Resolution-PC 98-141RESOLUTION NO PC98-141
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC89-183,
ADQPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3148,
THEREBY REINSTATING SAID USE PERMIT FOR A PERIOD OF THREE (3) YEARS
183 to approve Cond t onaSUse Permit No. 31~48 t Ppermit a bus sto age terminaafoethree~ years on 89
property consisting of 4.1 acres at 917 Pacifico Avenue (renamed Gene Autry Way); and that Condition
Nos. 1 and 2 of said resolution specified that "...prior to granting of any time extension or new conditional
use permit after March 1, 1992, the legal property owner..." would have to make irrevocable offers of
de~ication to widen both Lewis Street and Gene Autry Way and to accommodate the Critical Intersection
right-of-way; and
WHEREAS, said resolution has been emended three times since that date: on
September 22, 1992, to delete Condition Nos. 1 and 2 pertaining to dedication along Lewis 5treet and
Gene Autry Way, and amendir~g Condition No. 17 to specify that the use permit shall terminate on March
1, 1995 (Resolution Nos. 92R-198); on February 8, 1993, to amend the previously approved exhibits by
deleting the 1.8-acre northerly parcel at 1860 South Lewis Street because a new conditionai use permit
(No. 3583) was approved, in part, on that parcel to permit rental and outdoor storage of semi-truck trailers,
rninor maintenance and repair, and use of a modular office building with waivers (Resolution No. PC93-
21); and on March 6, 1995, to amend Condition Nos. 9 and 17 to require that the parking lot be paved or
otherwise surtaced to elimiriate dust and permitting the use until September 1, 1998 (Resolution No.
PC95-22); and
WHEREAS, the reason for previously amending the cor,dilions of approval (to delay
required street dedication, installation of street improvements, and compliance with appiicable site
development standards) and grantiny this conditional use permit oniy for limited periods of time was the
impact that Caltrans' plans (to widen the I-5/Santa Ana Freeway and to widen and elevate Gene Autry
Way as a high occupancy vehicle (HOV) access to the freeway) would have on subject property; and
WHEREAS, th~ property is dpveloped with a bus storage and dispatch facility (The Airport
Bus) in the ML (Limited Industrial) Zone; and
WHEREAS, the property is located in the Anaheim Stadium Area (frr which an
environmental impact report and master land use plan, including design standards, are currently being
prepared); and that it is also Iocated in Sub Area 2"South Anaheim Boulevard Corridor' of ihe Anaheim
Commercial/Industrial Redevelopment Project; and
WHEREAS, Lorie J. Williams of Airport Bus/Airport Coach has requested, pursuant to Code
Section 18.03.093 of the ~naheim Municipal Code, that this conditionai use permit be reinstated for three
(3) years, to expire on September 1, 2001; and that she indicated they are aware of the possible zoning
changes that will be considered by the City when the Master Land Use Plan for the Stadium Area is
submitte~ to the Planning Commission; and that they are willing to worlc with staff to determine whether
relocation may ultimately be necessary.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 14, 1998, 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
18.0?, to hear and consider evidence for and against said proposed amendment and to investigate and
maM,e findings and recommendation in connection therewith; and
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WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and aker due consideration of all evldsnce and reports offered at said hearing, does find
and determine the foilowing facts:
1. That the reinstated use (~ bus storage terminal) is properly one for which a conditional use permit
is authorized under Municipal Code Section ?8.61.050. 470.
2. That if this conditional use (bus storage terminal) were submitted under current ML (Limited
Industrial) zone standards for permanent buildings (four modular buildings were installed following
Calt~ans acquisition of a portion of this property), a number of waive~s wouid be necessary, as discussed
in the Staff Report to the Planning Conimission dated September 14, 1998, including:
Dedication of Lewis Street to its ultimate half width as a primary arterial highway,
Installation of street improvements {sidewalks, curbs, gutters, street lighls and entrance
driveway),
Minimum 50-foot structural setback along a primary arterial highway (Lewis Street),
Minimum landscaping along a primary arterial highway (Lewis Street),
Required landscaping, including trees and irrigation facilities, in the required front set~ack,
Minimum parking lot landscaping, and
Required screening of outdoor storage and uses.
3. That the reinstated use, as approved for a period of three years, will nof adversely affect the
adjoining land uses and the growth and development of the area in which it is located because of the
impacts the I-5/Santa Ana Freeway w(dening project has on this area, including: the realignment of Gene
Autry Way and Lewis Street; the elimination of access to Gene Autry Way; the elimination of direct access
between subject property and Lewis Street (which is being realigned temporarily to the northwest to
connec: to future Anaheim Way until future construction of Lewis Street at its ultimate alignment and width
as a primary arterial highway takes place), including that the precise access between this property and
realigned Lewis Street has not yet been defined.
4. That the size and shapF of this site (which has decreased in size and altered in shape due to its
partial acquisition by Caltrans for the freeway widening project) for this use, as approved for a period oF
thres years, is adequate to allow continued use of the property durir,g the freeway construction period in a
manner which is not detrimental to the particular area nor to the peace, health, safety and general welfare.
5. That the tra~c generated by the proposed use will not impose an undue burden upon the streets
and hignways designed and improved to carry the tra~c in the area because of the greater impacts the
freeway widening project is having on the area.
6. That reinstating this conditional use permit, under the conditiens imposed including the 3-year
time limftation, will not be detrimental to the peace, heaith, safety and general welfare of the citizens of the
City of Anaheim.
7. That this conditional use permit is being exercised substantially in the same manner and in
conformance with all conditions and stipulations originally approved.
8. That use of this property under this Conditional Use Permit No. 3148 has always been considered
an interim use.
9. That approving this conditional use, inciuding the outdoor storage and maintenance of buses, for
a period of three years for the duration oF the freeway widening project is appropriate because visibility to
this property has increased and will increase substantially more when improvements to the I-5 Freeway
and Gene Autry Way, including elevations more than 20 feet above existing grade levels, have been
completed.
PC98-141
10. That apprnving this conditional use, including the outdoor storage and maintenance of buses, for
a period of 3 years is appropriate because new zoning standards will result from adoption of a Master
Land Use Plan for the greater Stadium Area, and will likely impact critical areas such as this property
which fronts on an arterial highway and will become visible from the freeway; and that although the
existing business is a conditional use in the ML Zone, this type of outdoor storage, and repair and
maintenance of large vehicles may not be identified as appropriate for the Stadium Area under new
development standards resulting from approvai of the Master Land Use Plan, or for the Redevelopment
Area in which the property is also located.
11. That no further requests for time extensions or reinstatements of this conditional use permit wiil be
considered because of the changes that are taking place in the surrounding area; and that a new
conditional use permit may be appropriate in the future, assuming that sucti development compiies with
City and Zoning Code standards in effect at that time.
12. That no one indicated their presence at the pubiic hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUA~ITY ACT FINDING; That the Anaheim City
Pianning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditionai Use Permit No. 3i48 is adequate to serve as the
required environmental documentation in connectio~ with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previou~iy approved
Negative Declaration tcgether with any eomments received during the public review process and further
finding on the basi:; of the initial study and any comments received that there is no substantial evidence
that the prcoosal Hiill have a significant effect on the anvironment.
does hereby am M d R srz ut on No PC89-183, as amended by Re oluti n Nos. ~2R-196, PC93 21 Iand
PC95-22, and 2dopted in connection with Conditional Use Permit No. 3148, as follows, thereby reinstating
thfs conditicnal uso permit ~.^.: a period of three years:
(a) Amend Condition No. 17 to read:
1'7. The subject conditionai use permit is hereby reinstated as an interim use only for a period
of thres (3) years, to expire on September 1, 2001. No further requests for time
extensions or reinstatements of this conditional use permit will be considered because oP
the changes that are taking place in the surrounding area. F~ new cor,ditional use permit
rnay be appropriate in the future, assuming that such development cornplies with City and
Zoning Code standards in effect at that time.
(b) Add two new conditions {Nos. 19 and 20), as follows:
19. That within a period of three (3) months from the date oF this resolution, the petitioner shall
obtain the appropriate permits from the Building Division for any un-permitted construction
on this property (such as the four (4) existing modular buildings).
20. That within a period of three (3) months from the date of this resolution, lhe petitioner shall
submit a letter to the Zoning Division requesting termination of Conditional Use Permit No.
1591, which permitted outdoor recreational vehicle storage at 917 East Pacifico Avenue
with waivers of permitted uses, minimum front seiback and minimum landscaped setback.
PC98-141
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upan 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 unonforceable by the final judgment of any court of competent
jurisdiction, then this Resolutian, and any approvals h rein c ntal ed, sh I eemed null and void.
THE FOREGOING RESOLUTION w c~ ted he- P a"nni ' Commission meeting of
September 14, 1998.
~ ' ~
CHAIRPERSO ', NAHEI CITY PLANNING COMMISSION
ATTEST:~
~~
SECRETARY, A61~4iiEIM CITY PLANNING COMMISSIOh!
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
that the foreg ing resoluti n~was~passedtand afdopt d at ai mee~ glof the Anaheim C ty~Plan In ~9 Y certify
Commission held on September 14, 1998, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES,
~!V!LLIANS
NOES: COMMlSSION~RS: tVORIE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, t have heraunto set my hand this Z~~ day of
_~~~~, 1998.
(~~~ ~'a~~
SECRETAR ANAHEIM CITY PLANNING COMMISSION
PC98-141