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Resolution-PC 2010-071RESOLUTION NO. PC2010-071 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05522 (DEV2010-00127) (1177 NORTH GROVE STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.2010-05522, to permit a specialty welding rods and wear resistant alloy parts manufacturing facility within an existing industrial building 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 is developed with an industrial building located in the Northeast Area Specific Plan, Transit Core Development Area (SP94-1, Development Area 4) Zone and the Anaheim General Plan designates the property for Non-Residential Mixed Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 30, 2010, at 5:00 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 Planning 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 with respect to the request for a conditional use permit, does find and determine the following facts: That the proposed metal parts manufacturing facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.040.040.0402 as the continued use of an non-conforming industrial building established in the former Limited Industrial (ML) Zone prior to the adoption of the Northeast Area Specific Plan. The non-conforming use section of the Specific Plan allows the continued use of the existing industrial building subject to the land use limitations of the ML Zone existing at the time the specific plan was adopted. The proposed manufacturing facility is a conditionally permit use in the ML Zone. 1. The operation of a metal parts manufacturing 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 the use is will be conducted entirely within an existing building with no outside activities and it is compatible with other existing industrial uses surrounding the property. PC2010-071 2. 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 is proposed within a freestanding industrial building with adequate parking and the building has excess space to accommodate future growth of the business. The traffic generated by the manufacturing facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. The required parking spaces will be provided on site to serve the uses on the property. 3. The granting of the conditional use permit will not be detrimental to the health and safety of thecitizens of the City of Anaheim because the use is similar to industrial uses in the area and activities would occur entirely within the existing building. 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 does hereby approve Conditional Use Permit No. 2010-05522 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. 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 this conditional use permit is approved without limitations on the duration of the use. 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 delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2010-071 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 30, 2010. ATTEST: STATE L OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, A AHEIM CITY PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 1, 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 August 30, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAM, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 30 day of August, 2010. SENIOR SECRFARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2010-071 EXHIBIT "A" DEV2010-00127 APN: 345-132-041 so loc Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. Fect 11000 4 PC2010-071 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO BUILDING PERMIT 1 Address numbers shall be positioned so as to be readily readable from the street. Number should be visible during hours of darkness. Police 2 All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Police The portions of the existing chain link fence that is visible from the public right of way shall be repaired and the razor wire shall be removed. Planning 4 A site plan shall be submitted and approved showing the location of the proposed outdoor equipment in a manner that is screened in accordance with code requirements. The plan shall also show the proposed striping of required parking spaces. Planning GENERAL 5 Complete a Burglary Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheintnet/article.asp?id=678. Police 6 All exterior doors to have adequate security hardware, e.g. deadbolt locks. Wide-angle peepholes or other viewing device should be installed in solid doors where natural surveillance is compromised. Police 7 Prior to commencement of the use, the parking lot shall be restriped to provide the Code required number of parking spaces for all on site buildings. 8 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), Exhibit No. 2 (Floor Plan) and as conditioned herein. Planning EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05522 (DEV2010-00127) 5 PC2010-071