Resolution-PC 2009-095RESOLUTION NO. PC2009 -095
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05453
(1109 1119 NORTH PATT STREET)
WHEREAS, this property is developed with two vacant buildings located in the
Industrial zone and the Anaheim General Plan designates the property for Industrial land uses; and
WHEREAS, the 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,
State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference
for an outdoor storage facility for trucks in association with an engineering firm; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 12, 2009, at 3:30 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,
does find and determine the following facts:
1. The request to permit an outdoor storage facility for trucks in association with an
engineering firm is properly one for which a conditional use permit is authorized under Code Section
Nos. 18.10.030.040.0402 (Uses) and 18.38.200 (Outdoor Storage) of the Anaheim Municipal Code.
2. The operation of the outdoor storage facility for trucks will not adversely affect the
adjoining land uses or the growth and development of the area in which it is proposed to be located
because the use is similar to existing uses in the area and would be screened from public view.
3. The size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the parking
demand for this use is the same as a general industrial use permitted in the industrial zone.
5. The granting of the conditional use permit will not be detrimental to the health and
safety of the citizens of the City of Anaheim because the use is similar to existing uses in the area and
would be screened from public view.
PC2009 -095
WHEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15303, 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 City Planning Commission
does hereby approve Conditional Use Permit No. 2009 -05453 subject to the conditions of approval
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 (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 or approved development.
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 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. Failure to pay all charges shall result in the revocation of the approval of this
application.
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of October 12, 2009.
CHAIRMAN, ANA EIM CITY PLANNING COMMISSION
2
PC2009 -095
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STA IE 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, ROMERO
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of October, 2009.
SENIOR SEC
TARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2009 -095
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009 05453
0
1
a
2
w
1O(
E JULIANNA ST
1-
1-
F
z
Source: Recorded Traci Maps and/or City GIS.
Please note the accuracy is two to five feet.
10841
4
PC2009 -095
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
PRIOR TO COMMENCEMENT
INSPECTION
OF THE BUSINESS OR PUBLIC WORKS DEPARTMENT
FINAL
WHICHEVER OCCURS FIRST
1
The existing driveway approaches along Kemp Street shall be
closed (per Condition No. 1 of Parcel Map 2007 -232, recorded in
book 365, pages 6 through 9) and replaced with curb and gutter in
conformance with Public Works standard detail No. 110 -B.
Public Works,
Development
Services
2
The applicant shall obtain Right -of -Way construction permits from
the Public Works Department for improvements within the street
right -of -way.
Public Works,
Development
Services
3
Fire lanes shall be posted with "No Parking Anytime."
Public Works,
Traffic
Transportation
Division
4
Rooftop address numbers for the police helicopter shall be indicated
on plans submitted for Building permits. Minimum size 4' in height
and 2' in width. The lines of the numbers are to be a minimum of
6" thick. Numbers should be spaced 12" to 18" apart. Numbers
should be painted or constructed in a contrasting color to the roofing
material. Numbers should face the street to which the structure is
addressed. Numbers are not to be visible from ground level.
Police
5
An Emergency Listing Card, Form APD -281, must be filed with the
Police Department, available at the Police Department front counter,
or it can be downloaded from the following web site:
http://www.anaheim.net/article.asp?id=678.
Police
6
A slatted eight -foot high chain link fence shall be installed within
the ten -foot setback along Kemp Street along with shrubs and
clinging vines and shall be maintained in good condition at all
times. Vines shall be planted on three -foot centers and shrubs
planted as approved by the Planning Department for full coverage
of the setback area. This area shall be irrigated and maintained the
entire length of the fence in order to screen and create a visual
buffer for the site.
Code Enforcement
EXHIBIT `B"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2009-05453
-5-
PC2009 -095
7
The existing slatted chain link fence along the east property line of
Patt Street enclosing the storage yard shall be maintained at six (6)
feet high with vines planted on the interior of the fence and trellised
to grow to the outside of the fence for landscape coverage. The
fence shall be maintained in good condition at all times. Landscape
material shall be irrigated and maintained for the entire length of the
fence in order to screen and create a visual buffer for the site.
Code Enforcement
8
A slatted eight -foot high chain link fence shall be installed adjacent
to the public alley within the three -foot setback area and be
maintained in good condition at all times. Clinging vines shall be
planted adjacent to the alley on three -foot centers, irrigated and
maintained the entire length of the fence to screen and create a
visual buffer for the site.
Code Enforcement
GENERAL
9
No required parking areas shall be fenced or otherwise enclosed for
outdoor storage uses.
Code Enforcement
10
The required shrubs and vines planted adjacent to Kemp Street, Patt
Street and the alley shall be maintained as shown on plans submitted
and approved by the Planning Services Division. Shrubs and vines
that are diseased, damaged and /or dead shall be replaced in a timely
manner.
Code Enforcement
11
No exterior public address systems shall be permitted.
Code Enforcement
12
The outdoor storage area shall be maintained as shown on Exhibit
No. 1 (Site Plan). No obstruction by storage of equipment or
materials of drive aisles hall be permitted.
Code Enforcement
13
The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department
marked Exhibit No.1 (Site Plan) and as conditioned herein and
provided that unpaved areas of the lot are covered with gravel.
Planning
6 PC2009 -095