Resolution-PC 2000-36•
RESOLUTION NO. PC2000-36
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPR~VING CONDITIONAL USE PERMIT NO. 4002
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC98-25,
AS AMENDED BY RESOLUTION NOS. PC99-88 AND PC99-218, ADOPTED THEREWITH,
FOR TWO YEARS TO EXPIRE FEBRUARY 18, 2002
WHEREAS, on February 18, 1998, Resolution No. 98-25 was adopted by the Anaheim City
Planning Commission to approve Conditional Use Permit No. 4002 and permit a large equipment storage
and rental yard at 1801 East Ball Road for a period of two years; and that Condition No. 2 of said
resolution specified that the use shall expire on February 18, 2000; and
WHEREAS, on May 24, 1999, the Planning Commission conducted a public hearing to
consider whether subject use permit should be revoked or modified based on repeated complaints from
residents in the apartment complex to the north; that staff investigations indicated that the business was
being conducted so as to be detrimental to the public health and safety and constituted a public nuisance;
and that upon considering the evidence including the public testimony received, Commission adopted
Resolution No. 99-88 to amend the conditions of approval in the aforementioned Resolution No. 98-25,
and specifically Condition No. 6 was amended regarding the hours of operation and finro new conditions
(Nos. 25 and 26) were added, and that Condition No. 26 specified the following:
"26. That six (6) months from the date of this resolution, this conditional use permit shall
be reviewed at an advertised public hearing for compliance with the conditions of
approval and with other city and state laws and regulations to determine whether
the Planning Commission should further modify or terminate subject use permit."
WHEREAS, on December 6, 1999, Resolution No. 99-218 was adopted by the Planning
Commission to delete the aforementioned Condition No. 26 in its entirety because it was determined that
the business was operating in conformance with subject use permit; and
WHEREAS, this property is developed with a large equipment storage and rental yard
(Hertz Equipment Rental) in the ML (Limited Industrial) zone; and that the Anaheim General Plan Land
Use Element designates this property for General Industrial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which
expired on February 18, 2000, to retain the large equipment storage and rental yard pursuant to Code
Section 18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 27, 2000, 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 amendment and to investigate and make
findings and recommendations in connectio~n therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideratio~ 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
the Anaheim Municipal Code.
2. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
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3. That the traffic generated by the use wiil not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
4. That reinstating this conditional use permit, as conditioned herein, will not be detrimental
to the peace, health, safety and general wel'fare of the citizens of the City of Anaheim.
5. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
6. That reinstating this conditional use permit, as conditioned herein, to permit the use for
an additional period of time will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located because no changes have occurred to the approved use
which contradict the original findings for approval.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land use, nor to the public peace, health, safety and general welfare; and
that Code Enforcement staff has indicated there are no pending violations for this property. ,
8. That no one indicated their presence at the public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to retain a large equipment storage and rental yard on
property consisting of 1.5 acres having a frontage of 179 feet on the north side of Batl Road and a
maximum depth of 311 feet, being located 490 feet west of the centerline of State College Boulevard, and
further described as 1801 East Ball Road (Wertz Equipment Rental); and does hereby determine that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 4002 is
adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has
considered the previously approved Negativ~e Declaration together with any comments received during
the public review process and further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC98 25, as amended by Resolution Nos. PC99-88 and PC99-218,
adopted in connection with Conditional Use Permit No. 4002, to reinstate this conditional use permit for a
period of two years to expire on February 18, 2002.
AND BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval of Resolution No. PC98-25, as amended, in their entirety to read as follows:
That outdoor storage shall be limited to equipment available for sale, rent or lease, and that said
storage shall be located in the areas designated on Exhibit No. 1. No other materials shall be
stored outside.
2. That this conditional use permit shall expire finro (2) years from the date of this resolution, on
February 18, 2002.
That signs for this facility shall be limited to those identified on the exhibits submitted by the
petitioner and approved by the PlannNng Commission; and that the proposed monument sign shall
include minimum nine inch (9") high I~tters identifying the address of the subject property in
compliance with Code requirements. Any additional signs shall be subject to approval by the
Planning Commission as a"Reports and Recommendations" item.
4. That no outdoor activities shall occur in the storage yard before 7:00 a.m.
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5: That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/ar dies.
6. That all vehicle and equipment repair shall be conducted wholly inside the building.
7. That no barbed wire shall be permitted where it would be visible to non-industrially zoned properties
or to the public rights-of-way.
8. That the front loading doors shall remain closed when not in use.
9. That the chainlink gates shall remain unlocked and closed when not in use during business hours to
provide vehicular and pedestrian access to the required on-site parking.
10. That no required parking area shall be used for outdoor storage.
11. That a minimum eight (8) foot wide planter area shall be maintained adjacent to the north property
line. Said planter shall be landscaped', fully irrigated, and maintained with a minimum of twenty five
(25), equally spaced, twenty-four inch (24") box sized, broad headed trees. ~
12. That equipment storage areas shall be limited to the areas designated on Exhibit No. 1, north of the
"equipment staging" and "loading" areas. Only small fork lifts, aerial lifts and earth moving
equipment shall be parked near the north property line. All other rental equipment shall be parked
adjacent to the east and west property lines. No display of equipment, including mechanical lifts,
shall be visible to Ball Road.
13. That all equipment scheduled for early morning delivery shall be moved to the "equipment staging
area" or the "equipment loading area" before closing time on the day before scheduled pick-up.
14. That large diesel tractors with trailers wsed to deliver rental equipment shall be loaded only in the
"equipment loading area," as designated on Exhibit No. 1.
15. That the property owner shall pay the cost of Code Enforcement inspections in response to any
complaints which are verified as violations of Code requirements or the conditions of approval of
subject Conditional Use Permit No. 40'02. The maximum fee shall not exceed the cost of one (1)
inspection per month.
16. That PVC (polyvinyl chloride) slats shall be interwoven into the chainlink gates; and that the gates
and PVC slats shall be maintained in good condition at all times.
17. That clinging vines shall be planted, irrigated and maintained on maximum three (3) foot centers
adjacent the block wall facing Ball Road, in compliance with Code requirements.
18. That this 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 the Planning
Department marked Exhibits Nos. 1 through 4, and as conditioned herein.
19. That prior to commencement of the activity authorized by this resolution or within a period of one (1)
year, whichever occurs first, Condition Nos. 11, 16, 17 and 18, above-mentioned, shall be complied
with.
20. That except for the existing wash rack, which shall either discharge into the sanitary sewer or on-
site containment basin, no work on ve!~icles or parts shall be permitted anywhere outside the
building, including detailing, painting, maintenance, washing, repair, or other similar automotive-
related work.
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21. 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 Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION w adopted at the Planning Commission meeting of
March 27, 2000. / i~ ~ ~
~RSON PRO TEMPORE,
M CITY PLANNING COMMISSION
ATTEST:
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, 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 March 27, 2000, by th~ following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
' IN WITNESS WHEREOF, I have hereunto set my hand this _s%L_ day of
, 2000.
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SECRETARY, AN EIM C~TY PLANNING COMMISSION
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