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Resolution-PC 2009-101RESOLUTION NO. PC2009 -101 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND CONDITIONAL USE PERMIT NO. 2009 -05449 (1631 AND 1699 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 -05449 to permit a recreational vehicle outdoor storage facility 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 consists of two parcels. Parcel 1 is a vacant four acre Caltrans remnant parcel and is located in the T (Transition) zone. Parcel 2 is 1.9 acres and is developed with a concrete mixing facility and located in the I (Industrial) zone. The Anaheim General Plan designates these parcels for Commercial Recreational land uses; 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 a recreational vehicle storage facility is properly one for which a conditional use permit is authorized under Code Section No. 18.14.030.140 and 18.10.030.010 (Outdoor Storage Yards) of the Anaheim Municipal Code. 2. The recreational vehicle storage facility 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 it is an interim use located on a remnant parcel that is unsuitable for commercial development until such time that parcels can be assembled for development. 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 of the citizens of Anaheim. 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. 1 PC2009 -101 5. The granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 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 for the reasons hereinabove stated does hereby grant subject Petition for Conditional Use Permit upon the following conditions 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 this permit is approved without limitations on the hours of operation. 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. 9 PC2009 -101 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 12, 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 eve of an appeal. A 11 CHAIRMAN, ANAHEIM CITY PLANNING COM ION SENIOR SECIYETARY, 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 SECRE TARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -101 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2009 05449 I APN: 072 110 -21 072 110 -50 a o EC; 200 FeErt 36' 53 W LINCOLN AVE Source: Recorded Tract Maps and /or City GIS. Please note the accu acy is two to five feet. 10849 4 PC2009 -101 NO. Conditions of Approval Responsible for Monitoring TIMING: PRIOR TO ISSUANCE OF A BUILDING PERMIT Landscape plans shall include improvements for a 10 -foot wide landscape planter along Lincoln Avenue with trees planted on 20 -foot centers and a 3 -foot high hedge at the rear of the planter to screen the parking area. Plans shall show the removal of the existing 3 -foot high block wall adjacent to Lincoln Avenue. The landscape planter shall be separated from drive aisles and circulation and parking areas by a 6 -inch concrete curb. Said information shall be specifically shown on plans submitted for building permits. Planning 2 Landscape plans shall show trees planted on minimum 40 -foot centers in all landscape setback areas screening outdoor storage areas. Plannin 3 The property owner shall use its best efforts to coordinate with Caltrans to facilitate the planting of ice plant, similar to the existing ice plant planted on Caltrans slope areas, on the vacant land at the eastem base of the Euclid Street overcrossing that is under the control of Caltrans. The property owners shall offer to plant, irrigate and maintain this area. Planning 4 Plans submitted for the partial demolition of the stucco manufacturing building at 1631 West Lincoln shall include a note that any new walls, windows, roof materials, doors, etc for the portion of the building to remain shall match or be complimentary to the existing structure. Planning Community Development 5 The property owner shall submit an application for a Subdivision Map Act Certification of Compliance (COC). The COC shall include both parcels. A COC or Conditional COC shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. Public Works 6 The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 60 feet in width from the construction centerline of the street along Lincoln Avenue on both parcels. Public Works 7 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened Water EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05449 -5 PC2009 -101 6 PC2009 -101 from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for Building Permits. Engineering 8 That all requests for new water services or fire lines, as well as any modification, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering 9 A separate irrigation meter shall be installed. Water Engineering 10 The property owner shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, and related technical drawings and specifications. Electrical Engineering 11 The property owner shall provide a utilities easement for all electrical equipment. Electrical Engineering TIMING: PRIOR TO ISSUANCE OF A GRADING PERMIT 12 The developer shall obtain a recorded ingress /egress easement, as shown on the site plan, at a width approved by the City Engineer, to access the site. The easement shall be in a form approved by the City Attorney. Public Works TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTION 13 The existing chainlink fence enclosing the property shall be repaired or replaced where needed. New and existing chainlink fences shall have slats inserted to screen the outdoor storage area. Rapid growing clinging vines shall be planted at the base of the fence on 10 -foot centers. Planning 14 The partial demolition and associated improvements to the stucco manufacturing building at 1631 West Lincoln shall be completed with matching or complimentary materials. Planning Community Development 15 Fire lanes shall be posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. Fire 6 PC2009 -101 TIMING: ONGOING DURING OPERATION 16 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. No outdoor storage shall be permitted in the parking area serving the concrete /stucco facility. Planning 17 Outdoor storage shall be limited to recreational vehicle storage, including RVs, boats, campers, etc. No storage of other materials shall be permitted. Planning GENERAL 18 This permit shall expire in five years from the effective date of this resolution. Planning 19 Any future proposed signs shall meet Code requirements, unless a separate variance request is approved. Planning 20 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from the time of discovery. Planning 21 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 14 of Conditional Use Permit No. 2009 05449, and as conditioned herein. Plannin 7 PC2009 -101