Resolution-PC 2004-129~ ~
RESOLUTION NO. PC2004-129 '
A RESOLUTION OF THE ANAHEIM'PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04878 BE GRANTED, IN PART
(1352 NORTH MILLER STREET)
WHEREAS, the Anaheim 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:
THE NORTHERLY 132 FEET OF THE WESTERLY 330 FEET OF THE EASTERLY 660 FEET
OF THAT PORTION OF LOT 2 W BLOCK "K" OF THE KRAEMER'TRACT, AS SHOWN ON A'
MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS' OF
LOS ANGELES COUNTY, CALIFORNIA, DESCRIBEDAS FOLLOWS:
BEGINNING AT A POlNT IN THE EASTERLY LINE OF SAID LOT, 28 CHAINS SOUTHERLY
FROM THE NORTHEASTERLY CORNER OF SAID LOT; THENCE SOUTHERLY ALONG ,
SAID EASTERLY L1NE 12:03 CHAINS TO THE SOUTHEASTERLY CORNER OF SAID LOT;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID' LOT, 20 CHAINS TO THE
SOUTHWESTERLY CORNER OF SAID ' LOT; THENCE NORTHERLY ALONG -THE
WESTERLY LINE OF SAID LOT, 12.03 CHAINS TO THE SOUTHWESTERLY CORNER OF
THE TRACT OF LAND DESCRIBED IN THE DEED TO EMMA SHAFFER, ,RECORDED
DECEMBER 6, 1917, lN BOOK 136, PAGE 202 OF DEEDS; THENCE EASTERLY ALONG
THE SOUTHERLY LINE OF SAID TRACT, 20 CHAINS TO THE POINT OF BEGINNING.
- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 8, 2004, 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 18.60, 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 that said pubiic hearing was continued to
the November 1, 2004, Planning Commission pubiic hearing at 2:30 p.m.; 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 request to permit and retain a pallet repair and storage yard and a landscape
contractor's storage yard is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section Nos. 18.120.050.0515 and 18.120.050.0545.
2. That the use as conditioned herein wil{ not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the size and shape of the site for the use is adequate to allow full development of the
use in a manner not detrimental to the particular area nor to the health and safety.
4. That 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 customers do not visit the site and
there is ample room to store trucks and equipment associated with the businesses on-site.
5. That granting this conditional use permit will not, under the conditions imposed, be
detrimental to the health and safiety of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
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CAL.IFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to permit and retain a pallet repair and storage yard and a landscape
contractor's storage'yard and does hereby approve, the Negative Declaration upon finding thaf the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and furtherfinding 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 Planning Commission does
hereby grant, in part, subject Petition for Conditionaf 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 health and safety of the Citizens of the City of Anaheim:
1. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping and fence maintenance, gravel maintenance and aspha(t repair, removal of trash and
debris, and removal of graffiti within twenty four (24) hours from time of occurrence.
2. That the existing or new perimeter chain link fencing shall be interwoven with new PVC slats. The
fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public
right-of-way. Said information shall be specifically shown on plans submitted to the Planning Services
Division for review and approval. The fencing shall be constructed within 180 days of the date of this
resolution. _
3. That no barbed wire or razor wire shall be visibie in any direction to any non-industrially zoned property
or the public'right-of-way.
4. That the outdoor storage shall belimited to pallets and equipment used in conjunction with the pallet
repair and storage business and the landscape contractor's storage yard.
5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470
pertaining to parking standards and driveway locations. Subject property shall thereupon be developed
and maintained in conformance with said approved plans. The improvements shall be constructed `
within 180 days of the date of this resolution.
6. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular :
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager.
Said information shall be specifically shown on plans submitted to the City Traffic and Transportation
Manager for review and approvaL
7. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use.
8. That the two driveways on Miller Street shall be reconstructed to accommodate ten (10) foot radius curb
returns in conformance with Engineering Department Standard No. 115-A. Said information shall be
specifically shown on plans submitted to the Traffic and Transportation Manager for review and ,
approval.
9. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476
and shown on plans submitted to the Public Works Department, Streets and Sanitation Division for
review and approvaL
10. That the applicant shall submit street improvement plans prepared by a Registered Civil Engineer to the
Public Works Department, Development Services Division and a bond shall be posted to guarantee that
Miller Street shall be constructed with a landscaped parkway, sidewalk and driveway approach in
conformance with Public Works Standard Details 160-A and 115-A. Plans shall be reviewed and
approved by the City Engineer. The improvements shall be constructed with 180 days of the Planning
Commissionresolution or issuance ofthe first bui{ding permit, whichever occurs first.
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11. That any loading and unloading of eqUipment or pallets shall occur on-site only, and shall not take piace
in any required parking area or within the public right-of-way.
12. That water backflow equipment and any other large water system equipment shall be installed to the
satisfaction of the Water Utility Division behind the street setback area in a manner fully screened from
all public streets and alieys.
13. That a Burglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police
Department and submitted in a complete form.
14. That 4-foot high address numbers shall be displayed on the office roof in a contrasting color to the roof
materiaL The numbers shali not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department approval in the event
the office is constructed.
15. That the proposal shall comply with all signing requirements of Chapter 44 (Signs) for the "I" (Industrial)
zone unless a variance allowing sign waivers is approved by the Planning Commission.
16. That only pallets, chippers, stump grinders, forklifts, equipment, trailers, and vehicles incidental to the
pallet repair and storage business and the landscape contractor's business shall be stored at the
property in the designated locations as shown on the approved site plan. Said items shall not exceed
the height oYthe perimeter fencing and shall not be visible from Miller Street.
17. That any oil, fuel or fluid waste products shall be disposed of in a manner consistent with applicable
regulations:
18. That no retail sales of firewood shall be permitted on-site.
19. That all major engine, equipment, and truck repairs and/or overhauls shall be prohibited at the property
and only fluid changes, tire changes and tune-ups of business vehicles and equipment shall be
permitted.
20. ' That the property owner shall pay the cost of Code Enforcement Division inspections for two (2) years,
quarterly for the first year and semi-annually for the second year from the date of this resolution, to gain
and/or maintain compliance with State and local statutes, ordinances, laws or regulations.
21. That plant debris incidental to the tree trimming operation shall not be mulched or allowed to compost
on-site. Plant debris shall be removed on a weekly basis between June and October. During this time,
no single pile of debris shall remain on the property for longer than seven (7) days prior to total removal
of the pile. Plant debris shall be removed within 30 days during the months of November through May.
At no time shall any plant material or equipment be visible above the fence line.
22. That a Fire Emergency Listing Card; Form 281 shall be obtained from the Police Department and
submitted in a complete form.
23. That a landscape and irrigation plan showing compliance with City standards shall be submitted for
review and approval by the Planning Services Division. Plans shall indicate species, size, and location
of required trees and plant materials and irrigation details. Saidlandscaping shall be installed within 30
days of plan approvaL
24. That no washing of vehicles or equipment shall occur on the property.
25. That no roof-mounted equipment shafl be permitted on the roof of the office building or pole shed.
26. That the office shall not be used for dwelling purposes at any time.
27. That commercial vehicles shall not be stored overnight in the parking lot adjacent to Miller Street. -
28. That clear unobstructed access to all parts of the property shall be provided as determined by the
Anaheim Fire Department at all times.
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29. That subject property shali be developed substantially in accordance with plans and specifications
submitted fo fhe City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos.1 and 2, and as conditioned herein.
30. That Condition Nos. 2, 5,;6, 8, 9, 10, 12, 13, 14, 16, 22, 23 and 29, above-mentioned, shali be
compfeted within a period ofi 180 days from the date of this resolution.
31. That approval of this applicafion constitutes approval of the proposed request only to the extentthat 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 Anaheim 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 anysuch 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.
AND BEIT FURTHER RESOLVED that the applicant'is responsible for paying all charges
related to the processing of this discretionary case application within 30 days of the issuance of the final
invoice or prior to the issuance of building permits for this pro}ect, whichever occurs first. Failure to pay all
charges shall resulf in delays in the issuance of required permits or the revocation of the approval of this '
_ application. ,
THE FOREGOING RESOLU710N was adopted at the Planning Commission meeting of
November 1; 2004. Said resolution is subject to the appeal provisions set forth'in Chapter 18.60,
`Procedures" of the Anaheim Municipal Code pertaining to appe ocedure may be replaced by a City
Council Resolution in the event of an appeaL , _
lZ~/~----'-"'~
CHAIR N, NAHEIM PLANNING COMMISSION
ATT T:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSfON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission
held on November 1, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, O'CONNELL, ROMERO, VANDERBIL7-LINARES,
VELAZQUEZ '
NOES: COMMISSIONERS: :
ABSENT: COMMfSS10NERS: FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this ~~' day of
, 2004.
SE IOR SECRETARY, ANAHEIMPLANNING COMMISSION
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