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Resolution-PC 2005-17~ ~ RESOLUTION NO. PC2005-17 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0: 2004-04946 BE GRANTED (1448, 1450 AND 1460 NORTH RED GUM STREET; 2961 EAST LA JOLLA STREET). ' WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain'real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1: THAT PORTION OF LOT 1 IN BLOCK 6 OF THE GOLDEN STATE ' 'TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF 'SAID ORANGE COUNTY, SHOWN AS PARCEL 1 ON A MAP FILED IN BOOK 1, PAGE 38 OF PARCEL MAPS, RECORDS OF SAID-0RANGE GOUNTY. EXCEPT THAT PORTION LYING WITH IN THE LAND DESCRIBED IN DEED TO THE ` ORANGE COUNTY FLOOD'CONTROL DISTRICT RECORDED FEBRUARY 3, 1980 IN BOOK 5617, PAGE 190 OF OFFICIAL RECORDS OF SAID ORANGE THAT PORTION SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS LOT 31N BLOCK 6 IN THE GO~DEN STATE TRACT, AS SHOWN -0N A MAP RECORDED - IN BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA THAT PORTION OF LOT 1, BLOCK 6 OF THE GOLDEN STATE TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 67 'OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, EXCEPTING THEREFROM THE SOUTHERLY 130.00 FEET OF THE WESTERLY 148.63 FEET. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 24, 2005, at 2:00 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 18.60 . `Procedures", 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, said 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, does find and determine the following facts 1. That the request to permit the expansion of outdoor storage of automobiles is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.120.050.0545 . 2. That the proposed use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the proposed use is adequate to allow fuU development of the use in a manner not detrimental to the particular area nor to the public hea{th and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the ' streets and highways designed and improved #o carry the traffic in the area because the site contains ample area for auto haulers to maneuver and unload vehicles entirely on the property. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim. Cr\PC2005-017 =1- PC2005-17 ~ ~ 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in oppositionto the subject petition. , CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING`. That the Anaheim Planning Commission has reviewed the proposal to expand an outdoor auto storage facility; and does hereby approve the Negative Declaration upon finding that the decfaration reflects the independent judgment of the lead agency and that it has considered the Negative 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 Planning Commission does hereby grant subjec#Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite totheproposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That the property shall be permanentlymaintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 2. That the property owner shalf submit a letter to the Planning Services Division requesting termination of Conditional use Permit No. 3408 (to retain a temporary office trailer), Conditional Use PermitNo. 2331 (to retain a used auto storage, contractor's storage yard and fertilizer manufacturing), Conditional Use < Permit No. 121.9 (to permit an outdoor automobile dismantling yard), Conditionaf UsePermit No. 630 (to permit the continued operation of landscape contractor's storage yard), Conditional use Permit No. 1153 (to establish a heavy equipment storage yard) and Conditional Use Permit Na 1489 (to permit the outdoor storage of automobiles with waiver of minimum number of parking spaces). 3. That prior to commencement of the storage of vehicles within the expanded area all surfaces shall be ' paved, including the 4,500 square foot area which contains crushed rock. The surfaces of the entire expanded site shall be properly maintained. 4. That all existing and new chain link fencing and gates shall be interwoven with PVC slats. The fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public right-of- ' way. Any proposed gates shall also be interwoven with PVC slats. Said information shall be specifically shown on plans submitted to the Planning Services Division for review and approvaL 5. That no barbed wire, razor wire or similar security wire shall be visible in any direction to any non- industrially zoned property or any public right-of-way. 6. That the outdoor storage of automobiles shall not exceed the height of the perimeter fencing and shall not be visible off site. 7. This condition was deleted at the meeting. 8. That no advertising including advertisements placed directly on the automobiles shall take place at this location. 9. That plans shafl 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 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 10. That gates shall not be installed across the driveway in a manner, which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan Na 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager. : -2- PC2005-17 ~ ~ [REVISED] 11. That no required customer parking area shall be fenced or otherwise enclosed for outdoor storage use. _. 12. Thaf any loading and unloading of vehicles shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. 13. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing`water serv+ces and fire lines, shall be coordinated through Water Engineering _ Division of the Anaheim Public Utilities Department, : 14. That adequate iighting of parking lots, driveways, circufation areas, and grounds contiguous to buildings shall be'provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence'of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite. Thaf the minimum IightingJevel in all parking lots shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1. Said information shall be specifically shown on plans submitted for Police Department, Community Services bivision approvaL 15: That a Burglar/Robbery Alarm permit application, Form APD 515 and a Fire Emergency Listing Card; Form APD-281, shall be obtained from the Police Department and submitted in a complete;form. 16. That no activity other than automotive vehicle storage shall occur on the property. No live vehicle auctions, repair, sales, rental, washing, detailing and/or salvage/dismantaling shall be permitted. 17. That no signage (other than the business name and address) shall be permitted. 18. That prior to demolition of any buildings on the property, a demolition permit shall be obtained from the Building Division. 19. That no retail sales and/or live auctions shall occur on the property unless a request to amend this conditional use permit is approved by the Planning Commission at a noticed public hearing. 20. That one (1), 24-inch box sized tree shall be planted for every twenty (20) feet of street frontage along Red Gum Street and La Jolla Street. All on-site landscaping shall be served by permanent irrigation and maintained in a professional manner with regular maintenance. Any dead or diseased landscaping shall be replaced in a timely manner. , 21. 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 and 2 and as conditioned herein. 22. That prior to the commencement of the activity authorized by the resolution, or within one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 9, 10, 1~, 15, 20 and 21 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code. 23. 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 applicabfe ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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 -3- PC2005-17 ~ • 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 FUR7HER RESOLVED that the applicant is responsible for paying all charges related to theprocessing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocafion of the'approval of this application. 7HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 24, 2005. 'Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal proc ures and may b eplaced by a City Council Resolution in the event of an appeaL RM , ANAHEI LANNING COMMISSION TT : ENIO S CRETARY, ANAHEIM PLANNING COMMISSION ' STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ' I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 24, 2005 by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: TWO VACANCIES IN WITNESS WHEREOF, I have hereunto set my hand this _~~ day of - , 2005. SENIO SECRETARY, ANAHEIM PLANNING COMMISSION