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Resolution-PC 2016-057RESOLUTION NO. PC2016-057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016-05867 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00026) (417 EAST COMMERCIAL STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2016- 05867 to permit an "Outdoor Storage Yard" to include the storage of equipment and materials for a landscape construction business and to permit and retain a portable office trailer that is visible from the public right-of-way (referred to herein as the "Proposed Project") on a 22,000 square foot portion of certain real property at 417 East Commercial Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 1.69 acres in size and is currently developed with an existing two-story industrial building. The Anaheim General Plan designates the Property for Industrial land uses. The Properly is located in the "I" Industrial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 11, 2016 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 Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05867, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 3 — New Constructon or Conversion of Small Structures) which consist of the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being accessory structures. Since the Proposed Project consists of the placement of a temporary modular unit (office) and the enclosure of the business operations with perimeter masonry walls, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2016-057 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 with respect to the request for Conditional Use Permit No. 2016-05867, does find and determine the following: 1. The proposed "Outdoor Storage Yard" and "Temporary Modular Unit", which is visible from the public right-of-way, are allowable primary uses in the "I" Industrial Zone authorized by subsections .010 and .080 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of Chapter 18.10 (industrial Zone) and Section 18.38.200 (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of the Code. 2. The proposed "Outdoor Storage Yard" and "Temporary Modular Unit", as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the storage of equipment and materials, the operations associated with the outdoor storage, and the temporary modular unit and would not have an adverse affect on adjacent properties because the Property is surrounded by other similar industrial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the "Outdoor Storage Yard" and the "Temporary Modular Unit" in a manner not detrimental to the particular area or to the health and safety because the facility is located within an existing industrial property that provides a sufficient number of on-site parking spaces and storage areas, and vehicle circulation will be in accordance with the plans and materials submitted. 4. The traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation will be provided to accommodate the use. 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 as the proposed land use will continue to be integrated with the surrounding industrial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. 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. - 2 - PC2016-057 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2016-05867, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of that portion of the Property for which Conditional Use Permit No. 2016- 05867 is applicable 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 any amendment, modification or revocation 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 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 this application 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 11, 2016. 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2016-057 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 meeting of the Planning Commission of the City of Anaheim held on July 11, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of July, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-057 EXHIBIT "A" DEV NO. 2016-00026 0 50 O 100 o Source: Recorded Tract Maps and/or City GIS. Fee[ Please note the accuracy is +/- two to five feet. -5 - PC2016-057 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05867 (DEV2016-00026) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1. That all backflow equipment shall be located above ground outside Public Utilities, of the street setback area in a manner fully screened from all public Water Engineering 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. 2. That all requests for new water services, backflow equipment, or Public Utilities, fire lines, as well as any modifications, relocations, or Water Engineering abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 3. That all existing water services and fire services shall conform to Public Utilities, current Water Services Standards Specifications. Any water service Water Engineering and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. OPERATIONAL CONDITIONS OFAPPROVAL 4. All loading and unloading of equipment and materials shall occur Police Department, on-site and shall not impact the public right-of-way. Further, all Planning and Building equipment and vehicles, including any employees' personal Department, vehicles, shall be parked on-site. Code Enforcement Division 5. On-site equipment maintenance activities shall be limited to light- Planning and Building duty work such as air filter changes, spark plug changes, cleaning, Department, etc. Major repair activities or fluid changes, such as engine Code Enforcement overhauls or oil changes, shall not be conducted on-site. Division 6. The business shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to the Department, business operation, as described in that document, shall be subject Planning Services to review and approval by the Planning Director to determine Division substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. - 6 - PC2016-057 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7. A flexible sprinkler system shall be used to water any material piles Planning and Building to prevent fugitive dust from escaping the site. Department, Code Enforcement Division 8. Green waste material shall not be stockpiled on-site for a period of Planning and Building more than three (3) days before it is transferred to a landfill. Department, Code Enforcement Division GENERAL 9. Within 60 days of the date of approval , the applicant shall submit Planning and Building plans and obtain the proper building permits for the modular office Department, Building building. Division 10. The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from Planning Services any and all claims, actions or proceedings brought against Division 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. 11. The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 12 The business premises shall be developed substantially in Planning and Building accordance with plans and specifications submitted to the City of Department, Anaheim by the petitioner, which plans are on file with the Planning Services Planning Department, and as conditioned herein. Division - 7 - PC2016-057