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Resolution-PC 2012-040RESOLUTION NO. PC2012 -040 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012 -05600 (DEV2012- 00033) (710 EAST WILHELMINA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012- 05600, pursuant to Section 18.60.190 of the Anaheim Municipal Code, to permit a contractor's outdoor storage yard and modular trailer building for certain real property located at 710 East Wilbelmina Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the "Property "); and WHEREAS, the Property is currently developed with a 280 square foot modular trailer building and outdoor storage yard; the zoning is Industrial (I); and the Anaheim General Plan designates the Property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012- 05600, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning 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 pertaining to the request for Conditional Use Permit No. 2012 - 05600, does find and determine the following facts: 1. The request to allow the proposed outdoor storage use is properly one for which a conditional use permit is authorized under Section 18.10.030.010 (Outdoor Storage) of the Anaheim Municipal Code. 2. The request to allow the proposed outdoor storage use and modular trailer would not adversely affect the surrounding land uses and the growth and development of the area because the Property is similar to adjacent industrial uses to the north and south and the outdoor storage will not be visible from the public right -of -way. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because the outdoor storage use and activities will be screened from view from the public right -of -way and sufficient parking will be provided to accommodate employees, customers, and truck/equipment storage. - 1 - PC2012 -040 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of cars and trucks entering and exiting the site are consistent with typical industrial businesses that would be permitted as a matter of right within the I (Industrial) zone. 5. Granting Conditional Use Permit No. 2012 -05600 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the proposed project represented by the adoption of Conditional Use Permit No. 2012 -05600 falls within the definition of Categorical Exemptions, Class I (Existing Facilities), as defined in the State CEQA Guidelines, and is, therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 - 05600, including, specifically, the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05600 is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2012 -05600 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 18, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of th naheim Municipal Code pertaining to appeal procedures and may be replaced by a City Coun 'l Resolution in the event of an appeal. CHAIRMAN, COMMISSION -2- PC2012 -040 ATTEST: SENIOR SEeRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 June 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, LIEBERMAN, PERSAUD, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL, RAMIREZ IN WITNESS WHERE have hereunto set my hand this 18 day of June, 2012. SENIOR SECVETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -040 EXHIBIT "A" DEV NO. 2012 -00033 W H Mil -4- PC2012 -040 mo ® � Source: Recorded Tract Maps and /or City GIS. r.,�, Please note the accuracy is +I- two to five feet. EXMBIT `B" CONDITIONAL USE PERMIT NO. 2012-05600 (DEV2012- 00033) -5- PC2012 -040 REVIEW BY SIGNED NO, CONDITIONS OF APPROVAL OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Trash storage areas shall be provided and maintained in a location acceptable Public Works, to the Public Works Department and in accordance with approved plans on file Planning with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers or tall shrubbery. 2 Within 90 days of the date of this resolution, the outdoor storage area shall be Planning properly graded with a layer of gravel at least one -inch thick, or a layer of concrete or approved asphaltic material or similar substance over the entire surface in accordance with Code requirements. 3 Within 90 days of the date of this resolution, the existing barbed wire on top of Planning the fencing along the public alley shall be removed in accordance with Code requirements. 4 Within 90 days of the date of this resolution, clinging vines and an irrigation Planning system shall be installed adjacent to the existing fence along the public alley. 5 Within 90 days of the date of this resolution, a building permit for the existing Building modular trailer building shalt be obtained from the Building Division. 6 Gates shall not be installed across any driveway in a manner which may Public Works, adversely affect vehicular traffic in the adjacent public street or alley. Traffic Installation of any gates shall conform to Engineering Standards and shall be Engineering subject to review and approval by the City Traffic and Transportation Manager. 7 The handling of hot asphalt material shall not be permitted on the property. Code Enforcement PRIOR TO FINAL BUILDING AND ZONING INSPECTION 8 Fire lanes shall be posted with "No Parking Any Time." Said information shall Fire be specifically shown on plans submitted for building permits. -5- PC2012 -040 GENERAL 9 The applicant shall be responsible for maintaining the area adjacent to the Code premises over which they have control, in an orderly fashion through the Enforcement provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 10 Any existing scrim attached to the chain link fencing adjacent to the public Code alley must be continuously maintained and any torn or damaged scrim shall be Enforcement replaced immediately. 11 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), and as conditioned herein. -6- PC2012 -040