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2000-234RESOLUTION NO. 2000R-234 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2000- 04224, IN PART 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 self-storage facility upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 29 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP MADE BY WILLIAM HAMEL, FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF BROAD STREET, WITH THE CENTER LINE OF CITRON STREET, AS SHOWN ON SAID MAP. SAID CITRON STREET HAVING SINCE BEEN ABANDONED BY ORDER OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, AND RUNNING THENCE WESTERLY ALONG THE CENTER LINE OF BROAD STREET, 160 FEET; THENCE SOUTHERLY, PARALLEL WITH THE CENTER LINE OF CITRON STREET, 133 FEET; THENCE EASTERLY, PARALLEL WITH THE CENTER LINE OF BROAD STREET TO THE CENTER LINE OF CITRON STREET; THENCE NORTHERLY ALONG THE CENTERLINE OF CITRON STREET 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. 2000-97 granting, in part, Conditional Use Permit No. 2000-04224; 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. 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 -2- 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, the action of the City Planning Commission granting, in part, said conditional use permit be, and the same is hereby affirmed, and that Conditional Use Permit No. 2000-04224 be, and the same is hereby, granted permitting a self-storage facility on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: (a) Sections 18.04.040.020- 18.44.063 and 18.44.063.050 ReQuired setback adjacent to a freeway. (minimum 10-foot wide landscaped buildinq setback required; 4.5 to 5 feet proposed from the I-5/Santa Ana Freeway) (b) Section 18.44.063.040- Required interior setback adjacent to a residential zone boundary. (minimum 10 to 12foot landscaped buildinq setbac~ required; none to 4 feet proposed from RS-3000 (Residential, Multiple Family) zoning to the southeast) subject to the following conditions: That all backflow equipment shall be located above ground and behind the street setback in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or behind the minimum street setback in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for building permits and be subject to review and approved by the Water Engineering and Cross Connection Control Inspector. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement twenty (20) feet in width for water service mains and/or an easement for large meters or fire lines. That three (3) foot high street address numbers shall be displayed on the roof of the building in a color contrasting -3- o o 10. to the roof material. The numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. That exterior lighting fixtures shall be decorative and shall down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall 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. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing how the vehicle security gates and vehicle turn-around area will function. Said information shall be specifically shown on plans submitted for building permits. 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 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. That no outdoor storage or display whatsoever shall be permitted on subject property. That trash storage areas 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 areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or the freeway. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials 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. That a 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. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be -4- 11. 12. 13. 14. 15. 16. specifically shown on plans submitted for building permits. That the property owner shall provide the City of Anaheim with a public utility easement to be determined before electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. That the property owner shall verify the existence of appropriate utility easements for the existing electrical facilities or shall grant utility easements to the City of Anaheim as required. That the developer/owner shall submit to the Water Engineering Division of the Public Utilities Department an estimate of the maximum fire flow rate and the average day, maximum day, and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be in accordance with Rule No. 15A6 of the Water Utility Rates, Rules and Regulations. That water improvement plans shall be submitted to the Water Engineering Division for approval; and that a performance bond in the amount approved by the City Engineer and in a form approved by the City Attorney shall be posted with the City of Anaheim. That the self-storage facility shall be limited to four hundred ninety six (496) self-storage units; and that the facility shall be controlled through the use of electronically programmed gates and access doorways. Said gates and doorways shall be specifically shown in plans submitted for building permits. That a landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Said landscaping plans shall include a minimum three (3) foot wide landscaped planter adjacent to the public alley with minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers. The landscaped planter adjacent to the freeway shall include shrubs, hedge materials and shall also include additional broad-headed trees to alternate with the palm trees. Any decision made by the Zoning Division regarding said landscaping and irrigation plan may be appealed to the Planning Commission and/or City Council. -5- 17. 18. 19. 20. 21. 22. 23. That the 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 twenty four (24) hours from time of occurrence. That the location(s) 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 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 shall be subject to review and approval by the appropriate city departments. (a) That the hours of operation for the self-storage facility shall be limited to 7 a.m. to 7 p.m. daily. (b) That there shall be no outdoor storage permitted at any time in connection with the self-storage facility. That following adoption of this resolution (approving Conditional Use Permit No. 2000-4224, in part), the property owner shall pay the cost of Code Enforcement inspections as often as necessary until the subject property is brought into compliance, or as often as deemed necessary by the Code Enforcement Division to gain and/or maintain compliance, with state and local statutes, ordinances laws and/or regulations. That emergency vehicle access shall be provided and maintained in accordance with Fire Department specifications and requirements. (Proposed Condition No. 22 was deleted at the Planning Commission public hearing.) That signage for subject facility shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signs shall be subject to review and approval by the Planning Commission as a ~Rep0rts and Recommendations" item. That with the exception of one (1) grand opening event, which shall not to exceed thirty six (36) days, no display of banners or other temporary advertising devices shall be permitted, and no special events as defined in Section 18.01.200 of the Anaheim Municipal Code shall be permitted on-site in conjunction with the self-storage operation. -6- 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. (Proposed Condition No. 25 was deleted because the proposed truck rental facility was denied.) (Proposed Condition No. 26 was deleted because the proposed truck rental facility was denied.) That prior to commencing operation of the self-storage facility, a valid business license shall be obtained from the Business License Division of the Finance Department. That plans submitted for building permits shall incorporate five (5} foot high wall (as measured from inside the property) on the property side of the landscaped planter adjacent to the freeway to effectively screen the roll-up doors from the motorists' view. That the exterior finish for Building "B" shall consist of Orco split-face concrete masonry blocks to match the adjacent CalTrans sound wall. Said information shall be specifically shown on plans submitted for building permits. That this conditional use permit is granted subject adoption of a zoning ordinance in connection with Reclassification No. 2000-25, now pending. to 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 through 4, Revision No. 1 of Exhibit No. 5, and Exhibit Nos. 6 through 9, and as conditioned herein; provided, however, that the truck rental facility is denied and shall not be permitted. 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. 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 28, 29 and 30, 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. That prior to final building and zoning inspections, Condition Nos. 21 and 31, above-mentioned, shall be with. complied That approval of this application constitutes approval of the proposed request only to the extent that it complies with the -7- 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 7th day of November, 2000. M~YOR OF THE~CITY OF ANAHEIM ATTEST: C~'Y CL~RK OF THE CITY OF ANAHEIM 37856.1 -8- 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. 2000R-234 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of November, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, NOES: MAYOR/COUNCIL MEMBERS: McCracken, Daly ABSENT: MAYOR/COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 7th day of November, 2000. cI-r'Y"'~LERI~0F THE CITY OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 2000R-234 was duly passed and adopted by the City Council of the City of Anaheim on November 7th, 2000. CI'F~ CLERK (~F THE ~TTY OF ANAHEIM