Resolution-PC 2008-119RESOLUTTON NO. PC2008-119 _ . _
A RESOLUT30N OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXHMPTION SECTION 15301 CLASS 1
(EX3STING FACILITIES) AND APPROVING A RE[NSTATMENT OF
COND[TIONAL USE PERMIT NO. 2005-05039, AND AMENDING
CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-154
(TRACKING NO. CUP2008-Q538a)
(9 L7 EAST ~ENE AUTRY WAl~
WHEREAS, on November 14, 2005, the Anaheim City Planning Commission, adopted
Resolution No. PC2005-154 granting Conditional Use Permit No. 2005-05039 to permit an outdoor
storage yard withaccessory equipment and vehicle maintenance at 917 East Gene Autry Way; and that
Condition No. 1 oFsaid resolutio~ specifies that the use is approved for a period of three years to
expire on November 14, 2008; and
WHEREAS, this property is currently developed with an outdoor storage yard, the
underlying zoning is Industrial (I) zone, Flatinam Triangle Mixed Use (PTMU) Overlay, the Anaheim
General Plan designates this praperty For Mixed Use land uses; and
WHEREAS, the Anaheim City Planning Commission did recaive a verified Petition for
Reinstatement of Conditional Use Permit No. 2005-05039, to modify or delete a condition of approval
pertaining to a time limitation to retain a previously-apprpved outdoor storage yard with accessory
equipment and vehicle maintenance pursuant to Code Section No. 18.60.180 of the Anaheim
Municipal Code For certain real property situated in the City of Anaheim County of Orange, State of
Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this reference.
WHEREAS, the Planning Commission did hoid a public hearing at the Civic Cenker in
the City of Anaheim on December 8, 2008, 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 "Procedures", to hear and consider evidence For and against said proposed amendment
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. The facts necessary to support each and every finding for the original approval of the
entitlement as set forth in this chapter exist.
2. The permit is being exeroised substantially in the same manner and in conformance
with all conditions and stipulations originally approved.
3. The permit is being exemised in a manner not detrimental to the paRicular area and
surrounding land uses, npr to the public peace, health, safety and general welfare. '
PC2008-119
4. With regard only to the delerion of a time limitation, such deletion is appropriate _
because it has been demonstrated that the use has operated in a manner that is appropriate in the
underlying zone and the surrounding area.
5. That the existing use at the time of apgrova] was properly one for which a conditional
use permit was authorized by the Zoning Code.
6. That the use, as reinstated and amended, will not adversely aFfect the adjoining land
uses and the growth and development of the area in which it is located.
Z That the size and shape of the site for the existing use is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety.
8. T6at the traffic generated by the existiug use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the facility is
unmanned.
9. That the granting of the reinstatement of the conditional use pemut under the conditions
imposed, if any, will not be detrimental to the health and safery of the citizens pf the City of Anaheim.
10. That no persons indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED, the proposed projeck falls within the
dafinition of Categprical Exemptions, Secrion 15301, Class 1(Existing Facilities) as defined in the
State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional
environmental documentation.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabpve stated does hereby approve the proposed reinstatement of Conditional Use Permit
No. 2005-05039 to permit an outdoor storage yard with accessory equipment and vehicle maintenance
on property located at 917 East Gene Autry Way as requested by theapplicant.
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in
their entirety, the conditions of approval adopted in connection with Planning Commission Resolution
No. PC2005-154 and as adopted in connection with Conditional Use Permit No. 2005-05039, to delete
the time limitation and to read as shown in Exhibit "B" aYtached hereto and incorporated herein by this
reFerence, which conditions are hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health and safety of the citizens of the City of Anaheim.
BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No.
PC2005-154 remains in full force and effect.
BB IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or duration of the use. Amendments, modifications and revocation~'of this pennit
may be processed in accordance with Chapters 18.60.190 (Amendment to Pemut Approval) and
18.60.200 (City-Initiated Revocation or Ivlodification of Permits) of the Anaheim Municipal Code.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does _.
hereby Find and determine that adoption of this Resolution is expressly gredicated upon applicanPs
compliance with each and all of the conditions hereinabove set forth. ShouM 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 vbid.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within l5 days of the issuance of the
Final invoice. Failure to pay all charges shall result 1n the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 8, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Prpcedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by
a City Council Resolution in the event of an appeal.
~
CHAIRMA , NA EIM PLANN G COMMISSION
ATTEST:
~
~~
SECRETARY, ANAHEIM 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 Planning
Commission held on December 8, 2008, by the following vote of khe members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISS[ONERS:
KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMIREZ, BUFFA
I have hereunto set my hand this ~~ day oF
,
iN WITNESS WHEREOF
Aecember, 2008.
SECRETARY, ANAHE[M PLANNING COMMISSION
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EXH[B[T "A" _ .___
CONDIT[ONAL USE PERMIT NO. 2005-05039
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PC2008-I19
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2005-05039
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MQNITORING
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1. That vehicle repair shall be limited to the service and construction Code Enforcement
vehicles related to this business and shall be conducted within a
building. No other vehiele sales, rental, washing, detailing and/or
salvage shall be peanitted.
2. That any tree planted on-site shall be replaced in a timely manner in the Code Enforcement
event that it is removed, damaged, diseased, and/or dies.
3. ' That the property s6all be permanently maintained in an orderly fashion Code Enforcement
through the provision of regular landscaping maintenance, removal of
trash or debris, and removal of graffiti within twenty four (24) hours
from time of occunence.
4. That no barbed wire or razor wire shall be visible in any direction to any Code Enforcement
non-industrially zoned property or the public right-of-way.
5. That the outdoor storage shall not exceed the height of the perimeter Code Enforcement
fencing and shall not be visible to any adjacent public right-of-way.
6. That no required parking area shall be fenced pr otherwise enclosed for Code EnForcement
outdoor storage use.
7. That any loading and unloading of materials shall occur on-site only, Code Enforcement
and shall not take place in any required parking area or within the public
right-of-way.
1 l That subject property shall be developed substantially in accordance Planning
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 No. 1 through 3 and as conditioned herein.
l2 That approval of this application constitutes approval of the proposed Planning
request only to the extent Chak 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.
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