: to permit and retain an outdoor storage yard with the
following waivers:
(a) Section 18.61.064.020 - Maximum fence heiqht.
(3 feet permitted a minimum of 5 feet from local industrial streets;
9 feet existing and proposed adiacent to Dupont Drive)
(b) Sections 18.06.050.030.031 - Minimum number of parkinq spaces.
18.06.050.030.033 (48 spaces required;
and 18.61.066.050 32 spaces proposed, and concurred with by the City
Traffic and Transportation Manager)
(c) Section 18.61.063.010.013 - Minimum landscaped setback.
(5 feet required along local industrial streets;
none existing or proposed along Dupont Drive)
1. That waivers (a) and (c), maximum fence height and minimum landscaped setback, are
hereby approved on the basis that there are special circumstances applicable to the property which do not
apply to other identically zoned properties in the vicinity; that the existing fence height and lack of a
landscaped setback adjacent to Dupont Drive are existing conditions and the impacts of the proposal do not
provide sufficient nexus to require compliance with these development standards; and that strict application
of the Zoning Code in terms of the fence height required to effectively screen the outdoor storage yard would
deprive the property of privileges enjoyed by other industrial properties in the vicinity.
2. That the parking demand study (submitted by the petitioner and discussed in paragraph (18)
of the Sfaff Report to the Planning Commission dated June 16, 2003) substantiates that the number of
parking spaces proposed in connection with waiver (b), minimum number of parking spaces, is adequate for
this specific business operation which is described in paragraph (13) of the Staff Report to the Planning
Commission; and that said waiver, under the conditions imposed, will not cause fewer off-street parking
spaces to be provided for the approved 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.
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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 on adjacent private property in the immediate vicinity of the proposed use.
5. That the parking waiver, under the conditions imposed, will not increase tra~c
congestion within the off-street parking areas or lots provided for the proposed use.
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 proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located because the proposal includes site screening.
8. That the size and shape of the site for the proposed use 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 proposal meets all the minimum development standards set forth
within the Zoning Code with the exception of the approved waivers which do not impact surrounding
properties.
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 traffic in the area.
10. 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.
11. That the size, shape and topography of the site for the proposed outdoor storage yard is
adequate to allow full development of said use because the proposal meets all the minimum development
standards set forth by the Zoning Code with the exception of the waivers which do not impact surrounding
properties; and that, therefore, approval of the use will not have a negative impact on the particular area's
peace, health, safety and general welfare.
12. 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 and retain an outdoor storage yard with waivers of
maximum fence height, minimum number of parking spaces and minimum landscaped setback on a
rectangular 1.3-acre property located at the southwest corner of Orangewood Avenue and Dupont Drive,
having frontages of 181 feet on the south side of Orangewood Avenue and 305 feet on the west side of
Dupont Drive, and further described as 2130 East Orangewood Avenue (Tileclub); 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 environmenf.
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 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.
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2. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned property
and/or public right-of-way. The existing barbed wire, which is visible to non-industrially zoned property
and/or a public right-of-way shall be removed.
3. 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.
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 602
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said plans.
5. That no 'compacY or `small car' parking spaces shall be permitted.
6. That granting of the parking waiver is contingent upon operation of the proposed use in conformance
with the assumptions and/or conclusions relating to the operation and intensity of the use as described
in the Staff Report to the Planning Commission and contained in the parking demand study that formed
the basis for approval of said 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 to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of
the Anaheim Municipal Code.
7. That the proposed fence and sliding gate securing the employee parking area shall remain open during
_hQUrs o#. operation so that all required parking spaces will be accessible and available. _
8. That any loading and unloading of products and materials shall occur on-site, and shall not intrude into
any required parking area.
9. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses,
except as shown and approved on Exhibit No. 1.
10. Thaf 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.
11. That the fencing shall be maintained in conformance with the approved plans, including PVC slats
interwoven into the chain link fencing along the perimeter of the outdoor storage area; and that 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 visually screen the materials stored out-of-
doors from the public rights-of-way. Said information shall be specifically shown on plans submitted for
Zoning Division approval.
12. That the outdoor storage shall be limited to tile, stone and similar products unless otherwise approved
by the Planning Commission as a`Reports and Recommendations' item.
'f 3. 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.
14. That within a period of ninety (90) days from the date of this Resolution, Condition Nos. 2, 4, 10, 11 and
13, 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.
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15. 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 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.
16, 2003.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
STAT..E QF CAUFORNIA ) __
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Support Supervisor 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 June 16, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE POSITION
IN WITNESS WHEREOF, I have hereunto set my hand this ~''~ day of
, 2003.
0 s~.¢~.
SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
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