Resolution-PC 2009-097RESOLUTION NO. PC2009 -097
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 -05450
(1555 SOUTH STATE COLLEGE BOULEVARD)
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 yard for granite and related building materials;
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 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 an outdoor storage yard for granite and related building materials 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 outdoor storage area will not be visible from the public right -of -way
and is completely enclosed by fencing.
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 because
this use allows the full containment and screening of the outdoor storage area.
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 as there are no adverse environmental effects associated
with the outdoor storage area.
1 PC2009 -097
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 -05450 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 EI CITY PLANN
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MISSION
PC2009 -097
Al LEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 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 -097
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009 -05450
APN:
082- 250 -63
082 250 -65
082- 250 -67
ino
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +F two to five feet.
10843
PC2009 -097
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL
1
On -going during project operation, no required parking areas shall
be fenced or otherwise enclosed for outdoor storage uses.
Code Enforcement
2
Within 90 days of approval of this conditional use permit, vines
shall be planted on the interior of the lot adjacent to the westerly
property line abutting the railroad right -of -way in order to fully
screen the site from public view. Vines shall be planted on 3 —foot
centers and irrigated.
Code Enforcement
3
No outdoor storage shall exceed the height of the fence.
Code Enforcement
4
The outdoor storage area shall be maintained as shown on Exhibit
No. 1 (Site Plan). No equipment or material storage shall be placed
in drive aisles or otherwise obstruct vehicles from using the drive
aisles.
Code Enforcement
5
The parking spaces shall be maintained in the location and number
shown on Exhibit No. 1 (Site Plan).
Code Enforcement
6
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 and as conditioned herein.
Planning
EXHIBIT `B"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2009-05450
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