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Resolution-PC 99-162RESOLUTION NO. PC99-162 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4149 BE GRANTED WHEREAS, t~e Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, St~te of California, described as: THE EAST ONE-HALF (E %:) OF LOT TWO (2) IN BLOCK FOURTEEN (14) OF THE "GOLDEN STATE TRACT," AS SHOWN ON A MAP RECORDED IN EJOK 4, PAGE 66 AND 67 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNlA. WHEREAS, the City Planning Commissior did hold a public hearing at the Civic Center in the City of Anaheim on September 13, 1999 at 1:30 p.m., noNce of said public hearing having been duly given as required Fy law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to near and consider evidence for and against said propc+sed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, fnvesdgation 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 condit(onal use permit is authorized by Anaheim Municipal Code Section 18.110.050.0524 to establish a targe equipment storage, repair and rental agency. 2. That this conditional use permit is hereby approved for a period of ten (10) years and shall expire on September 13, 2009. 3. That the proposed use wiil not adversely affect adjoining land uses ana the growth and deveiopment of the area in which it is proposed to be located because the properry is in Development Area 1(Industrial Area) of the Northeast Area Specific Plan (SP94-1) and the proposed equipment storage and equ(pment-related maintenance activities will be located behind existing fencing. 4. That the s~ze and shape of the site for the proposed use, as conditioned, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the fraffic in the area because the use will not have a high traffic demand since it is primarily a storage facility and has a Ifmited number of employees (15 persons). 6. That granting of this conditional use permit, under the conditions imposed, wi~i nnt be detrimental to the peace, health, safety and generai welfare of the citizens of the City of Anahe(m. 7. That one concernad person spoke at the public hearing regarding the proposal, that no one indicated thefr presence in opposition, and that no correspondenco was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commissi~n h~s reviewed tl~e proposal to establish a:•argo equfpment storage, repa(r and rental agency on a rectangularly-shaped 4.7-acre property havfng a frontage of 330 feet on the south s(de of Miraloma Avenue, a ma.cimum depth of 615 feet and be(ng located 660 feet west of the centerl(ne of CR3742PK.OOC -1- PC99-162 Kraemer Boulevard (3030 - 3040 East Miraloma Hvenue); and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment 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 tlie project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditionai Use Permit, upon the following canditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safery and general welfare of the Citizeuis of the City of Anaheim: 1. That subject conditional use permit shall expire on September 13, 2009. 2. That gates shall not be installed across any driveway in a manner which may adversely affect vehicuiar tra~c 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 Traffic and Transportation Manager. 3. That the gates leading into the equipment storagz area shall remain closed (to screen this area) unless in use for business operations; and that information specifying how these gates will be screened from the public's view shall be submitted to the Zoning Division and the City Traffic and Transportation Manager f~r review and approval. 4. That the driveway shali be constructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. 5. That the legal owner of this property shall provide the City of Anaheim with a pubiic utilities easement to be determined as electricai design is,completed. Said easement shall be submitted to the Ciry of Anaheim prior to issuance of buiiding permits. 6. That any required relocation(s) of City electrical equipment shall be at the developer's expense. 7. That the operations at this property shali conform ta the petitioner's letter of operation submitted on July 28, 1999 and on flle with the Planning Department, the information contained in the staff report to the Planning Commission dated September 13, 1999 (Item No. 6), and as conditioned herein. 8. That any on-site washing of vehicles shall be limited to the concrete wash rack area designated on the plans end, further, that only steam cleaning shall Be permitted. 9. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordanre with approved plans on file with said Department. Said storage area shall be designed, located and screened so as not to be readiiy identifiabie from Miraloma Avenue. Un(ess located inside the screening wall, the walls of the storage areas shail be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 10. That a plan sheet for solid waste storage and coilection and a plan for recycling shall be submitted to the Streets and Sar.it~tion Division for review and approval. 11. That detailed exterior lighting plans shall be submitted to the Police Department, Community Services C~ivision, tor review and approvai. GR3742PK.JOC -2- PC99-162 12. That plans shall be submitted to the City Traffic and Transporta6on Manager for review and approval showing conformance with the most current versions of Engineering Standard Pian IVos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 13. Thai an on-site trash truck turn around area shall be ~rovided in accordance with Engineering Standard Detail No. 610 and shall be ~hown on plans as required by the Street Sweeping and Sanitation Division. Said area shall be specificaily shown on pians submitted for buiiding permits. 14. That equipment maintenance and repair shall be limited to construction equipment stored on the premises. 15. That the property shall be permanently maintained in ar orderly fashion through the provision of regular landscaping maintenance, rPmoval of trash or debris, and removai of gra~ti within twenry four (24) hours from time of occurrence. 16. That the front landscaped setback shall be a minimum ten (1~j feet in depth, shall include a landscaped earthen berm and shall be plarsted and irrigated with minimum twenty four (24) inch box sized trees located on maximum tweive (12) foot centers; provided, however, that the Ciry Traffic and Transportation Manager may modify this requirement to ensure adequate vehicular and pedestrian visibiliry. All solid fencing riaterials in the front portion of the site shall be alanted with clinging vines planted three (3) feet on center in additiori to shrub plantings. This information shall be shown on plans submitted for building permits. 17. That street trees shall be planted as required by the Urban Forestry Division of the Community Services Department. 18. That the on-site landscaping and irrigation system shall be installed 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 future above-ground utiliry devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for Zoning Division approval. Such plans shall also identify the specific screening treatments of eac;h device (i.e., landscape screening, color of wails, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate ~ity departments. 21. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with Engineering Standard No. 137 pertaining to sight distance visibiliry for the sign location. 22. That three (3) foot high street address numbers shall be displayed on the roof of the buiiding in a contrasting color to the roof material. The numbers shall not be visible to th~ public street or adjacent properties. 23. That the developer shali pay the Master Plan of Drainage Fee for Area 30, consisting of fi4e thousand three hundred dollars ($5,300) per acre. 24. That the developer shall construct sidewalk improvements along the parcel frontage on Mirafoma Avenue, in accordance with Ciry Standards. 25. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A certificate of CR3742PK.DOC -3- PC99-162 Compliance or Conditionai Certificate of Compliance shall be approved by the City Ergineer and recorded in the Office of the Orange County Reco~der prior to issuance of a buiiding permit. 26. That the developer shall install streetiights along the Miraloma Avenue frontage to the satisfaction of the E~ecirical Engineering Division of the Puhlic Utilities Department. 27. That this property sha!I be served with underground utilities in compliance with the Electricai Rates, Rules and Regulations (the most current fees shall apply), and the City of Anaheim underground policy. 28. That the legsl owner(s) of this property shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) and easement twenty (20) feet in width for water service mains and/or an easement for large meters or firelines. 29. That if this projeet has a landscaping area exceeding two thousand five hundred (2,500) sq.ft., a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. 30. That absolutely no equipment shalt be visible above the top of the fence. Any aeriai equipment shall be stored in the lowest position possible and shall be placed in the rear of the parr..el away from Miraloma Avenue. 31. That a vafid business license shall be obtained from the City of Anaheim Business License Division. 32. That the water back flow equipment shall be above ground and o~tside the street setback area in a manner fully screened from all public streets and alleys. Any other large water system equipment shail be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from ail public streets and alleys. Said information shall bo specificaily shown on plans submitted to and approved by the Water Engin~ering Division and the Cross Connection inspector prior to submittal for building permits. 33. That detailed elevation drawings, including a materiais board, shall be submitted to the Zoning Division for review and approvai by the Planning Commission as a"Reports and Recommendations" itam. Said drawings shall be in conformance with Council Policy No. 526 pertaining to metal buildings. 34. That signage for this business shall be limited to that which is shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shall be subject to review+ and approval by the Planning Commission as a"Reports and Recommendations" item. 35. Tha° subject property shal! be develooed substantially in accordance with plans and specifications subr iit-ed to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. 36. That prior to issuance of a building permit or within a period of one (1} year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 5, 9, 10, 11, 12, 13, 16, 20, 21, 23, 25, 28, 32 and 33, above-mentioned, shaN be complied with. Extensions for further time td complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 37. That prior to final building and zoning inspections, Condition Nos. 4, 17, 18, 22, 24, 26, 27, 29 and 35, above-mentioned, shall be complied with. 38. That approvai of this application constitutes approval of the propased request only to the extent that it complies with the Anaheim Municipai Zoning Code and any other applicable City, State and CR3742PK.DOC -4- PC99-162 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 City Planning Commission does hereby find and determ,ne that adoption of tFiis Resolution is expressly predicated upon applicanYs compliance with each and ali of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared imalid or unenforceable by the final judgment of any court of competentjurisdiction, then this Resolution, and any apProvais herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Pla~ning Commission meeting of September 13, 1999. ,~,~,~, ,~/' ,~-...~, CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF t~RANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commi~sion, do hereby certify that the foregoing resolution wras passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on September 13, 1999, by the followiny vote of the members thereof: AYES: COMMISSION~RS: BOSTWICK, BOYDSTUN, KOOS, NAPOLES, l~ANDERBILT NOE~: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL, ONE VACANT SEAT /~'J,~ (~,,~ IN WITNESS WHEREOF, I have hereunto set my hand this /l~ day of _ ~UUf~l~- , 1999. ~/~ SECR -TARY, NAHEIM CITY PLANNING COMMISSION CR3742PK.DOC -5- PC99-1F2