Resolution-PC 2004-18•
RESOLUTION NO. PC2004-18
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04816 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:
THE EASTERLY 265 FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF
THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
S.B.B. AND M., IN THE RANCHO LOS COYOTES.
EXCEPTING THEREFROM THE SOUTH 40 FEET THEREOF, AND ALSO EXCEPTING
THEREFROM THE NORTH 60 FEET OF THE SOUTH 746.66 FEET THEREOF.
THE WESTERLY 132.5 FEET OF THE EASTERLY 265 FEET OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, S.B.B. AND M., IN THE RANCHO
LOS COYOTES.
EXCEPTING THEREFROM THE NORTHERLY 66 FEET THEREOF.
THAT PORTION OF THE EASTERLY 265 FEET OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NOTHEAST QUARTER OF SECTION 13, TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, LYING NORTHERLY OF
THE NORTHERLY LINE OF THE STRIP OF LAND CONVEYED TO THE ORANGE
COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED NOVEMBER 5, 1959 IN
BOOK4961, PAGE 395, AND RE-RECORDED IN BOOK4991, PAGE 341, BOTH OF
OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 9, 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 18.03
(Zoning Procedures-Amendments, Conditional Use Permits and Variances), 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 the hearing was continued from the January 12 and the
January 26, 2004 Planning Commission meetings; 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 18.21.050.215 to permit a recreational vehicle storage facility and an
accessory modular office building with waivers of the following:
(a) Sections 18.04.043.100.101(a) - Maximum fence heiqht.
18.21.063.010 (3 feet permitted in the required setback along Lincoln Avenue;
and 18.21.064.090 8 feet proposed)
(b) Section 18.21.063.010 - Minimum frontyard setback.
(25 feet required along Lincoln Avenue;
8 to 20%2 feet proposed for Parcel 1)
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2. That there are special circumstances applicable to these parcels consisting of shape, location
and surroundings, which do not apply to other identically zoned properties in the vicinity; and, as discussed
in paragraphs (16) and (17) of the Staff Report to the Planning Commission dated February 9, 2004, the
waivers of maximum fence height and minimum front yard setback are a function of providing adequate
clearance for maintenance of the existing Edison towers; and that the waivers pertain only to the portion of
the project where needed to provide the necessary buffer around the towers and, therefore, strict application
of the Zoning Code would deprive these properties of privileges granted to other existing RS-A-43,000 zoned
properties in the vicinity.
3. That the proposed use will not, under the conditions imposed, adversely affect the adjoining
land uses and the growth and development of the area in which it is proposed to be located.
4. 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.
5. 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 because the use does not generate a
large number of vehicle trips and the project is designed with adequate on-site circulation.
6. That granting this conditional use permit, under the conditions imposed (including prohibiting
maintenance, washing and/or dumping waste in connection with the recreational vehicle storage facility), will
not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That one letter was received relaying concerns about the proposal; that one letter was
received in opposition; and that no one indicated their presence at the public hearing in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal for a recreational vehicle storage facility and an accessory modular
office building with waivers of maximum fence height and minimum front yard setback on two parcels located
on the north and south sides of Lincoln Avenue and described as follows: Parcel 1- a rectangular-shaped 4-
acre parcel having a frontage 265 feet on the north side of Lincoln Avenue with a depth of 646 feet, being
located 210 feet west of the centerline of La Reina Circle, and further described as 2721 West Lincoln
Avenue; and Parcel 2- a generally rectangular-shaped 1.8-acre parcel having a frontage of 132 feet on the
south side of Lincoln Avenue with a depth of 660 feet, being located 587 feet west of the centerline of
Stinson Street, and further described as 2720 West Lincoln Avenue; 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 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:
(a) That hours of operation shall be limited to:
Monday through Saturday: 7:00 a.m. to 6:00 p.m.
Sunday: 8:00 a.m. to 5:00 p.m.
(b) That on-site management shall be present during the hours of operation (when the facility is
open to the public).
(c) That four (4) random security checks shall be conducted daily during the hours when the
business is not in operation.
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2. That the following operational restrictions shall be imposed:
(a) No propane tanks or vehicle waste dumping shall be permitted.
(b) No audible vehicle alarms shall be permitted.
(c) No on-site maintenance or repair of vehicles shall be permitted.
(d) No storage of inoperable vehicles shall be permitted.
(e) No canopies or overhead coverings of any kind shall be permitted.
3. That all signage shall be limited to that shown on the submitted and approved exhibits. Any additional
signs shall be submitted to the Zoning Division for review and approval. Any staff decision regarding
signs may be appealed to the Planning Commission as a`Reports and Recommendations' item.
4. 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.
That the landscape planters shall be permanently and professionally maintained with live and healthy
plants.
That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
the plans submitted for building permits. Such plans shall also identify the specific screening treatment
of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and
shali be subject to review and approval by the appropriate City departments.
7. That plans shall be submitted to and approved by the City Traffic and Transportation Manager
specifying how the vehicular security gates and vehicle turn-around area will function. Said plans shall
be implemented, and the property shall be maintained thereafter in conformance with said plans.
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 plans.
9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
10. That on-site trash truck turn-around area(s) shall be provided in accordance with Engineering Standard
Detail No. 610 and shall be shown on the plans submitted for building permits, as required by the
Department of Pubiic Works, Street Sweeping and Sanitation Division.
11. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim, a
public utilities easement (dimensions will vary) across high voltage lines, low voltage lines, around all
pad mounted transformers, switches and capacitors. Said easements shall be submitted to the City of
Anaheim prior to connection of electrical service.
12. That lighting fixtures in any proposed parking area and any other security lighting located adjacent to
any residential property shall be down-lighted with a maximum height of twelve (12) feet. The lighting
fixtures shafl be directed away from adjacent residential property lines to protect the residential
integrity of the area and said information shall be specified on the plans submitted for building permits.
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13. That the property owner shall implement appropriate non-structural and structural Best Management
Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan ("DAMP"),
Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction of
pollutants entering the City of Anaheim storm water drainage system.
14. That if required, the legal property owner shall dedicate to the City of Anaheim an easement along the
property line (dimensions will vary) for public utility purposes.
15. That any required relocation of City electrical utilities shall be at the expense of the property
owner/developer. Landscape and/or hardscape screening of all pad-mounted equipment shall be
required and shall be outside the easement area of the equipment. Said information shall be
specifically shown on the plans submitted for building permits.
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 the adjacent streets or highways. The walls of the storage area(s) where visible off-
site, shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
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 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. Said information shall be specifically shown on
the plans submitted for building permits.
19. That all existing water services shall conform to current Water Utility Standards. Any existing water
services that are not approved by the Utility for continued use shall be upgraded to current standards,
or abandoned by the developer. If the existing services are no longer needed, they shall be
abandoned by the developer.
20. That prior to the approval of the grading plan, a favorable check letter from Southern California Edison
shall be submitted to the Public Works Department, Development Services Division, for review and
approval.
21. That prior to issuance of a grading permit, the applicant shall submit a Water Quality Management
Plan to the Public Works Department, Development Services Division, for review and approval.
22. That the property owner shall submit a letter to the Zoning Division requesting termination of Variance
No. 3186 (waiver of permitted accessory uses to permit an office trailer in connection with a wholesale
nursery).
23. That the use of the Yale Avenue access shall be limited to emergency vehicles only. Said access shall
be equipped with a"Knox Box" or similar device approved by the Fire Department.
24. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices
as required and approved by the Fire Department.
25. That the landscaping proposed along Lincoln Avenue and the east property line abutting any
residential land uses shall be maintained as an effective visual buffer and shall not be unreasonably
pruned.
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26. That the fifteen (15) foot high shrub screen proposed along a portion of the east property line shall be
extended the full length of the east property line abutting any residential land uses. Said information
shall be specifically shown on plans submitted to the Zoning Division for review and approval.
27. Proposed Condition No. 27 was intentionally deleted at the public hearing.
28. 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-A, 1-B, 2-A and 2-B, and as conditioned herein.
29. That final plans for the caretaker's quarters shall be submitted to the Zoning Division for review and
approval. Any decision by the Zoning Division regarding the caretaker's quarters may be appealed to
the Planning Commission as a'Reports and Recommendations' item.
30. That this entitlement shall only allow for the storage of vehicles within assigned spaces as shown on
Exhibit Nos. 1-A and 1-B. No other on-site storage of any type shall be permitted and no storage shall
occur in any area on said exhibits designated for landscaping, circulation, or customer and employee
parking.
31. That as stipulated by the applicant, security cameras shall be installed and maintained on-site to
monitor after hours outdoor activity. Said information shall be specifically shown on the plans
submitted for building permits.
32. That other than for a grand opening, 'special event permits' shall not be permitted in conjunction with
this business.
33. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 6, 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 20, 21, 22, 26,
29, 31 and 37, 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.
34. That prior to final building and zoning inspections, Condition Nos. 23, 24 and 28, above-mentioned
shall be complied with.
35. 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.
36. That this conditional use permit shall expire on February 9, 2007.
37. That the plans submitted for building and/or grading permits shall show a fifteen (15) foot wide area to
be set aside for future trail access. Said trail shall have a minimum ten (10) foot clearance from any
obstructions including existing utility poles. The proposed eight (8) foot high-block walls parallel to
Lincoln Avenue (shown on Exhibit Nos. 1-A and 1-B, labeled "Preliminary Site Plans") shall be
designed to allow future removal of portions of the block walls in order to accommodate continuation
of the trail across Lincoln Avenue.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this resolution is expressly predicated upon applicant's compliance with each
and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceabte by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
February 9, 2004. ~
RPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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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 February 9, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO,
VANDERBILT-LINARES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ls-~ day of
G , 2004.
,
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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