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Resolution-PC 2003-84~ RESOLUTION NO. PC2003-84 . A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04701 BE GRANTED, IN PART 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 1 AND PARCEL 2(1610 AND 1620 SOUTH CLAUDINA WA 17: THAT PORTION OF THE NORTHERLY ONE HALF OF THE SOUTHWEST ONE QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, WITHIN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 IN SAID CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 60, PAGES 46 THROUGH 50 fNCLUSIVE OF RECORDS OF SURVEY IN THE OFFICE OF SAID COUNTY RECORDER. - ~XCE~~tNG TkiER€F~20M THAT POR~ION OF SPrID PRRCE~ 1 ~YtNG SOUTHWESTERLY OF THE NORTHEASTERLY RIGHT-OR-WAY LINE OF CLAUDINA STREET, AS DESCRIBED IN THAT CERTAIN EASEMENT DEED RECORDED ON SEPTEMBER 27, 1968 IN BOOK 8735, PAGE 784 OF OFFICIAL RECORDS, IN THE QFFICE OF SAID COUNTY RECORDER. PARCEL 3(1640 SOUTH CLAUDINA WAY): PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 193, PAGES 30 AND 31, 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 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 Sections 18.61.050.502 and 18.61.050.507 to wit: to establish an outdoor contractor/vehicle storage yard with waivers of the following: (a) Sections 18.06.010.020 - ReQUired recorded parkinq aqreement for off-site parkinq. and 18.61.066.010 (b) Sections 18.06.050.030.031 - Minimum number of parkinq spaces. 18.06.050.030.033 (45 spaces required; 18.06.080 41 sqaces proposed, and concurred with by the Traffic and and 18.61.066.050 cr\PC2003-084.doc - 1 of 5- PC2003-84 ~ ~ 2. That subject property consists of two vacant parcels in the Southern California Edison overhead easement (1610 and 1620 South Claudina Way) and a third parcel developed with an industrial buildirig and associated parking (1640 South Claudina Way); that the zoning is Limited Industrial ("ML"); and that reclassifications have been approved for the South Anaheim Boulevard Corridor ("(SABC)") and Sports Entertainment ("(SE)") Overlay Zones but that zoning ordinances have not been adopted to rezone these parcels. 3. That waiver (a), required recorded parking agreement for off-site parking, is hereby denied on the basis that it was deleted following public notification. 4. That waiver (b), minimum number of parking spaces, is hereby approved on the basis of the information and analysis provided in the parking letter submitted by the petitioner and discussed in paragraph (21) of the Staff Report to the Planning Commission dated June 16, 2003, which concludes that 41 parking spaces will be adequate for the proposed business operation. 5. That waiver (b), 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 the proposal under the normal and reasonably foreseeable conditions of operation of such use because only 30 of the 41 proposed spaces will be occupied at the peak hour resulting in the site having an excess of spaces during times of peak usage. 6. That waiver (b), 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 because only 73% of the 41 proposed spaces will be used at any single time; and that approval of the waiver will_not impede. uehicular ingK~ss to or eg~€ss #~om ad}acer~t prope~ies upon the pubtic streets ir~ the immediate viciniry of the proposed use. 7. That waiver (b), under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for #he ;oroposed use. 8. That the proposal, as conditioned herein, is consistent with the intent of the ML zone and the goals of the Redevelopment Project Area. 9. That as conditioned herein, the proposed outdoor contractor/vehicle storage 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 because the surrounding properties are also zoned ML and contain industrial land uses; and that the size and shape of the site (consisting of Parcels 1, 2 and 3) for the proposed use is adequate to allow full devetopment of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 10. 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. 11. 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 establish an outdoor contractor/vehicle storage yard with waivers of required recorded parking agreement for off-site parking and minimum number of parking spaces on three parcels located at 1610, 1620 and 1640 South Claudina Way; and further described as Parcel 1- an irregularly-shaped 0.92-acre parcel having a frontage of 140 feet on the east side of Claudina Way and a maximum depth of 270 feet, and being located 1,595 feet north of the centerline of Anaheim Way; Parcel 2- an irregularly-shaped 0.70-acre parcel having a frontage of 135 feet on the east side of Claudina Way and a maximum depth of 250 feet, and being located 1,460 feet north of the centerline of Anaheim Way; Parcel 3- an irregularly-shaped 0.99-acre parcel having a frontage of 151 feet on the east side of Claudina Way and a maximum depth of 227 feet, and being located 1,309 feet north of the centerline of Anaheim Way; 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 cr\PC2003-084.doc - 2 of 5- PC2003-84 ~ ~ 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, in part, 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 outdoor storage shall be timited to construction vehicles and equipment trailers; and that no parking or storage of inoperable vehicles or parts shall be permitted. 2. That no canopies or overhead coverings of any kind shall be permitted. 3. That no maintenance or repair of vehicles shall be conducted out-of-doors. 4. That a parking lot striping plan shall be submitted to the Zoning Division showing seven (7) additional parking spaces on Parcels 1 and 2(for a total of fourteen (14) spaces), and two (2) parking spaces inside the warehouse area on Parcel 3(for a total of forty one (41) spaces), for a total of fifty five (55) parking spaces on Parcels 1, 2 and 3, in compliance with Zoning Code requirements. That gates shall not be installed across any driveway in a manner which may adversely affect vehicle traffic on the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan_No. 609 and shall be sub}ect to review and-approva~ by the ~ity ~raffic and Transportation Manager. 6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of ~ngineering 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. 7. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for sign and wall/fence locations. 8. That the parking lot and storage areas on these premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about said outdoor areas. Said lighting information shall be specified on plans submitted to the Zoning Division and the Police Department, Community Services Division, for review and approval. 9. That a final landscaping plan shall be submitted to the Zoning Division for review and approval. Said plan shall specify the following: (a) That a minimum of thirteen (13) trees (based on one (1) tree for every twenty (20) linear feet of street frontage) shall be planted adjacent to Claudina Way within the landscaped setback area; and that one (1) tree for every twelve (12) linear feet of outdoor storage area adjacent to Claudina Way shall also be planted. Said trees shall be minimum twenty four inch (24") box sized. (b) That vines or tall shrubbery shall be planted on maximum three (3) foot centers adjacent to the fencing along the railroad right-of-way and the outdoor storage area adjacent to Claudina Way; and that said landscaping shall be properly irrigated and maintained. (c) That the landscaping on Parcel 3(1640 South Claudina Way) shall be refurbished with new groundcover and shrubs. cr\PC2003-084.doc - 3 of 5- PC2003-84 ~ . 10. 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; and that the landscaping planters shall be permanentiy maintained with live and healthy plants. 11. That a chain link fence interwoven with `PVC' slats (or other acceptable screening material) shall be installed along the east and west boundaries of the outdoor storage area to a height which screens the outdoor storage yard in compliance with Zoning Code requirements. 12. That the existing chain link fencing along the north property line shall be repaired or replaced, and that acceptable screening material shall be installed. 13. That an on-site landscaping and irrigation system shall be maintained in compliance with City of Anaheim standards. 14. That all barbed-wire and razor wire shall be removed or located such that it is not visible to Claudina Way. 15. That all backflow equipment shall be located above ground outside the required street setback along Claudina Way in a manner fully screened from the public street. Any back flow assemblies currently installed in a vault shall be brought up to current City of Anaheim standards. 16. That four (4) foot high street address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the adjacent street or properties. Said information shall be specifically shown on plans submitted to the Police Departmen.t, -Commur~i~yS~rvices ElEVisio~t, for Feview and approval. - - 17. That the petitioner shall complete and submit a Burglary/Robbery Alarm permit application, Form APD 516, available at the Police Department front counter. 18. That the property shall 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. 19. That this proposal shall comply with all signing requirements of the Limited Industrial-South Anaheim Boulevard Corridor Overlay ("ML(SABC)") Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 20. That prior to commencing operation of this business, a valid business license shall be obtained from the Business License Division of the City of Anaheim Finance Depa~tment. 21. That subject property shall be maintained 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. 22. That prior to commencement of the activity authorized by this resolution or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 17, 20 and 21, 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. 23. 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 approvaf of the request regarding any other applicable ordinance, regulation or requirement. cr\PC2003-084.doc - 4 of 5- PC2003-84 ~ ~ BE IT FURTHER RESOLVED that granting of waiver (b) shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use. as 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 as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 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. June 16, 2003. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ~~%!:~~ .•` CHAIRPERSON, ANAHEIM CITY ANNING COMMISSION ATTEST: 0 _ SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, PC 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 ! y day of ~_~, 2003. 0 ~o.J SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION cr\PC2003-084.doc - 5 of 5- PC2003-84