99-207RESOLUTION N0. 99R-207
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT N0. 4089.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
to permit a building material and contractor's storage yard and
outdoor storage of recreational vehicles, boats and trailers upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
PARCEL A:
THAT PORTION OF LOT 44 OF ANAHEIM EXTENSION AS
SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY
OF WHICH IS SHOWN IN BOOK 3, PAGE S 162 THROUGH 164
OF ~~LOS ANGELES COUNTY MAPS" IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH SIDE OF NORTH
STREET, BEING 50.00 FEET WEST OF THE CENTER LINE OF
THE CALIFORNIA CENTRAL RAILROAD 100 FOOT RIGHT OF
WAY AS DESCRIBED IN DEED RECORDED NOVEMBER 9, 1887
IN BOOK 327, PAGE 219 OF DEEDS, RECORDS OF LOS
ANGELES COUNTY, CALIFORNIA; THENCE SOUTH 75 DEGREES
WEST 94.38 FEET TO A STAKE IN THE EAST LINE OF THE
WESTERLY 15.50 ACRES OF SAID LOT 44; THENCE NORTH
15 DEGREES WEST 489.72 FEET ALONG SAID EAST LINE TO
THE SECTION LINE; THENCE EAST ALONG SAID SECTION
LINE, 99.00 FEET TO THE WESTERLY LINE OF SAID
CALIFORNIA CENTRAL RAILROAD RIGHT OF WAY; THENCE
SOUTH 15 DEGREES EAST 462.00 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN
PARCEL 2 OF THE QUITCLAIM DEED TO THE CITY OF
ANAHEIM RECORDED SEPTEMBER 9, 1994 AS INSTRUMENT
NO. 94-0550591 OF OFFICIAL RECORDS OF ORANGE
COUNTY, CALIFORNIA.
PARCEL B:
BEGINNING AT THE SOUTHEAST CORNER OF VINEYARD LOT
"A2" AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES
629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES
COUNTY, CALIFORNIA: RUNNING THENCE NORTH 15 DEGREES
31' WEST ALONG THE EASTERLY LINE OF SAID LOT,
792.82 FEET, MORE OR LESS, TO THE NORTHEAST CORNER
OF SAID LOT; THENCE SOUTH 74 DEGREES 27' 20" WEST
ALONG THE NORTHERLY LINE OF SAID LOT, 85.25 FEET
FROM THE EASTERLY LINE OF SAID LOT 872.32 FEET TO A
POINT; THENCE SOUTH 15 DEGREES .06' EAST 96 FEET TO
A POINT; THENCE SOUTH 13 DEGREES 18' EAST 114.60
FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT;
THENCE NORTH 74 DEGREES 26' EAST 90.40 FEET TO THE
POINT OF BEGINNING; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC99-120 denying
Conditional Use Permit No. 4089; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful
consideration of the recommendations of the City Planning
Commission and all evidence and reports offered at said hearing,
that:
1. The proposed use is properly one for which a
conditional use permit is authorized by the Anaheim Municipal
Code.
2. 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.
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3. The size and shape of the site proposed for the use is
adequate to allow the full development of the proposed use in a
manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of
Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
2. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 4089 be, and the same is hereby,
granted permitting a building material and contractor's storage
yard and outdoor storage of recreational vehicles, boats and
trailers on the hereinabove described real property with a waiver
of the following provisions of the Anaheim Municipal Code:
Sections 18.04.049.010(c)
18.04.049.050.053
and 18.81.068
- Required site screening.
(Minimum 6-foot high masonry
wall required adjacent
to residential uses and zoning
on the west and adjacent to
the railroad right-of-way on
the east, and five (5), twenty
four (24) inch box sized,
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trees required adjacent to
North Street;
6 to 7-foot high chain link
fence with fabric mesh and
vine screening proposed along
residential uses and the
railroad, and no trees
proposed adjacent to North
Street)
subject to the following conditions:
1. That the subject use shall expire in ten years on
September 28, 2009.
2. That the hours of operation shall be limited to Monday
through Saturday 6 a.m. to 7 p.m.
3. That no public address systems shall be permitted.
4. That signage for the subject facility shall be limited to
that shown on the exhibits submitted by the petitioner. Any
additional signage shall be subject to approval by the Planning
Commission as a Reports and Recommendations item.
5. That the proposal shall comply with all signing
requirements of the ML Zone unless a variance allowing sign
waivers is approved by the Planning Commission.
6. That the fence along the east property line enclosing the
storage yard shall be twelve (12) foot high chain link covered
with green fabric mesh. Said fence shall be maintained in good
condition at all times. Minimum three (3) gallon oleanders shall
be planted, irrigated and maintained on maximum ten (10) foot
centers on the inside of the entire length of the fence.
7. That vehicular access to the driveways on North Street
and Wilhelmina Street shall be limited to occasional use by
passenger vehicles and light pick up trucks only. All other
vehicular access shall be via La Palma Avenue.
8. That the fence along the west property line adjacent to
the public alley shall be six (6) to seven (7) foot high chain
link atop a six (6) foot high decorative block wall (as measured
from the grade level at the public alley). Said fence shall be
maintained in good condition at all times. Minimum three (3)
gallon clinging vines shall be planted, irrigated and maintained
on maximum ten (10) foot centers on the alley side of said fence.
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9. That any required relocation of City electrical equipment
shall be at the developer's expense.
10. That the legal owner of this property shall provide the
City of Anaheim with a public utilities easement to be determined
as the electrical design is completed.
11. That unless otherwise indicated in these conditions or
approval, the permitted storage yard and outdoor storage of
recreational vehicles at this property shall conform to the
letter of operation dated May 17, 1999, and the information
included in the Staff Report to the Planning Commission dated
July 7, 1999, both of which are on file with the Planning
Department.
12. That the parking lot/storage area serving the 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 the parking lot. Said lighting shall be
directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of adjacent properties,
and that said lighting information shall be specified on plan
submitted for Zoning Division and Police Department, Community
Services Division review and approval.
13. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the current version of Engineering Standard Plan
Nos. 402, 436, 601/602, 604, 605, 607 and 609 pertaining to
parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said
plans.
14. That there shall be no outdoor storage in any required
parking area and no outdoor storage shall exceed the height of
the fence.
15. That the property shall be permanently maintained in an
orderly fashion by providing regular landscape maintenance,
removal of trash or debris, and removal of graffiti within
twenty-four (24) hours from time of occurrence.
16. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
17. That any tree planted on-site shall be replaced in a
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timely manner in the event that it is removed, damaged, diseased
and/or dead.
18. That minimum one (1) gallon size clinging vines shall be
planted, irrigated and maintained on maximum three foot centers
adjacent to the block walls facing La Palma Avenue (Parcel No.
1) .
19. That minimum 24-inch box trees shall be provided on
maximum 12-foot centers in the setback area adjacent to the
terminus of North Street. Said information shall be specifically
shown on plans submitted for Zoning Division review and approval.
20. That the outdoor storage area shall be maintained on the
east side of the property (Parcel No. 2) with open ingress/egress
for traffic circulation to be maintained adjacent to the west
property line. No obstruction by storage of equipment or
materials of thoroughfare movement shall be permitted.
21. 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 plans submitted for Zoning Division
approval. Plans shall also identify the specific screening
treatments of each device (i.e., landscape screening, color of
walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City
departments.
22. That a valid business license shall be obtained from the
City of Anaheim, Business License Division, of the Finance
Department.
23. That a paved surface shall be provided (Parcel No. 2) in
compliance with Code requirements.
24. That the minimum number of required parking spaces shall
be provided and maintained on the subject property, subject to
the review and approval of the City Traffic and Transportation
Manager.
25. 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, 2a, 2b, 2c and 2d, 3,
4, 5 and 6 and as conditioned herein.
26. That prior to commencement of the activity authorized by
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this resolution, or within a period of one (1) year from the date
of this resolution, whichever occurs first. Condition Nos. 4, 5,
6, 8, 9, 10, 12, 13, 18, 19, 20, 21, 22, 23, 24, and 25, 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.
27. 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.
BE IT FURTHER RESOLVED that the City Council 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 conditions, 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 is approved and adopted by the
City Council of the City of Anaheim this 28th day of September,
1999.
MAYOR OF THE CITY 0 ANAHEIM
TTEST:
~'f'
~L.t~ CITY CLERK OF TH CITY OF ANAHEIM
32779. 1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 99R-207 was introduced and adopted at a regular meeting provided bylaw, of the
Anaheim City Council held on the 28th day of September 1999, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: Feldhaus, Daly
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R-
207 on the 28th day of September, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 28th day of September, 1999.
L~/!'1'M
.CITY CLERK OF TH ITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, Assistant City Clerk of the City of Anaheim, do hereby certify that the
foregoing is the original of Resolution No. 99R-207 was duly passed and adopted by the City
Council of the City of Anaheim on September 28th 1999.
,CITY CLERK OF TH ITY OF ANAHEIM