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Resolution-PC 2004-92..; , ~ ~ RESOLUTION NO. PC2004-92 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04875 BE GRANTED (3400 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission didreceive 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: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF~ PARCEL MAP, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO'THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16'00" fAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LAPALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY'OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING TRUE POINT OF BEGINNING; THENCE„EASTERLY ALONG SAID SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00 FEET; TH~NCE 4 SOUTH 16°16'00" EAST 32.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE'TO THE NORTHEAST HAVING AS RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ' ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77°25'53" AN ACRE LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 86° 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE SOUTHWEST HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 55' 59" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 45' 54" EAST 1,017.06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73° 4T 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3° 45' 54" WEST 978.30 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE FROM SAID NON-TANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 48° 26' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON A NON-TANGENT LINE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18' OT' WEST 81.33 FEET TO THE BEGINNING OF A TANGEN~ CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' 53" AN ARC WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 23, 2004, 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 18.60, 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 Cr\PC2004-092 -1- PC2004-92 ~ ~ 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.080.050.0531. ' ' 2. ' That the proposed use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. 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 health and safety. 4. That the traffic generated by the proposed use wiU not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the site contains ample area for auto haulers to maneuver and unload vehicles entirely on the property. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens ofthe City of Anaheim. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition, A person spoke unrelated to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is; therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following cpnditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That the temporary storage of new automobiles is approved for a period of three (3) years to expire on August 23, 2007. - 2. 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. 3. That the existing chain link fencing shall be interwoven with PVC slats. The fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public right-of-way. Said fencing shall be permanently maintained in an orderly fashion and if damaged, shall be repaired within a period of 24 hours. Said information shall be specifically shown on plans submitted to the Planning Services Division for review and approvaL ' 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, including the SR-91 (Riverside) Freeway. ' 5. That the outdoor storage of new automobiles shall not exceed the height of the perimeter fencing and shalf not be visible to any adjacent public right-of-way, including the SR91 (Riverside) Freeway. 6. That the outdoor storage shall be limited to new automobile inventory. 7. That no advertising including advertisements placed directly on the automobiles shall take place at this location. -2- PC2004-92 ~ ~ 8. That the vacant industrial building may be utilized while the temporary outdoor storage of vehicles exists on this property, provided that adequate parking is provided per Zoning Code requirements to accommodate both uses concurrently. A parking plan shall be reviewed and approved by the Planning Department prior to any occupancy of said vacant buiiding. 9. 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 and 470 pertaining to parking standards and driveway locations Subject property shall thereupon be developed and maintained in conformance with said approved plans. 10. That gates shall not be installed across the driveway in a manner, which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager. 11. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 12. That no `compact' or `small car' parking spaces shall be permitted. 13. That any loading and unloading of vehicles shall occur on-site only, and shall not take place in any required'parking area or within the public right-of-way. 14. That adequate lighting of the parking and storage area, driveways, circulation areas, and grounds contiguous to buildings shall be provided with sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite. That the minimum lighting level in ail parking and storage areas shal{ be one-foot candle, with a maximum to minimum ratio no greater than 15:1. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approvaL 15. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police Department and submitted in a complete form. 16. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and submitted in a complete form. 17. That no activity other than new vehicle storage shall occur on the property. No vehicle repair, sales, rental, washing, detailing and/or salvage shall be permitted. 18. 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. 19. That prior to the commencement of the activity authorized by the resolution, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 9, 10, 14, 15, 16, 18 and 23 herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code. 20. This condition was deleted at the public hearing. 21. That this storage facility shaA be mainta+ned in compliance with Code Section 18.38.200 pertaining to outdoor storage. 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 -3- PC2004-92 . ~ 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 prior to the operation of any business on the subjectproperty, a valid business license shall be obtained from the City of Anaheim, Business License Division of the Planning Department BE ITFURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determinethat 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 August 23, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal p oced s and may be re ed by a City Council Resolution in the event of an appeaL _~ ' CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: ~~-ir~ue= /~~~ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CAUFORNIA ) 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 August 23, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1f ~_-- day of , 2004. ~ /~~~ ..,~.1_ /h'La~+,-~ SENtOR SECRETARY, ANAHEIM CITY PLANNWG COMMISSION