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Resolution-PC 2007-15~ • RESOLUTION NO. PC2007-15 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05137 BE GRANTED (3040 EAST CORONADO STREET) WHEREAS, the Anaheim Planning Gommission did ~eceive 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 LOT 133 OF THE "EUCALYPTUS FOREST TRACT: iN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCCEPTING THEREFROM THE WESTERLY 3 FEET THEREOF. WHEREAS, the Planning Commission did hoid a pubiic hearing at the Civic Center in the City of Anaheim on March 5, 2007, 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, Ghapter 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 alf evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to permit an outdoor storage yard for a drilling contractor including accessory repair is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.38.200 and 18.120.050.0135 with the following waivers: (a} SECTION NO. 18.42.040.010 (b~ SECTION NO. 18.46.110.020 Minimum number of parkinq spaces 39 spaces required; 27 spaces proposed) Reauired fencinp abuttinq a residential use 8-foot hiah block wall required adjacent to a residential use; 6-foot high chain link fence existing. 2. That the above-mentioned waiver (a), under the conditions imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use as the parking study determined that the size of the building at this site is not a good indicator of the number of employees since they work in the field. In addition, not all of the employees are on the site at the same time. The parking study surveyed the existing facility in the City of Orange with the same number of employees and determined that the proposed spaces are adequate. 3. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal since adequate on site parking is being provided. 4. That the waiver, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use since parking is contained within the property boundaries of the site. Cr1PC2007-15 -1- PC2007-15 ~ ~ 5. That the waiver, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses because the project is designed to anticipate the peak demand for the use. 6. 7hat the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the driveways and parking areas for the adjacent properties are self-contained and separate from the proposed project. 7. That the above-mentioned waiver (b) is hereby approved based upon the finding that this property has unique surroundings because although there is an existing single family residence located - adjacent to this property, the house is used as a caretakers unit for the industrial use on the adjacent property. In addition, the same waiver has been granted under a prior entitlement for this site. The intent of the code is to protect a residential use and all surrounding properties are developed with industrial uses. Surrounding properties a~l have 6 foot high chain link fencing and denying'the waiver would deprive this property of privileges en}oyed by surrounding properties. 8. That the use does not adversely affect the adjoining land uses or the growth and development of the area in which it isproposed to be located as the surrounding land uses are developed with similar industrial land uses, 9. That the size and shape of the site for the proposed use is adequate to allow the fult development of the proposed use in a manner not detrimental to the particular area. 10. 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 the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that 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 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 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 health and safety of the Citizens of the City of Anaheim: 1. That the gates on-site shall be open and unlocked during business hours during the loading/unloading of product delivery vehicles and securely locked after business hours. The gate and perimeter fencing for the impound area shall comply with the requirements of Chapter 18.38 of the zoning code pertaining to screening of outdoor uses. 2. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping and fence maintenance, asphalt repair, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of discovery. 3. That barbed wire or razor wire shall not be visible in any direction to any non-industrially zoned property or the public right-of-way. 4. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 5. That any loading and unloading of vehicles shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. -2- PC2007-15 • ~ 6. That washing of vehicles or equipment shall not occur on the property. 7. That the outdoor storage shall be limited to drilling equipment/vehicles or any other equipment used for this operation as indicated in the submitted letter of operation. No other outdoor storage shall be permitted. 8. That the height of any outdoor storage shall not exceed the height of the perimeter fencing as required by code. 9. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 or an approved alternative, which shall be shown on plans as required by#he Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approvaL 10. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minirr~um 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approvaL 11. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approvaL 12. That the address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 13. That 4-foot high address numbers shall be displayed on the roof of the Building in a confrasting color to the roof material. The numbers shall 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. 14. That adequate lighting of parking lots, shipping and receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with fighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. 15. That an Emergency Listing Card, Form APD-281 must be filed with the Police Department, available at the Police Department front counter. 16. That the developer shall submit a cash payment in an amount determined by the City Engineer to be sufficient to pay for the required street improvements along Coronado Street (in conformance with Section 18.40.060.030.0302.01 of the Anaheim Municipal Code). The cash payment shall be paid to the Public Works Department, Engineering, Development Services prior to issuance of a grading permit. The cash payment shall be refunded if the street designation is reclassified through a General Plan Amendment approved by the Planning Commission. 17. That the developer shall dedicate 18-feet along Coronado Street and shall submit grading plans to the Public Works department, Engineering division, Development Services to improve Coronado Street per City of Anaheim Standard Detail 160-A. The sidewalk shall be constructed in the ultimate location with an extra wide landscaped parkway (22-feet wide). No street widening shall be required. Parkway landscaping and sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond shall be posted in an amount approved by the`City Engineer and a form approved by the City Attorney prior to issuance of a building -3- PC2007-15 • . permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to final building and zoning inspections. ' 18. The driveway approach at Coronado Street shall be constructed to be in conformance with Public Works Standard Detail 115-B. The curb return radius shall be located a minimum of 1-foot from the property line. 19. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMP's) such as minimizing impenrious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMP's as defined in the Drainage Area Management Plan. 20. That prior to issuance of certificate of occupancy, the applicant shalL• • Demonstrate that all structural BMP's described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMP's described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMP's. 21. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 22. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonments of existing water service and ~re liens, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 23. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2001-04394 (to permit a bus storage and dispatch facility) and Conditional Use Permit No. 1595 (to permit a dog and cat kennel) to the Planning Services Division. 24. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 25. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 9, 10, 11, 12, 13, 14, 17, 18, 21, and 23, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 26. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 16 and 19, above-mentioned shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 -4- PC2007-15 ! ! 27. That prior to final building and zoning inspections, Condition Nos. 3, 15, 17 and 24, above-mentioned, shall be complied with. 28. That approval of this apptication constitutes approval of the proposed request only to the extent thaf 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. 29. That 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(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 5, 2007. Said resolution is subject to the appeal provisions set f in Chapter 18.60, "Zoning ; Provisions - GeneraP' of the Anaheim Municipal Code pertainin pe procedures may be replaced by a City Council Resolution in the event of an appeal. ~,f'' i CHAIRIOfAN, ANAHEIM PLANNING COMMISSION ATTEST: ~ %~~'YL~~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 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 March 5, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VELASQUEZ IIfV WfTNESS WHEREOF, I have hereunto set my hand this ~6T~ day of ~ A t G!. , 2007. ~ SENIOR SECRETARY, ANAHEIMPLANNING COMMISSION -5- PC2007-15