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Resolution-PC 2006-95; • • ' RESOLUTION NO. PC2006-95 A RESOLUTION OFTHEANAHEIM PLANNING COMMISSION TTHAT PETITION FOR CONDITIONAL USE PERMIT N0. 2006-05139 BE GRANTED (2840 EAST CORONADO STREET - AMERICAN ALL STAR TOWING) ; WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated irr the City of Anaheim, County of Orange, State of California, described as: . LOT 5 OF.TRACT 65019, AS PER MAP RECORDED IN BOOK 318, PAGES 21 AND 22 OF MISCELLANEOUS MAPS, W THE OFICEOF THE COUNTY`RECORDER OF SAID ORANGE COUNTY.` ' WHEREAS, the Planning Commission did hold`a public hearing at the Civic Center in the City of Anaheim on October,30, 2006, at 2:30 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 18.60, 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, tloes find and determine the following facts 1. Tha# the proposed request to permit a vehicle impound yard in conjunction with an existing towing company use is' properly one for which a conditional use permit is authorized'by Anaheim Municipal Code Section 18.120.050.050.0544. 2. That the use does not adversely affect the adjoining land uses or the growth and development of the area in which it is roposed to be located as the surrounding land uses are developed with similar industrial land uses; 3. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 4. That the traffic generated by the use does not impose an undue burden upon the streets and - highways designed and improved to carry the traffic in the area; and 5. 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. 6. 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 The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. - 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 to be a necessary prerequisite to theproposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: Cr\PC2006-95 -1- , pC2006-95 ' i: • 1. `fhat the gates on-site shall be open and unlocked during business hours during the loading/unloading of product delivery vehicles and securely locked after business hours. The gate and perimeter fencing fior the: impound area shall comply with the requirements of Chapter 18.38 of the zoning code' pertaining to screening of outdoor uses. 2. That the property shall be permanently maintained in an orderly fashion through the provision of regular tandscaping and fence maintenance, asphalt repair, removal of trash and debris, and removal of graffiti within twenty four (24)hours from time of discovery. ' 3. That barbed wire or razor wire shall not be visible in any direction to any non-industrially zoned property or the public right-of-way. ' , 4. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 5. That all gasoline, oil, or other liquids shall be drained and removed from any unregistered vehicle located in the storage impounded_ vehicles area. ' 6. That any loading and unloading of vehicles shall occur on'site only, and shall not take place in any required parking area or within the publicright-of-way. 7. That washing of vehicles or equipment shall not occur on the property. 8. That the outdoor storage`shall be limited to the impounding of vehicles as indicated in the submitted ` ' Ietter of operation: No other outdoor storage shall bepermitted and the property shall not be used for a salvage, dismantling or junkyard. 9. That the height of the outdoor storage shall not exceed the height of the perimeter fencing as required by code. 10. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476`or an approved alternative, which shall be shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approva{. 11. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities bythe use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval. 12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division far ceview and approval. : 13. That the address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. 14. That 4-foot high address numbers shall be displayed on the roof of the Building in a confrasting 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 15. That adequate lighting of parking lots, shipping and receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of su~cient wattage to provide adequate illumination to make clearly visible the presence of any person -2- : PC2006-95 • i on or about the premises during the hours of darkness and provide a safe, secure environment for a11 persons, property, and vehicles on-site. 16. That an Emergency Listing Card, Form APD-281' must be filed with the Police Department, available at the Poiice Department front counter. 17. That subject property shall be developed substantially in accordance withplans and specifications submitted to the City ofAnaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 2, and`as conditioned herein. 18. That prior to the commencement of the activity authorized by this permit, or within a period of one (1) year, whichever occurs first, Condition Nos. 3, 10, 11, 12, 13, 14, and 15, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03:090 of the Anaheim MunicipaL 19. That prior to commencement of the impound operation, Condition Nos. 16 and 17 above-mentioned, shall be complied with. 20. That approval of this application constitutes approval of the proposed requesf 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 anyaction or findings as to compliance or approval of the `,request regarding any other applicable ordinance, regulation or requirement 21. That fiming 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use orapproved development. 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 nufl 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 15 days of the issuance of the final invoice or prior to the commencement of the activity, whichever occurs first. Failure to pay all charges shaU result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 30, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL CHA MA , ANAHEIM ANNING COM ION ATTEST: / ~ Cni~/~'4 . ~! f/~ 9~'+'~-~ f ~ - ~ ~ , . . ~ ~ ~ ~ ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION : _3- PC2006-95 • • _ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) : I, Eleanor Morris, Senior Secretary of the Anaheim Planning Comm+ssion, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning,Commission held on October 30, 2006, by the following vote of the members thereof: : AYES: COMMISSIONERS`. BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of fvo ~P~ ~~r, 2006. ~~ = 1^~'L,,.-v~.,.L. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION