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Resolution-PC 2009-085RESOLUTION NO. PC2009 -085 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A PREVIOUSLY APPROVED NEGATIVE DECLARATION AND APPROVING A REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 4089 (TRACKING NO. CUP 4089A), AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99R -207 (710 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Reinstatement of Conditional Use Permit No. 4089, to modify or delete a condition of approval pertaining to a time limitation to retain a previously approved building material contractor's storage yard and outdoor storage of recreational vehicles, boats and trailers 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 California, shown on Exhibit "A attached hereto and incorporated herein by this reference; WHEREAS, on September 29, 1999, the Anaheim City Council adopted Resolution No. 99R -207 approving Conditional Use Permit No. 4089 for a period of ten years to permit a building material contractor's storage yard and outdoor storage of recreational vehicles, boats and trailers; and WHEREAS, this property is currently developed with a two -story industrial office building, building material contractor's storage yard and outdoor storage of recreational vehicles, boats and trailers and is located in the I (Industrial) Zone and the Anaheim General Plan designates this property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 30, 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 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 exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare as there have not been any code violations on this property. 1 PC2009 -085 4. With regard only to the deletion 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, and the periodic review of the use is no longer necessary. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. 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 as the building material contractor's storage yard and outdoor storage of recreational vehicles, boats and trailers has been operating in conformance with all conditions of approval and there have been no code violations on the property. 7. 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 as the building material contractor's storage yard and outdoor storage of recreational vehicles, boats and trailers has been operating in conformance with all conditions of approval and there have been no code violations on the property. 8. The traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the building material contractor's storage yard and outdoor storage of recreational vehicles, boats and trailers has been operating in conformance with all conditions of approval and there have been no code violations on the property or complaints of traffic impacts. 9. The granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the previously approved Negative Declaration in connection with Conditional Use Permit No. 4089 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 the proposed reinstatement of Conditional Use Permit No. 4089 to permit a building material contractor's storage yard and outdoor storage of recreational vehicles, boats and trailers on property located at 710 East La Palma Avenue as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with City Council Resolution No. 99R -207, adopted in connection with Conditional Use Permit No. 4089, to delete the time Iimitation and to read as shown in Exhibit "B" attached 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. 2 PC2009 -085 BE IT FURTHER RESOLVED, that this permit is approved without limitations on the 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 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 September 30, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: /7/4, SENIOR SECRE -,kRY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -085 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 City Planning Commission held on September 30, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, KARAKI ROMERO, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of September, 2009. SENIOR SECTARY, ANAHEIM CITY PLANNING COMMISSION 4 PC2009 -085 1 1 I APN: 035 -205 -01 035- 144 -12 035 144 -10 035 144 -11 A n k UP Q a -es EXHIBIT "A" r AMENDMENT AND REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 4089 (Tracking No. CUP4489A) E LA PALMA AVE 129' Use of Public Right -of -way subject to Encroachment License approved by the City of Anaheim (see Exhibit "8", Condition Ho. 23) z 2 5 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10627 1 PC2009 -085 EXHIBIT `B" AMENDMENT AND REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 4089 (Tracking No. CUP4089A) NO. CONDITIONS OF APPROVAL GENERAL 1. The hours of operation shall be limited to Monday through Saturday, 6 a.m. to 7 p.m. for the construction /engineering business and daily 6 a.m. to 8 p.m. for customer access to the outdoor storage area. No exterior public address systems shall be permitted. 3. The signage for the facility shall be limited to that shown on the approved exhibits submitted by the applicant. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 4. The chain link fence along the east property line enclosing the storage yard shall be maintained at twelve (12) feet high with green fabric mesh and shrubs fully cover the fence. The fence shall be maintained in good condition at all times. Oleanders or Bougainvillea shall continue to be irrigated and maintained for the entire length of the fence to screen and create a visual buffer for the site. 5. The vehicular access to the driveways on North Street and Wilhelmina Street shall be limited to occasional use by passenger vehicle and light pick-up trucks only. All other vehicular access shall be via La Palma Avenue. 6. The fence along the west property line, adjacent to the public alley, shall be six (6) to seven (7) foot high chain link atop a six (6) foot high decorative block wall (as measured from the grade level at the public alley). The fence shall be maintained in good condition at all times. Clinging vines shall continue to be irrigated and maintained to cover the wall on the alley side of the fence. 7. Any required relocation of City electrical equipment shall be at the developer' s expense. 8. The legal owner of this property shall continue to provide the City of Anaheim with a public utilities easement. RESPONSIBLE FOR MONITORING Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Public Utilities, Electrical Services Public Utilities 6 PC2009 -085 9. Unless otherwise indicated in these conditions of approval, the permitted storage yard and outdoor storage of recreational vehicles at this property shall conform to the letter of operation dated May 17, 1999, and the information included in the Staff Report to the Planning Commission dated July 7, 1999, both of which are on file with the Planning Department. 10. The parking lot/storage area serving the premises shall continue to be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. This lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall continue to be in conformance with the plan submitted for Zoning Division and Police Department, Community Services Division review and approval. 11. Parking standards and driveway locations shall be in conformance with Engineering Standard Plan Nos. 402, 436, 601/602, 604, 605, 607 and 609 that were applicable at the time this project was developed. 12. No outdoor storage is permitted in any required parking area and outdoor storage shall not exceed the height of the fence. 13. The property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from the time of occurrence. The landscape and irrigation system shall be maintained in compliance with City Standards. Any tree planted on the site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. In order to deter graffiti opportunity, clinging vines shall be maintained adjacent to the block walls facing La Palma Avenue (Parcel No. 1). The 24 -inch box trees planted at the terminus of North Street shall be maintained as shown on plans submitted and approved by the Zoning Division. Code Enforcement Police Public Works, Traffic Transportation Division Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement 7 PC2009 -085 18. The outdoor storage area shall be maintained on the east side of the property (Parcel No. 2) with open ingress /egress for traffic circulation to be maintained adjacent to the west property line. No obstruction by storage of equipment or materials of thoroughfare movement shall be permitted. 19. The screening of the above ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc. shall be maintained as approved by the City. 20. Separate valid business licenses shall be maintained for the outdoor storage business and the contractor /engineering business. 21. A paved surface shall be maintained (Parcel No. 2) in compliance with applicable codes. 22. The parking spaces shall be maintained in the location and number shown on Exhibit No. 1. 23. Conditional Use Permit 4089, as amended, is subject to the Encroachment License Agreement between the City of Anaheim and Coorg Corporation recorded in the County of Orange, California, on August 19, 1997, as Instrument No. 19970396965. 24. 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 Nos.1, 2a, 2b, 2c and 2d, 3, 4, 5, and 6 and as conditioned herein. Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Public Works, Real Property Division Planning 8 PC2009 -085 www,anaheim. net TEL (714) 765 -5139 City of Anaheim PLANNING DEPARTMENT October 20, 2009 La Palma Partners P.O. Box 448 Los Alamitos, CA 90720 SUBJECT: CONDITIONAL USE PERMIT NO. 4089A PC2009 -085 Congratulations! Your proposed project at 710 East La Palma Avenue was approved by the Planning Commission on September 30, 2009. Enclosed is a copy of the Planning Commission's decision. The action of the Planning Commission is contained in the attached resolution. You will notice the resolution has a table containing conditions of approval related to your project, The City department responsible for monitoring this condition is listed in the last column (i.e. Planning, Public Works or Police). Please contact Vanessa Norwood at (714) 765 -4934 or vnorwood @anaheim.net, to discuss the next step for moving your project forward. Also enclosed is a process flow chart showing the remaining steps necessary to complete your project. Keep these documents in a secure place. In the event the property is sold, provide the attached resolution to the new /prospective property owner. Thank you for choosing Anaheim for your project. Please complete and return the enclosed survey regarding our process. If there is any way we can improve our service, let us know. Sincerely, C.� CJ t nstrup AICP P1 ning Sdfvices Manager Enclosures c: Ilona Nanda, Coorg Corporation, P.O. Box 1266, Anaheim, CA 92815 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803