Resolution-PC 2014-092RESOLUTION NO. PC2014 -092
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3372
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00026)
(1231 NORTH BLUE GUM STREET)
WHEREAS, on December 17, 1990, and subject to certain conditions of
approval, the Planning Commission of the City of Anaheim (herein referred to as the 'Planning
Commission ") adopted Resolution No. PC90 -285, approving Conditional Use Permit No. 3372
to permit a truck parking with maintenance and fueling use with waiver of minimum front
setback on an industrial property (herein referred to as the "Original CUP ") on that certain real
property located at 1231 North Blue Gum in the City of Anaheim, as generally depicted on the
map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). The
conditions of approval which were the subject of the Original CUP shall be referred to herein
collectively as the 'Previous Conditions of Approval "; and
WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code
( "Code "), the applicant filed a petition to amend the Original CUP to permit the construction of a
fuel station canopy (herein referred to as the "Proposed Project "). Said amendment is designated
as Conditional Use Permit No. 3372A; and
WHEREAS, the Property is approximately 8.9 -acres in size and is developed with
a truck parking, maintenance and fueling facility. The Anaheim General Plan designates the
Property for Industrial land uses. The Property is located in the Industrial Area — Recycling
Overlay Area (Development Area 1A) of the Northeast Area Specific Plan Area and is subject to
the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94 -1
(SP 94 -1) Zoning and Development Standards) of the Code. The underlying base zone for the
Property is the "I" (Industrial) Zone; and
WHEREAS, on October 20, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 3372A, and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality
Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the Proposed Project is within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the Proposed Project will not cause a significant effect on the environment and
is, therefore, categorically exempt from the provisions of CEQA; and
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WHEREAS, the 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 pertaining to the request for Conditional Use Permit No. 3372A, does find
and determine the following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized under Subsection .050 of Section 18.120.060 of the Code.
2. The Proposed Project 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 this truck
parking and maintenance facility has been in operation for several years and the installation of a
fuel canopy is compatible with surrounding land uses;
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved as a truck parking,
maintenance and fueling facility and the proposed expansion of the truck canopy will be
beneficial to the operation of this use; and
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets; and
5. The granting of Conditional Use Permit No. 3372A 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 Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 3372A is hereby approved, thereby
amending the Original CUP, which approval is contingent upon and subject to the conditions of
approval described in Exhibit B attached hereto and incorporated herein by this reference (the
"Revised Conditions of Approval "), which Revised Conditions of Approval are hereby found to
be a necessary prerequisite to the proposed use of the subject Property in order to preserve the
safety and general welfare of the citizens of the City of Anaheim.
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BE IT FURTHER RESOLVED that effective upon the effective date of this
Resolution, the Revised Conditions of Approval amend the Previous Conditions of Approval and
hereby replace the Previous Conditions of Approval in their entirety. All references to the
conditions of approval for the Original CUP and this Conditional Use Permit No. 3372A shall be
to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which shall
control and govern the Original CUP, as amended by Conditional Use Permit No. 3372A.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval are
hereby found to be a necessary prerequisite to the proposed use of the Property under the
Original CUP and this Conditional Use Permit No. 3372A 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
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, (ii) the modification complies with the 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 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 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 Conditional Use Permit No.
3372A constitutes approval of the proposed request only to the extent that it complies with the
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 20, 2014. 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.
CHAIRrvrAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the
Planning Commission of the City of Anaheim held on October 20, 2014, by the following vote of
the members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, DALATI, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of October, 2014.
i wz-. "t-
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "Alf
DEV pro. 2014 -00026
1 APN: 344 - 394 -05
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v Source: Recorded Tract Maps and,'or Gity GI S.
Frzt Please note the accuracy is + }_ two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3372A
(DEV2014- 00026)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The property shall be permanently maintained in an orderly fashion
Planning Department,
through the provision of regular landscaping maintenance, removal of
Code Enforcement
trash or debris, and removal of graffiti within twenty four (24) hours
Division
from time of occurrence.
2
The water used on -site shall be recycled to the greatest extent possible.
Planning Department,
Planning Services Division
3
The parking areas adjacent to Blue Gun Street and Coronado Street shall
Planning Department,
be screened from view.
Planning Services Division
4
The fenced truck storage area shall remain open during regular business
public Works Department,
hours as required by the City Traffic Engineer.
Engineering Division
GENERAL CONDITIONS
5
The subject Property shall be developed substantially in accordance
Planning Department,
with plans and specifications submitted to the City of Anaheim by
Planning Services Division
the petitioner and which plans are on file with the Planning
Department, and as conditioned herein.
6
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively referred
Planning Services Division
to individually and collectively as "Indemnitees ") from any and all
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and /or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
7
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services Division
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
may result in the revocation of the approval of this application.
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