Resolution-PC 2005-145. , •
RESOLUTION NO. PC2005-145
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION -
REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0: 2001-04434 AND
AMENDING CERTAIN CONDITONS OF APPROVAL OF RESOLUTION NO. PC2001-133,
ADOPTED IN CONJUNCTION THEREWITH
(2550 EAST MIRALOMA WAY)
WHEREAS, on September- 10, 2001, the Anaheim Planning Commission, by
Resolution No: PC2001-133 approved Conditional Use Permit No. 2001-04434 to permit an
outdoor contractor's yard; and
WHEREAS, said Resolution No. PC2001-133 includes the following condition of approvaL•
°1. That subject use permif shall expire four (4) years from the date of this
resolution, on September 10, 2005:'
WHEREAS, the property is currently tleveloped with an outdoor contractor's yard and is zoned I '
(Indusfrial) and the Anaheim General Plan designates this property for General lndustrial land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reinstatement '
of Conditional Use Permit for certain real property situated in the;City of Anaheim, County of Orange,
State of California, described as:
THAT PORTION OF LOT 2 IN BLOCK 10 OF THE GOLDEN STATE TRACT, IN THE
RANCHO SAN JUAN DE SANTA ANA, AS SHOWN ON A MAP THEREOF RECORDED IN
BOOK 4, PAGES 66 AND 67 OF MISCELLANEOUS MAPS, RECCORDS OF ORANGE
COUNTY, CAUFORNIA, DESCRIBED AS FOLLOWS:
CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED 1N BOOK 2786,
PAGE 260 OF OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF'SAID
LOT, (FOR THE PURPOSES OF THIS DESCRIPTION, SAID NORTHERLY LfNE IS ALSO
THE SOUTHERLY LINE OF ANAHEIM ROAD AS SHOWN ON SAID MAP), NORTH74° 00'
46" EAST 4.11 FEET; THENCE SOUTH 61° 52' 32" EAST 289.00 FEET; THENCE SOUTH
61° 48' 55" EAST 290.16 FEET TO THE TRUE PINT OF BEGINNING; THENCE
CONTINUING SOUTH 61 ° 48' 55° EAST 90.00 FEET; THENCE NORTH 31 ° 08' 18" EAST
77.73 FEET; THENCE NORTH 44° 04' 19" EAST 259.64 FEET; THENCE NORTH 45° 05'
18" EAST 17.92 FEET; THENCE NORTH 89° 45' 56"'WEST 265.02 FEET; THENCE
SOUTH 0° 14' 04" WEST 135.16 FEET; THENCE SOUTH 28° 11' 05" WEST 100.00 FEET
TO THE SAID TRUE POINT OF BEGINNING.
WHEREAS, the applicant has requested reinstatement of this conditional use permit toretain -
an outdoor contractor's yard and modifications to conditions of approval pursuant to Code Section 18.60 of the '
Anaheim Municipal Code; and
WHEREAS, the Planning Commission did conduct a public hearing at the. Civic Center in the
City of Anaheim on October 3, 2005, at 2:30 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
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
Cr\PC2005-145 ' -1= PC2005-145
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1. That the applicanYs proposal to retain a contractor's storage yard is authorized by Anaheim
Municipal Code Sections Nos. 18.10.030.040.0403 and 18.38.200.
2, That the proposed reinstatement of the outdoor contractor's yard would not adversely affect the
adjoining land uses and the growth and development of fhe area in which it is currently located.
3. That the facts necessary, to support each and every required showing for the original approval of
the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning
Department revealed that the use is operating in compliance with'the conditions of approval imposed on the
originalpermit excepf for conditions nos. 5 and 14 which have herein been modified. '
4. That this conditional use permit is being exercised in a manner not detrimental to the particular
area and surrounding land uses, nor to the public health and safety.
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
< CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That it has been determined that the _
proposed project falls within the definition of Categorical Exemptions, Section 15302, Class 1(Existing
Facilities), as defined in the CEQA Guidelines and is, therefore, exempt #rom the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission doesherby approve
the reinstatement of this permit and further, incorporates the conditions of approval contained in Resolution No.
PC2001-133 into a new resolution with the following cor-ditions of approvaL• '
1. That subject use permit shall expire on September 10, 2009.
2. That three (3) foot high street address numbers on the roof of the building shall be maintained in a
contrasting color to the roof materiaL The numbers shall not be visible to adjacent streets or properties or
freeways.
3. That no outdoor work on, vehicles or asphalt tankers or vehicular parts; shall be permitted. Outdoor
storage shall be limited to asphalt tanker trucks incidental to the business.
4. That an eight (8) foot high masonry block wall shall be maintained along the south and southeast property
lines adjacent to the SR-91 (Riverside Freeway and clinging vines shall be maintained to eliminate graffiti
opportunities adjacent to both sides of the block wall, on maximum five (5) foot centers. The landscaping
shall be irrigated, and both the block wall and landscaping shall be maintained.
5. That all landscaping and irrigation for the existing landscaped areas shall be maintained in accordance
with submitted plans.
6. That the property shall be permanently maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours
from time of occurrence.
7. That no signage shall be permitted for the proposed business on this site unless such signage is first
submitted to the Planning Commission for ~eview and approval as a"Reports and Recommendations"
item.
8. That the property shall be maintained in compliance with the most current versions of Engineering
Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations.
9. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard ,
Detail No: 610 and maintained tothe satisfaction of the Public Works Department, Streets and Sanitation
Division. Said turn-around areas shal{ be speci~cally shown on plans submitted for Streets and Sanitation
DiVision approvaL
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10. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works
Department, Street Sweeping and Sanitation Division, and in accordance with approved plans on file with
`said Department. Said storage area(s) shall be designetl located and screened so as not tobe readily
identifiable from adjacent streets or highways. Said information shall be specifically shown on plans
submitted to the Zoning Division and Streets and Sanitation Division'approvaL
11. That the outdoor storage of,materials and equipment shalf not exceed the height of the perimeter fencing
and shall not be visible to any adjacent public right-of-way.
12. 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 Development
°Services Division of the Planning Department marked Exhibit Na ,1, and as conditioned herein.
13. That approval of#his application constitutes approval of the',proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable Gity, 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, regufation or requirement.
BE IT RESOLVED thaf the Anaheim 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 the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice prior to
issuance of a building permit or prior to commencement of the activity, whichever occurs first. Failure to pay all
charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 3, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, `Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures a m e plac b ity Council Resolution
in the event of an appeaL
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-~'~ CHAIRMAN, AN EIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY'OF ORANGE ) ss. :
CITY OF ANAHEIM )'
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
October 3, 2005, by,the' following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKI,PEREZ,ROMERO, VELASQUEZ
NOES: COMMISSIONERS: .' NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, l have hereuntoset my hand this ~ day of /v0 Ve rn~tr,
2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION