Resolution-PC 2005-20~ •
RESOLUTION NO. PC2005-20 :
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0: 2004-04947 BE GRANTED '
(900 EAST ORANGEFAIR LANE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain reai property situated in the City of Anaheim, County of Orange, State of California, '
described as:
PARCEL 1,1N 7HE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 21, PAGE 49, OF PARCEL MAPS, AS RECORDED
IN THE OFFICE OF THE ORANGE COUNTY RECORDER. '
WHEREAS, the Planning Commission did hold a pu6lic hearing at the Givic Center in the
City ofAnaheim 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 ofthe 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 proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.10.030.040 to construct a bridge crane and establish an outdoor
storage yard in conjunction with an existing engineering/contracting business with waivers of following: `
SECTION NOS. 18.42.040 Minimum number of parkinq spaces
20 required; 9 proposed and recommended by the
City recommended by the City Traffic and
Transportation Manager)
2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces
to be provided for such use than the number of such spaces necessary to accommodate all vehicles
attributable to such use under the normal and reasonable foreseeable conditions of operation of such use.`
Based on the field survey conducted at the site, a sufficient parking surplus would exist on-site. The
proposed parking supply will be sufficient to meet the needs of the proposed project;
3. 7hat the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets in the immediate vicinity of the proposed use. , Based on
information provided by the applicant, the proposed nine (9) on-site parking spaces would not produce a
need for parking spaces upon the public streets in the immediate area of the proposed use;
4. That the waiver, under the conditions imposed, will not i~crease the demand for parking '
spaces upon adjacent private property in the immediate vicinity of the proposed use. 7he proposed on-site
parking would not create a demand or competition upon adjacent private property;
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use. The proposed on-site parking will not increase traffic
congestion, noise, air pollution or traffic circulation conflicts within the off-street parking area provided;
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The proposed
Cr\PC2005-020 -1- PC2005-20
~ ~
on-siteparking will not increase traffic congestion, noise, air pollution, or impede vehicular ingress or egress
to or from the adjacent properties, upon the public streets in the immediate vicinity of the proposed use;
7. Thaf the use does not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed #o be located; '
8. That the size and shape of the site is adequate to allow the full development of the use in a
manner' not detrimental to the particular area or to the health and safety;
9.' That the traffic generated by the use does not impose an undue burden upon #he streets and
highways designed and improved to carry the traffic in the area; and
10. That the granting of the conditional use,permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
11. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct a bridge crane'and establish an outdoor storage yard in
conjunction with an existing engineering/contracting business with waiver of minimum number of parking
spaces; and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independent judgment of the lead agency and that ifi has considered the Negafive 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 subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found fo be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. 7hat the property shall be permanently maintained in an orderly fashion through the provision of
regular fandscaping and fence maintenance, asphalt repair, removal of trash and debris, and removal
of graffiti within twenty four (24) hours from time of occurrence.
2. That the existing or new perimeter chain link fencing shall be interwoven with new PVC slats. The
fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public
right-of-way. Said information shall be specifically shown on plans submitted to the Planning Services
Division for review and approval.
3. That no barbed wire or razor wire sha11 be visible in any direction to any non-industrially zoned property
or the public right-of-way.
4. That the ownerlapplicant shall verify the proposed bridge crane is not within the public alley adjacent to
the site (alley corner cut-offl.
5. That the bridge crane shall not contain advertising visible off-site.
6. 7hat no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
7. That any loading and unloading of equipment shall occur on-site only, and shall not take place in any
required parking area o~ within the public right-of-way.
: -2- PC2005-20
~ ~
8. That 4-foot high address numbers shall be displayed on the office roof in a contrasting color to the roof
material. The numbers shall not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department approval -
9. That any oil, fuel or fluid waste products shall be disposed of in a manner consistent with applicable
regulations. ;
10. That two (2) additional 24-inch box sized #rees shall be planted and maintained in a healthy condition
within the front setback; for a total of 7 trees.
11. That the granting of the parking waiver is contingent upon operation of the use in conformance with the
assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking
demand study that formed the basis for approval of said waiver. Exceeding, violating; intensifying or
otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand
study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall
subject this variance to termination or modification pursuant to the provisions of Section 18.60:190 of the
Anaheim Municipal Code.
12 That no washing of vehicles or equipment shall occur on the property:
13. That clear unobstructed access to all'parts of the property shall beprovided at all times as determined
by the Anaheim Fire Department.
14. That the outdoor storage shall be limited to materials and equipment associated with the assembly of
bridge cranes, No other outdoor storage shall be permitted.
15. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos.1, 2, 3, and'4, and as conditioned herein.
16. That prior to issuance of a building permit, prior to the commencement of the activity authorized by this,
resolution or within one (1) year from the date of this resolution whichever occurs first, Condition Nos.
2, 4, 8, and 14, above-mentioned, shall be completed. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
17. That prior to final building and zoning inspections, Condition Nos. 2, 5, 10, and 15, above-mentioned,
shall be complied with.
18. 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 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing 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 revocation of the approval of this application.
-3- PC2005-20
~ :~
THE FOREGOING RESOCUTION was adopted at the Planning Commission meeting of
January 24, 2005. Said resolution is subject to the appeal provisions s t forth in Chapter 18:60,
"Procedures" of the Anaheim Municipal Code pertainingto appeal ced and may replaced by a City
Council Resolution in the event of an appeal. ~
C RMAN, ANAHEIM PLANNING COMMISSION
A T :
S NIO SECR TARY, 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.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION