Resolution-PC 99-152RESOLUTION NO. PC99-152
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT
PETITION FOR CONDITIONAL USE PERMIT N0. 4139 BE GRANTED UNTIL NOVEMBER 1, 2005
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 Caiifornia, described as:
THAT PORTION OF PARCEL 4 IN PARCEL MAP N0.90-244 IN THE CITY OF
ANAHEIM, COUNTY OF ORANGAE, STATE OF CALIFORNIA AS PER MAP
FILED IN BOOK 268 PAGES 25 THROUGH 30 PARCEL LMAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 4;
THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 4 NORTH
00° '.5' 23" WEST 78.98 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 828.OQ FEET; THENCE
NORTHWESTERLY 6.41 FEET ALONG SAID CURVE THROUGH A~CENTRAL
ANGLE OF 00° 26' 36" TO 7HE TRUE POINT OF BEGINNING;THENCE
CONTINUING 63.85 FEET ALONG SAID CURVE AND SAID
NORTHEASTERLY LINE 7HROUGH A CENTRAL ANGLE OF 4° 25' 06";
THENCE SOUTH 20° 25' 06"; THENCE SOUTH 20° 15' 32" WEST 32.11 FEET
TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY HAVING A
RADIYS OF 13.95 FEET; THENCE SOUTH~RLY, SOUTHWESTERLY AND
WESTERLY ALONG SAID CURVE 24.98 FEET THROUGH A CENTRAL
ANGLE OF 102° 36' 20" TO A LINE PARALLEL WITH AND 25.00 FEET
NORTHEASTERLY OF THE CENTERLINE OF MABLE STREET AS SHOWN
ON SAID PARCEL MAP NO. 90-244; THENCE ALONG SAID PARALLLEL LINE
SOUTH 57° 08' 08" EAST 22.02 FEET TO THE BEGINNING Or= A CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 71.00 FEET; THENCE
SOUTHEASTERLY 22.27 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 17° 58' 04" TO THE TRUE POINT OF BEGINNING.
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the ~ity of Anaheim on August 16, 1999 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 the hearing was
continued from the meetings of July 19 and August 2, 1999; and
WHEREAS, said Commission, after due inspectic~n, investigation and study made by
itself and in iYs behaif, 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 18.61.050.070 and 18.61.050.514 to establish an Orange County
Transportation Authority operated paratransit transportation and maintenance depot to service
approximately 175 medium buses, to construct an office and maintenance building for light vehicle
maintenance with enclosed washing bays and two above-ground 500-gallon fueling tanks, and with waiver
of the following:
CR3723PK.DOC -1- PC99-152
Sections 18.04.049.010 - Reauired site screeninq.
and 18.61.068.010 (minimum 6-foot hiah decorative masonrv wall or landscaoed earthen
berm or combination thereof required adjacent to the railroad right-of-
way; 9-foot. 6-inch chain link fence with slats proposed)
2. That the requested waiver is hereby approved on the basis that chain link fencing with
appropriate landscaping will adequately screen this property; that the properties to the east of the
proposed chain link fencing (also abutting thE railroad) are industrial in nature; and that the proposed
screening and increased wali height will create a buffer and control any potential adverse impact on the
adjacent private school and railroad right-of-way.
3. That there are speciai circumstances applicable to the property consiating of its location
and surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code deprives the properry of privileges enjoyed by other properties in identical
zoning classification in the vicinity.
4. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
5. That the size and shape of the site for the proposed use is adequate to allow full
deve~opment of the proposal in a manner not detrimentai to the particular area, including the adjacent
industrial businesses and F.airmont School, nor to the peace, health, safety and general welfare because
the building and associated bus parking are sited in a manner so as to mitigate any potential impacts on
adjacent propertes.
6. 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 because the peak tra~c time
frames for the bus depot wili eccur at different time intervals of the day and are not in conflict with the
nearby Fairmont School peak tra~c time frames.
7. That granting of this conditional use permit, under the conditions imposed including site
screening, will not be detrimental to the peace, health, safety and general welfare of the citizens of the
City of Anaheim.
8. That three peopie spoke in opposition to proposed Condition Nos. 10 and 27 (pertaining
to required ingress/egress and to dedication for a possibie cul-de-sac on Mable Street) but they indicated
they were in favor of the proposai if said conditions were deleted (proposed Condition No. 10 was
amended and proposed Condition No. 27 was deleted}; and that no correspondence was received in
opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to establish an Orange County Transportation Authority
operated paratransit transportation and maintenance depot to sPrvice approximately 175 medium buses
and to construct an office and maintenance building for light vehicle maintenance with enciosed washing
bays and two above-ground 500-galion fueling tanks with waiver of req~;ired site screening on a 5.8-acre
irregularly-shaped property having a frontage of 528 feet on the north side of Mable Street, a maximum
depth of 460 feet and being located at the terminus of Embassy Street (1516 West Embassy Street); 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 initiat study
and any comments received that there is no substantial evidence that the project will have a significant
effect on the environment.
CR3723PKOOC -2- PC99-152
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for CondiUonal Use Permit until November 1, 2005, 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:
1. That subject conditional use permit shall expire on November 1, 2005.
2. That the hours of operation shall be limited to the foilowing, as stipulated to in the petitioner's letter
of operation:
Monday through Friday: 4:00 a.m. to 12 midnight
Saturday and Sunday: 7:00 a.m. to 8:00 p.m.
3. That any required relocation of city electrical equipment shall be at the developer's expense.
4. That this property shail be served by underground utilities in compliance with khe Electrical Rates,
Rules and Regulations and the City of Anaheim Underground Policy; and that the most current fees
shall apply.
5. That the legal owner of this property shall provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed.
6. That prior to commencing operation of this business, a vaiid business license shall be obtained from
the Business License Division of the Finance Department.
7. That the parking IoUstorage area serving the premises shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the appearance and conduct of ali persons on or
about the parking !ot. Said lighting infarmation shall be specified on pians submitted for building
permits for review and approval by the Zoning Division and the Community Services Division of the
Police Department.
8. That gates shail not be installed across any driveway or private street in a manner which may
adversely affect vehicular tra~c on the adjacent public street. Installation of any gates shall conforr~
to Engineering Standard Plan No. 609 and shail be subject to review and approval by the City Traffic
and Transportation Manager prior to issuance of a building permit.
9. That plans shafl be submitted to the City Traffic and Transportation Manager for review and
approval, and shail show conformance with the most current versions of Engineering Standard Plan
Nos. 402, 436, 602, 604, 605, 607 and 609 pertaining to parking standards and driveway lacations.
Subject property shall thereupon be developed and maintained in conformance with said plans.
10. (a) That bus ingress and egress shall be through the gated entrance on Embassy Street.
(b) That the bus drivers, maintenance and o~ce personnel shall use the Mable Street ingress and
egress. •
(c) That there shall be no solid wall between the maintenance facility and the fence to the
northeast, instead there shall be a rolling gate that can be used for ingress and egress in
emergencies.
11. That there shall be no outdoor storage in any required parking area; and that no outdoor storage,
including bus storage, shall exceed the height of the enclosure fence.
12. That final plans for signs, fencing and walls, building elevations, landscaping and fuel tank locadons
shall be submitted to the Planning Department for review and approval by Planning Commission as
a "Reports and Recommendations" item.
CR3723PK.DOC -3- PC99-i 52
13. That no patrons/passengers shall originate or end trips at this location.
14. That all air conditioning facilities and other roof and ground mounted equipment shail screened from
view as required by Code Section 18.61.030.100 ot the Anaheim Municipal Code. Such information
shall be specifically shown on the plans submitted for building permits.
15. That the fencing aiong the railroad right-of-way ~hall consist of chain-link interwoven with PVC s;ats;
that minimum one (1) gallon sized clinging vines shall be planted on maximum three (3) foot centers
along said fence to eiiminate gra~ti opportunities; and that said landscaping shall be pianted,
irrigated and maintained. Said information shall be specifically shown on plans submitted for
building permits.
16. That this 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 twenry
four (24) hours from time of occurrence.
17. (a) That minimum twenty four inch (24") box trees on maximum twelve (12) foot centers, including
appropriate irrigation facilities, shall be planted and maintained in the street setbacks adjacent
to Embassy Street and Mable Street; and
(b) That minimum twenty four inch (24") box :rees on maximum twenty (20) foot centers shall be
planted adjacent to the west, north and easterly property lines; and
(c) That landscaped planters shall be provided in the parking lot adjacent to Mable Street to
separete every ten (10) or less contiguous parking spaces; and
(d) That these landscaping specifications shall be stiown on the plans submitted for building
permits.
18. That an on-site landscaping and irrigation system shall be maintained in compliance with city
standards.
19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead; and that the landscaping planters shall be permanently
maintained with live and healthy plants.
20. That the locations for future above-ground utility devices inctuding, but not limited to, electrical
transformers, water back flow devices, gas, communications and cable devices, etc., shall be
shown on plans submitted for building permits. Said plans :;hall aiso identify the specific screen(ng
treatment of each device (i.e., landscape screening, coior of walls, materials, identifiers, access
points, etc.) and shall be subject to review and approval by Yhe appropriate city departments.
21. That trash storage area(s) shall be provide~ and maintained in location(s) acceptable to the Public
Works Department, Stieets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas shali be designed, located and screened so as not to be
readily identifiable from ad;acent streets or highways. The wall~ of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon
siced ciinging vines planted on maximum three (3) foot centers, or tall shrubbery. Sa(d information
shai~ be specifically shown on the plans submitted for building permits.
22. That the gasoline and diesel fuei tanks shall be placed underground and that the propane tank shail
be placed above-ground near the fuel docks in the north portion of the property. Said information
shall be specifically shown on the plans submitted for building permits.
CR3723PK.DOC -4- PC99-152
23. Th~~+ ~~ plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Streets and Sanitation Division for review and approval.
24. That an on-site trash truck turn-around area shali be provided in comptiance with Engineering
Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division.
Said turn-around area shall be specifically shown on plans submitted for building permits.
25. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street nor to adjacent
properties.
26. That the developer shall pay the sewer deficiency fee of twenty nine dollars and fifty cents ($29.50)
per one thousand (1,000) square feet of building area constructed.
27. Proposed Condition No. 27 was deleted at the August 16, 9999 public hearing.
28. That the water back flow equipment shall be above ground and outside the required street setback in
a manner fully screened from all public streets and aileys. Any other large water system equipment
shall be installed to the satisfacfion of the Water Engineering Division of the Public Utilities
Department in either underground vaults or outside the required street setback in a manner fully
screened from all public streets and alleys. Said information shall be specifically shown on plans
submitted to and approved by the Water Engineering Cross Connection Inspector before submittai of
plans for Guilding permits
29. That the developedowner shall provide a detailed water usage analysis and building plans for Publfc
Utilities Water Engineering review and approval to determine the adequacy of the existing water
system to meet the project's water requirements. Any system improvements shali be completed in
accordance with ~tule No. 15A of the Water Utflity's Rates, Rules and Regulations.
30. That fueling, washing, preventative maintenance, and light maintenance af the buses shall take
place primarily during evening hours; and that no heavy maintenance shail be conducted on this
site.
31. That subject property shali be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which pians are on flle with the Planning
Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
32. That prior to commencement of the activity authorized by this resolution, or 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. 5, 7, 8, 9, 12, 14, 15, 17, 20, 21, 22, 23, 24, 26, 28 and 29, above-mentioned,
shall be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Secti~n 18.03.090 of the Anaheim Municipal Code.
33. That prior to final building and zoning inspeckions, Condition Nos. 25 and 31, above-mentioned shalf
be complied with.
34. 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 approvai
of the request regarding any other applicable ordinance, regulation or requirement.
CR3723PK.DOC -5- PC99-152
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon appifcant's compliance
with each and all of the conditions hereinabove set forth. Should any such conditicn, 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 ~tESOLUTION was adopted at the Planning Commission meeting oi
August 16, 1999.
~
C. ~~1/ • c~ ~,t.i...t~
CHAIRPE SON, ANAHEIM CITY NNING COMMISSION
ATTEST:
~A ~ . . /1 _ . ~
SECRETARY, AI C~HEIM CITY PLANNING ~GMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM . )
I, Margarita Solorio, Secretary of the Anaheim Ciry 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 16, 1999, by the following vote of the members thereof:
AYES: CONMISSIONERS: SOSIINICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING
~(~~~L~WITNESS WHEREOF, I havo hereunto set my hand this c~7r' day of
~~ , 1999.
~ /1'r~t~'
SECRETr~RY NAHEI~J CITY PLANNING COMMIS:~ION
CR3723PK.DOC ~- PC99-152