Resolution-PC 99-132RESOLUTION NO. PC99-132
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4106 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permlt for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT 15 OF EUCALYP7US FOREST TRACT, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 5, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF
T COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 19, 1999 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, Cha~ter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recor.~mendations in connection therewith; and that the hearing was conti~ued from the
meetings of May 10, and June 21, 1999; and
WHEREAS, said Commission, after due inspection, investigation and study made by
its~if and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does Fnd 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 Sections 18.110.050.050.0504, 18.110.050. 050.0505 and 18.11Q.050.050.0524
to permit and retain an outdoor construction equipment rental and storage facility including the washing
and maintenance of the equipment.
2. That the proposal is located in Development Area 1(Industrial Area) of the Northeast
Area Specific Plan; and that this property has been utiiized for a similar use under Conditional Use
Permits Nos. 2059 and 2510.
3. That the proposed use will not adversely affect the adjoinir~g Iand uses an~ the growth
and development of the area in which it is proposed to be located because all of the equipment storage
and related maintenance activities will be located behind existing fencing.
4. That the size and shape of the site for the proposed use is adequate t~ allow the full
development of the proposed use in a manner not detrimental ko the particular area nor to the peace,
health, safery, and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and Fiighways designed and improved to carry the traffic in ti ~e area becausa the proposed use wi~l
not have a high traffic demand since it is primarily a storage type of facility and has a limited number of
employees (13 persons).
6. That granting of this corditional use permit, under the conditions imposed, wiil not be
detrim~ntal to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing fn opposition; and that no
correspondence was received fn opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anahelm City
Planning Commission has reviewed the proposal to permit and retain an outdoor construction equipment
CR3693PK,DOC -1- PC99-132
rental and storage facility including the washing and maintenance of the equipment on a 0.86 acre
irregularly-shaped property having a frontage of 132 feet on the south side of Miraloma Avenue, a
maximum depth of 285 feet and being located 620 feet west of the centeriine of Red Gum Street (2898
East Miraloma Avenue - Ideal Equipment Rental); and does hereby approve the Negative Declaration
upon finding that the declaration 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 initiai 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 17 RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the follawing conditions vihich are
hereby found to be a necessary prerequisi:e 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. That subject use permit shall expire on December 1, 2000 concunent with the exisiing lease
agreement. If reinstatement is requested, the Planning Commission will consider a condition of
apFroval to require construction of a minimum ten (10) foot wide landscaped setback adjacent to
Miraloma Avenue, which setback shall include a minimum three (3) foot high landscaped earthen
berm and minimum twenty four (24) inch box trees planted on maximum twelve (12) foot centers.
2. That gates shall not be installed across any driveway in a manner which may adversely affect
vehicular traffic on the adjacent public streets. Installation of any gates shall conform to
Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Tra~c
and Transportation Manager.
3. That the gates leading into tiie equipment storage area shall remain closed to screen this area
unless in use for business operations. Information identifying how these gates will be screened
shall be submitted to the Zoning Uivision for review and approval.
4. The proposed Condition No. 4 tvas deleted at the P/anning Commission public hearing.
5. That the legal owner of this property shall provide the City cf Anaheim with a public utilities
easement to be determined as electrical design is completed. Said easement shall be submitted
to the City of Anaheim prior to issuance of building permits.
6. That any rzquired relocations of City electrical equipment shall be at the developer's expense.
7. That the operations at this property shall conform to the letter of operation (dated December 16,
1998), the information included in the staff report to the Planning Commission dated June 21,
1999, item 4, and as conditioned herein.
8. That the on-site washing of vehicles shall be limited to the concrete wash rack area designated on
the approved plan; and that only steam cleaning shall be permitted.
9. That a detailed plot plan showing all the buildings, compliance with Municipal Code requirements
for parking, required landscaped areas, and the trash enclosure location, s~ra!! be submitted to the
Zoning Division for review and approval.
10. That building permits shall be obtained for any structures which are currently un-permitted. These
structures shail either conform to ail Code requirements or shall be removed.
11. That detailed exterior lighting plans shall be submitted to the Police Department, Communfty
Services Division, for review and approval.
12. That plans shall be submftted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
CR3693PK.DOC -2- PC99-132
and 602 pertaining to parking standards and driveway iocations. Subject property shall thereupon
be developed and maintained in conformance with said plans.
13. That an on-site trash truck tum around area shall be provided in compliance with Engineering
Standard Detail No. 610 and shall be shown on plans as required by the Department of Public
Works, Street Sweeping and Sanitation Qivision.
14. That equipment maintenance shall be limited to construction equipment owned by this business;
and that equipment maintenance shall not be offered to the general public.
15. That the property shall be permanently maintained in an orderly fashion through regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
16. The proposed Condition No. 16 was deleted at the Planning Commission public hearing.
17. That a landscape and irrigation plan for the subject property shall be submitted to the Zoning
Division for review and approval. Any decision made by the Zoning Division regarding said plan
may be appealed to the Planning Commission.
18. That the on-site landscaping and irrigation system shall be provided and maintained in
compliance with City standards.
19. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
20. That the locations for any future above-ground utility devices including, but not limited to,
e~ectrical transformers, water backflow devices, gas, communications and cable devices, etc.,
shail be shown on plans submitted for Zoning Division approval. Plans shall also identify the
specific screening treatments of each device (i.e. landscape screening, color of walis, materials,
identifiers, access poinfs, efc.) and shall be subject to the review and approval of the appropriate
City departments.
21. That the proposal shall comply with al~ signing requirements for Development Area 1 of S P94-1
(Section 18.110.030), unless a variance allowing sign waivers is approved by the Planning
Commission. However, the exisking ~reestanding sign located within the public right-of-way shall
be relocate~ when the uitimate stre,et width is constructed at the cost of the property ov;ner.
22. That three (3) f~~ot high address numbers shall be displayed on the building roof in a contrasting
color to the roof material. T"ie numbers shall not be visible to the street or adjacent properties.
23. That the developer shali submit a Water Quality Management Plan (WQMP) specifically
identifying the best management practices that will be used on-site to control predictable
pollutants from stormwater runoff. The WQMP shall be submitted to the Public Works
Department, Development Services Divisfon, for review and approval.
24. That a valid business Ifcense shall be obtained from the City Business License Division of the
Finance Department.
25. 7hat subject property shall be developed substantially in accordance with plans and specificatfons
submitted to the City of Anaheim by the petitianer and which plans arn on file with the Planning
Department marked Exhibit No. 1, and as conditioned herein.
CR3693PK.DOC -3- PC99-132
26. That within a pe~iod of three (3) months ftom the date of this resolution, Condition Nos. 3, 5, 6, 9,
10, 11, 12, 13, 17, 18, 22, 23, 24 and 25, above-mentioned, shall be completed. Extensions for
further time to complete said conditions may be granted in accordance with Section 18.03.090 of
the Anaheim Munic(pa! Code.
27. That approval of this application constitutes ~pproval of the proposed request only to the extent
that it complies with tha Anaheie~ lNunicipal Zoning Code and any other applicable City, State and
Federat regulations. A~proval does not include any action or findings as to compliance or
approval of the request regarding any other applicablo 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 nd void.
THE FOREGOING RESOLUTION a oplecTat t I ng Commission meeting of
July 19, 1999. /;
(
CHAIR RS , AN EIM CITY PLANNING COMMISSION
ATTEST:
/ltc~.~ri~ ~~
SECFiETARY, AN HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margar(ta Solorio, Secretary of the Anaheim City Pianning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on July 19, 1999, by the following vate of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ESPING, KOOS, VAMDERBILT
IN WITNESS WHEREOF, I have hereunto set my hand this oL- day of
~~~ s~ .1999.
~lrz~~~ ~'~
SECRETARY, A HEIM CITY PLANNING COMMISSION
CR3693PK.DOC -4- PC99-132