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Resolution-PC 2002-19• RESOLUTION NO. PG2002-19 i A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04496 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 197 AND 198 INCLUSIVE OF TRACT NO. 6409, IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 241, PAGES 25, 26, 27, 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 28, 2002, 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 conditional use permit 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. That outdoor storage facilities are a permitted use in the ML (Limited Industrial) Zone subject to the approval of a conditional use permit; 2. That the outdoor storage of specific building materials would be adequately screened from view by landscaping, block walls, and chain link fencing interwoven with PVC slats; 3. That the site was previously developed in a manner appropriate for outdoor storage and as conditioned, to limit the outdoor storage to building materials specified by the petitioner such as tile, marble and granite, would not be detrimental to the particular area nor to the peace, health, safety, and general welfare; 4. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; 5. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 6. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; 7. That the granting of the c9nditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim; and 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CUP2001-04496 1 PC2002-19 CR5292DM.doc • i CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which 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: That the outdoor storage area shall be limited to building materials consisting of tile, stone and marble products which shall be stored in the designated area as shown on Exhibit No. 1. No other materials or equipment shall be stored outside. 2. That the outdoor storage area shall be setback from the north property line a minimum of 10 feet. 3. That as stipulated by the petitioner, the hours of operation (including deliveries and any other outdoor activity) shall be limited to 8 a.m. to 5 p.m. Monday through Saturday with a maximum of 3 employees. This facility shall only be available to contractors and wholesale customers. No. retail shall be permitted at this location. 4. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on-site to control predictable pollutants from the storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval. 5. That any required relocation of City electrical facilities shall be at the developer's expense. 6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dies. 7. That no barbed wire shall be permitted where it would be visible to non-industrially zoned properties or to the public right-of-way. 8. That the front loading doors shall remain closed when not in use. 9. That the chain link gates shall be kept in good condition and shall remain unlocked during business hours to provide vehicular and pedestrian access to required on-site parking, but otherwise kept closed to screen all outdoor storage from Ball Road. 10. That no required parking area shall be used for outdoor storage. 11. That a letter requesting termination of Conditional Use Permit Nos. 1059 (to permit the storage and rental of large trucks with waiver of required enclosure of outdoor storage area) and 4002 (to permit and retain a large equipment storage and rental yard) shali be submitted to the Zoning Division. 12. That the landscape planters on the south (front) building elevation shall be refurbished and shall be maintained with healthy groundcover and shrubs. 13. That a minimum eight (8) foot wide planter area shall be maintained adjacent to the north property line. Said planter shall be fully irrigated, planted and maintained with a minimum of twenty-five (25), equally spaced, twenty-four inch (24") box, broadheaded trees. Said trees shall provide a visual screen/buffer from the adjacent apartment complex and shall not be unreasonably pruned. Additionally, nine, 15-gallon trees shall be maintained in an irrigated landscape planter on the south property line. CUP2001-04496 2 PC2002-19 CR592DM.doc • * 14. That PVC (polyvinyl chloride) slats shall be interwoven into the chainlink gates; and that the gates and PVC slats shall be maintained in good condition at all times. 15. That clinging vines shall be planted, irrigated and maintained on maximum three (3) foot centers adjacent to the block wall facing Ball Road, in compliance with Code requirements. 16. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. 17. That if any signage is utilized on subject property, said signage shall be reviewed and approved by the Planning Commission as a Reports and Recommendations item. 18. That no outdoor public address system shall be utilized. 19. That outdoor lighting shall not be placed in such a manner as to shine onto the adjacent residential property. 20. That this 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 in the Planning Department, marked Exhibit Nos. 1 and 2, and as conditioned herein. 21. That within 90 days or prior to commencement of the activity authorized by this resolution whichever occurs first, Condition Nos. 4, 7, 11, 12, 13, 14, 15, 16, 19 and 20, above-mentioned, shall be complied with: 22. 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. 23. That truck loading/unloading shall only occur behind the screen fence. 24. That all forklifts used on-site shall be electrically-powered, to reduce noise and emissions effects to the adjacent residents. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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. CUP2001-04496 3 PC2002-19 CR592DM.doc s ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 28, 2002. n ~`/~~ ~ CHAIRPER„ N, ANAHEIM C PLANNING COMMISSION ATf EST: ~ ~ ~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 January 28, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT ` IN WITNESS WHEREC~F, I have hereunto set my hand this ~~ day of Fe- IOrvary , 2002. T- ~ ,~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION CUP2001-04496 4 PC2002•19 CR592DM.doc