Resolution-PC 2009-127RESOLUTION NO. PC2009 -127
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING A REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 4149
(TRACKING NO. CUP 4149A), AND AMENDING CERTAIN
CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99 -162
(TRACKING NO. CUP4149A AND DEV2009- 00057)
(3040 EAST MIRALOMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit No. 4149, to reinstate a previously approved conditional
use permit and delete a condition of approval pertaining to a time limitation and add vehicle sales to
an existing equipment rental and storage facility, 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 13, 1999, the Anaheim Planning Commission adopted
Resolution No. PC99 -162 approving Conditional Use Permit No. 4149 for a period of ten years to
permit a large equipment storage, repair, and rental facility; and
WHEREAS, this property is currently developed with an office building, service bays,
and an outdoor storage yard for large equipment and is located in the SP 94-1, D.A. 1 zone
(Northeast Area Specific Plan; Industrial Area) 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 December 7, 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.
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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 large equipment storage,
repair, and rental facility 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 large equipment storage, repair, and rental facility 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 large equipment
storage, repair, and rental facility 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.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, 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 approve the proposed reinstatement of
Conditional Use Permit No. 4149 to pen a large equipment storage, repair, and rental facility, to
include the addition of vehicle sales, for the property located at 3040 East Miraloma 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 Planning Commission
Resolution No. PC99 -162, adopted in connection with Conditional Use Permit No. 4149, to delete
the time limitation 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.
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.
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BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC99 -162, approving Conditional Use Permit No. 4149, shall remain in
full force and effect.
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 December 7, 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:
CHAIRMAN,1NAHEIM CITY COMMISSION
A (A y,
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2009 -127
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 December 7, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: KARAKI, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of December, 2009.
SENIOR SECRE'T'ARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2009-127
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EXHIBIT "A"
DEV2009 -00057
5
Source: Recorded Tract Maps and/or City GIS.
Please nate the accuracy is +1- two to five feet.
1D880
PC2009 -127
EXHIBIT "B"
AMENDMENT AND REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 4149
(TRACKING NO. CUP4149A AND DEV2009- 00057)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
GENERAL
1 The gates leading into the equipment storage area shall remain closed
(to screen this area) unless in use for business operations.
2 Unless otherwise indicated in these conditions of approval, the
permitted storage yard and outdoor storage of large equipment at this
property shall conform to the letter of operation dated July 28, 1999, and
the information included in the Staff Report to the Planning
Commission dated September 13, 1999, both of which are on file with
the Planning Department.
3 Any on -site washing of vehicles shall be limited to the concrete wash
rack area designated on the plans. Only steam cleaning shall be
permitted.
4 Equipment maintenance and repair shall be limited to construction
equipment stored on the premises.
5 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 ma finer 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 Planning Department and
Police Department, Community Services Division review and approval.
6 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.
7 No outdoor storage is permitted in any required parking area and any
outdoor storage shall not be visible from Miraloma Avenue.
8 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.
6
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Police
Public Works,
Traffic
Code Enforcement
Code Enforcement
PC2009 -127
9 The landscape and irrigation system shall be maintained in compliance Code Enforcement
with City Standards.
10 Any tree planted on the site shall be replaced in a timely manner in the Code Enforcement
event that it is removed, damaged, diseased and /or dead.
11 The screening of the above-ground utility devices including, but not Code Enforcement
limited to, electrical transformers, water backflow devices, gas,
communications and cable devices, etc. shall be maintained as approved
by the City.
12 The outdoor storage area shall include a paved surface and shall be Code Enforcement
maintained in compliance with applicable codes.
13 In order to deter graffiti opportunity, clinging vines shall be maintained Code Enforcement
adjacent to the block walls visible from Miraloma Avenue.
14 The designated vehicle sales area shall be provided and maintained in Code Enforcement
the location and number shown on Exhibit No. 1.
15 The property shall be developed substantially in accordance with plans Planning
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 (Site Plan, Revision No. 1), 2 (Floor Plan), and 3
(Elevations).
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