Resolution-PC 2001-35~
RESOLUTION NO. PC2001-35
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4006
AND DELETING THE TIME LIMITATION
(CUP Tracking No. 2001-04334)
WHEREAS, on March 2, 1998, the Pianning Commission adopted Resolution No. PC98-30
to approve Conditional Use Permit No. 4006 and permit a large equipment rental yard at 1354 North Red
Gum Street; and that Condition No. 9 of said resolution speci~es the following:
9. That subject use permit shall expire three (3) yeas from the date of this
Resolution, on March 2, 2001.
WHEREAS, this property is developed with a large equipment rental yard and is zoned
Development Area 1(Industrial Area) of the Northeast Area Specific Plan No. SP 94-1; and that the
Anaheim General Plan land use designation is General Industrial; and
WHEREAS, the petitioner has requested an amendment to this use permit by the
modification or deletion of the time limitation, under authority of Code Section 18.03.093, to retain the
large equipment rental yard; and
WH~R~AS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 26, 2001, at 1:30 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 18.03,
to hear and consider evidence for and against said proposed amendment and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued from the
March 12, 2001 meeting; 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. That the use proposed to be reinstated is listed in the Zoning Code as being a
conditionally permitted use in Development Area 1 of the Northeast Area Specific Plan.
2. That there have been no changes to the Zoning Code nor the Anaheim General Plan
Land Use Element, which affect this property, since this use permit was originally approved in 1998; and
that the business is operating in substantially the manner as originally approved and in compliance with
all conditions of approval.
3. That all physical aspects of the property remain the same as when this use permit was
originally approved; and that surrounding land uses in the immediate vicinity have not changed.
4. That Code Enforcement staff has inspected the property and indicated that the property
is well-maintained and that no violations of Code regulations or conditions of approval were observed.
5. That the Community Development Department does not oppose reinstatement of this
conditional use permit.
6. That reinstating this use permit, under the conditions imposed, will not adversely affect
adjoining land uses and the growth and development of the area in which the use is located.
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7. That this use 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.
8. That amending this use permit to delete the time limitation is necessary to permit
reasonable operation of the business under the conditional use permit as originally granted.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALtTY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 4006 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the previously approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence
that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby delete the time limitation which permitted the use until March 2, 2001 (Condition No. 9) and
reinstate Conditional Use Permit No. 4006 to retain a large equipment rental yard;
AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby amend, in their e~tirety, the condEtio~s of approval of Resolution No. PC98-30, adapted in
connection with Conditional Use Permit No. 4006, to read as follows:
That no equipment shall be "displayed" or elevated so as to be visible to Red Gum Street.
2. That the large equipment shall be stored near the rear of the yard (east side).
That there shall be no outdoor storage in any required parking spaces.
4. That the thirty five (35) parking spaces required by the Zoning Code shall be striped and clearly
marked "customer/employee parking only"; and at no time shall customer or employee vehicles be
stacked, double parked, or left standing in tandem, in front of, or adjacent to the buildings.
That the property owner shall maintain the existing Italian Cypress tree wind row facing Red Gum
Street at its present height in order to preserve screening of the rental yard; and that the existing
mature landscaping shall be maintained and immediately replaced in the event that it becomes
diseased or dies.
6. That if, and when, any future development of the adjoining property to the south results in demolition
of the existing neighboring industrial buildings thereby making this rental yard visible to Red Gum
Street, the property owner shall construct a minimum six (6) foot high masonry block wall and plant
clinging vines along the south property tine to visually screen the use from Red Gum Street.
7. That the sale of equipment shall be incidental to the rental business.
8. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3 and 4, and as conditioned herein.
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9. That signage for the subject facility shall be limited to that which is shown on the Exhibits submitted
by the petitioner and approved by the Planning Commission. Any additional signage shall be subject
to review and approval by the Planning Commission as a"Reports and Recommendations° item.
10. 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 26, 2001.
CHAIRPERSO
EIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C1TY OF ANAH.~I.M )
I, Osbelia Edmundson, 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 March 26, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
, IN WITNESS WHEREOF, I have hereunto set my hand this ~ o day of
Q~ZASL , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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