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Resolution-PC 2009-093RESOLUTION NO. PC2009 -093 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05441 (1342 NORTH MILLER STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 -05441, to permit a green -waste handling and outdoor storage yard for a tree care service contractor for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference; WHEREAS, this property is currently developed with an office building that was previously converted from a single family residence, the property is located in the Northeast Area Specific Plan, Industrial Area Zone and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 14, 2009, 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 conditional use permit and to investigate and make findings and recommendations in connection therewith and said hearing was continued to the October 12, 2009 Planning Commission meeting at 3:30 p.m.; 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 proposed green -waste handling and outdoor storage yard is properly one for which a conditional use permit is authorized by this code; 2. The proposed green -waste handling and outdoor storage yard will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the outdoor storage area will not be visible from the public right -of -way and the use is proposed to be managed to minimize the potential for fugitive debris. 3. The size and shape of the site for the green -waste handling and outdoor storage yard is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety because the outdoor storage area will not be visible from the public right -of -way, fencing surrounds the outdoor storage activities and the activities on the site will be managed to minimize the potential for fugitive debris. 4. The traffic generated by the proposed green -waste handling and outdoor storage yard will not impose an undue burden upon the streets and highways designed and improved to PC2009 -093 carry the traffic in the area because the project has been designed to accommodate on -site vehicular circulation and required on -site parking. 5. The granting of the conditional use permit for a green -waste handling and outdoor storage yard under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because fencing surrounds the outdoor storage activities and the activities will be managed to minimize the potential for fugitive debris. THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration in connection with Conditional Use Permit No. 2009 -05441 is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2009 -05441 subject to the conditions of approval which are described in Exhibit `B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (1) 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 or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the 2 PC2009 -093 issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 12, 2009. A 1"1'EST: n A A NAHEIM ITY PLANNING COMMISSION CHAIRM SENIOR S TARY, ANAHEIM CITY PLANNING COMMISSION STA I'E 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 City Planning Commission held on October 12, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of October, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -093 EXHIBIT "A" CONDITIONAL USE PERNIIT NO. 2009 05441 APN: 345 071 -06 Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is two to five feet. 10808 4 PC2009 -093 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING WITHIN 30 DAYS OF APPROVAL OF THIS CONDITIONAL USE PERMIT 1. A sprinkler system shall be installed in order to reduce fugitive dust and debris during the removal of green -waste or during any on -site activity that raises debris /dust with the potential to impact the surrounding area. Code Enforcement 2. The business shall be equipped with an alarm system (silent or audible). Police 3. An Emergency Listing Card, Form APD -281, shall be filed with the Police Department, available at the Police Department front counter. Police 4. A Burglary /Robbery Alarm Permit application, a Form APD 516 shall be completed, and returned to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. Police 5. 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 Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of business license. Public Works, Development Services 6. All lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. Fire GENERAL 7. A sprinkler system shall be used cyclically during the day during the months of October through March or at any time when windy conditions occur in order to reduce fugitive dust and debris Code Enforcement 8. The on -site storage containers shall be maintained a minimum distance of five feet from property lines and shall not be visible from the public right -of -way. Code Enforcement 9. The location of the log storage area shall be maintained a minimum distance of five feet from the rear property line when the log storage height is 6 feet or less. A minimum distance of ten feet shall be provided if the log storage exceeds 6 feet in height. Code Enforcement EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05441 -5 PC2009 -093 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING 10. Only equipment, trailers and vehicles incidental to the tree trimming business or the personal owner of the business owner shall be stored at the property in the designated locations as shown on the site plan. Said items shall not be visible from the public right -of -way. Code Enforcement 11. Plant debris incidental to the tree trimming shall not be mulched or allowed to compost on -site. Plant debris shall be removed on a regular basis. Code Enforcement 12. No green -waste material or equipment shall be visible from the public right -of -way above the fence line. Code Enforcement 13. Trees shall be planted adjacent to the south property line starting at 82 feet from the front property line and extending 40 feet to the east in order to provide site screening for the outdoor storage activity as approved by the Planning Division. Code Enforcement 14. All existing landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. Code Enforcement 15. That rooftop address numbers shall be maintained in accordance with Police Department requirements. Police 16. The diesel tank shall be maintained as shown on the Exhibit No. 1 (Site Plan) or in a location acceptable and approved by the Anaheim Fire Department and Planning Division. Fire Planning 17. All exterior doors to have adequate security hardware, e.g. deadbolt locks. Police 18. No required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 19. The outdoor storage area shall be site screened from the public right -of- way with chain link fencing interwoven with slats which shall be maintained free of separation and breaks. Code Enforcement 20. Code required parking spaces shall be maintained on the site as shown on the Exhibit No. 1 (Site Plan) Code Enforcement 21. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the business owner and which plans are on file with the Planning Department marked Exhibit No. 1 and as conditioned herein. Planning 6 PC2009 -093