Loading...
Resolution-PC 2012-088RESOLUTION NO. PC2012 -088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05630 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00093) (1200 NORTH RED GUM STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter "Planning Commission ") did receive a verified Petition to approve Conditional Use Permit No. 2012 -05630 to permit a contractor's outdoor storage yard for that certain real property located at 1200 North Red Gum Street in the City of Anaheim, County of Orange, State of California, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately .38- acres, is developed with a vacant residence and shed. The Property is located in the SP94 -1, D.A. 1 (Northeast Area Specific Plan, Industrial Area) Zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 19, 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 (Procedures) of the Anaheim Municipal Code, 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 WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq., herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations, the proposed project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 with respect to the request to establish an contractor's outdoor storage yard , does find and determine the following facts: 1. The proposed outdoor storage use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.050.050.0545 (Outdoor Storage). - 1 - PC2012 -088 2. The proposed outdoor storage use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as the outdoor storage area is similar to adjacent industrial uses and will be screened from view from the public right -of- way. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor 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 and truck/equipment storage. 4. That 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 SP 94 -1, D.A. 1 (Northeast Area Specific Plan; Industrial Area) zone. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05630 subject to the conditions of approval described 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 conditions of approval may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification or revocation 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 Code. BE IT FURTHER RESOLVED that the Planning Commission 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 condition, 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. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Zoning Code of the City of Anaheim 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. -2- PC2012 -088 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 19, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. U�U Ny CHAIR, ANAHEIM CITY PLA ING COMMISSION ATTEST: ARY, 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 November 19, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of November, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2012 -088 EXHIBIT "A" DEV NO. 2012 -00093 -4- PC2012 -088 00 so ioo Source: Recorded Tract Maps and /or City GIS. v r..t Please note the accuracy is +/- two to five feet. EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012 -05630 (DEV2012- 00093) -5- PC2012 -088 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY GENERAL 1 Prior to the commencement of the business, the site shall be screened with an Planning 8 -foot high chain link fence and PVC slats or similar fencing material to adequately obscure any outdoor storage area as viewed from the public right - of way. 2 The proposed fencing adjacent to the public rights -of -way shall be protected Planning from graffiti through the use of plant materials as required by the Zoning Code. Such landscaping shall be planted in the setback areas adjacent to the public rights -of -way. 3 The applicant shall be responsible for maintaining the area in an orderly Code fashion through the provision of regular maintenance of the property and Enforcement removal of trash or debris. Any graffiti painted or marked upon the premises shall be removed or painted over within 24 -hours of being applied. 4 Within 90 days of the date of this resolution, the outdoor storage area shall be Planning properly graded and a layer of concrete or approved asphaltic material or similar substance shall be applied over the entire surface in accordance with Code requirements. 5 The refuse bins shall be kept closed except during times when the bins are Code being loaded with trimmings. Enforcement 6 In order to secure the location of the recycling bins, bollards shall be placed Public around the recycling bins as approved by Public Works, Streets and Works, Sanitation. Streets and Sanitation 7 A template showing the trash truck circulation shall be provided for review Public and approval by Public Works, Streets and Sanitation Division staff. Works, Streets and Sanitation 8 Address numbers shall be positioned so as to be readily readable from the Code street. Enforcement 9 The outdoor contractor storage lot shall remain lit during night time hours. Code Enforcement -5- PC2012 -088 10 No required parking area shall be fenced or otherwise enclosed for outdoor Code storage. Enforcement 11 Gates shall not be installed across any driveway in a manner which may Public adversely affect vehicular traffic in the adjacent public street. Installation of Works, any gates shall conform to Engineering Standards and shall be subject to Traffic review and approval by the City Traffic and Transportation Manager. Engineering 12 Prior to final building and zoning inspections, the property owner shall Public irrevocably offer to dedicate to the City of Anaheim an easement, 38 foot in Works, width from the centerline of Coronado Street and an easement at the corner Development cutback with Red Gum Street for road, public utilities and other public Services purposes. 13 Prior to final building and zoning inspections, the property owner shall install Public sidewalk, curb and gutter, and driveway on Coronado Street per current Public Works, Works Standard Details. Development Services 14 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 -088