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Resolution-PC 2008-93RESOLUTION NO. PC2008-93 __ A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1(EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05341 (2981 EAST LA JOLLA STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008-05341 to expand an existing trucking facility on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, on January 26, 1981, the Anaheim City Planning Commission, by its Resolution No. PC81-26, did approve Conditional Use Permit No. 2162 to permit a truck terminal; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 2008, at 230 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 18.6Q to heaz and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; 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: l. The proposed use to permit the expansion of an existing truck terminal is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.120.050.010.0516 (Truck Yards or Terminals). 2. The proposal, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development oF the area in which it is proposed to be ]ocated because the truck terminal would be compatible with the surrounding industrial uses. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. 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. 5. Granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. -1- PC2008-93 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. WHEREAS, the proposed project falls within the definition of Categorical.. Exemptions, Section 15301, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2008-05341 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and generat welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this permit is approved without limitakions on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60190 (Amendment of Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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 ar the revocation of Yhe approvai ofthis application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 15, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMA~I, A1~AHEIM PL~NNING COMMISSION ATTEST: SENIOR S(~RETARY, ANAHEIM PLANNING COMMISSION -2- PC2008-93 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 September 15, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of September, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-93 EXHIBIT G°A" CONDITIONAL USE PERMIT NO. 2008-05341 -4- PC2008-93 EXHIBIT ~B" CONDITIONAL USE PERMIT NO. 2008-05341 RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING PRLOR TO ISSUANCE OFA BUILDING PERMIT, OR WITHINA' PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOL UTION, WHICHEVER OGCUR,S FIRST! 1 That trash storage areas shall be provided and maintained Planning in a location acceptable to the Public Works Deparhnent and in accordance with approved plans on file with said Code Enforcement Department. Said storage azeas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage azeas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size ' clinging vines planted on masimum three-foot centers or tall shrubbery. 2 That plans shall be submitted to the City Traffic and Public Works Transportation Manager for his review and approval in conformance with the Engineering Standard No. 472 pertaining to truck dock parking and circulation. 3 That all existing water services shall conform to current Water Engineering Water Utility Standards. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the developec If the existing services are no longer needed, they shall be abandoned by the developer. 4 That all requests for new water services or fire lines, as Water Engineering well as any modifications, relocations, or abandonment oF existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 5 That all backflow equipment shall be located above- Water Engineering ground and outside of the minimum street setback area in a manner fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to cunent standards. Any other large water system equipment shall be installed to the satisfaction ofthe Water Engineering Division outside of the street setback area in a manner fully screened from -5- PC2008-93 all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 6 That the roof top address numbers shall be provided for Police the police helicopter. Numbers should face the street with a minimum size of 4 feet in height and two feet in width with a minimum 6 inch thickness and 12 to 18 inches apart, painted wikh contrasting colors to the roofing material. 7 That plans shall be submitted to the Planning Department Planning for review and approval showing conformance with the cunrent version of Engineering Standard Details 402, 436, 470, and 471 pertaining to parking standards and Engineering Standard Detail 473 pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said plans. 8 That final detailed landscape plans shall be submitted to Planning the Planning Services Division for review and approval. Any decision by staff regazding said plans may be appealed to the Planning Commission as a"Reports and Recommendations" item. 9 That prior to final building and zoning inspecrions, fire Fire lanes shall ba posted with "No Parking Any Time." Said information shall be specifically shown on plans submitted for building permits. 10 That adequate lighting of parking lots, driveway, Planning circulation areas, aisles, passageways, recesses and grounds contiguous to buildings shall be provided with lighting of a minimum of one footcandle 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. Said lighting shall be decorative and complementary to the architecture of the building. Said information shall be specifically shown on plans submitted for Police Department, Planning and Research Division approval. -6- PC2008-93 11 The applicant shall submit a letter requesting termination Planning ~- of Conditional Use Permit No. 2162 GENERAL CONDITIONS 12 That the property shall be permanently maintained in an Planning orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and Code Enforcement removal oF graffiti within twenty-four (24) hours from the time of discovery. 13 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicanY and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 14 Timing for compliance with conditions of approval may Planning 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. 15 Extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -7- PC2008-93 City of Anaheim I~LAI~iIVII~iG DEPAI2TMEIVT' www.anaheim.net September 23, 2008 Nayib Chaibun Waze Malcomb Architects 10 Edelman Irvine, CA 92618 SUBJECT: CONDITIONAL USE PERMIT NO. 200&05341 / PC2008-93 Deaz Mr. Chaibun: Congratulations! Your proposed project at 2981 East La Jolla Street was approved by the Planning Commission on September 15, 2008. Enclosed is a copy of the Planning Commission's decision. Keep in mind that this decision will not be final until the twenty-two (22) day appeal period expires. If an appeal is made or if the City Council decides to hold an additional public heazing, your project planner will notify you immediately and provide you the date of the public hearing. The action of the Planning Commission is contained in the attached resolution. You will notice the resolution has a table containing conditions of approval related to your project. The City department responsible for monitoring this condition is listed in the last column (i.e. Planning, Public Works or Police). Please contact Dave See, (714) 765-4948, dsee@anaheim.net, to discuss the next step for moving your project forward. I have also attached a process flow chart so you lmow what remaining steps are necessazy to complete your project. Please keep these documents in a secure place. In the event the property is sold, provide the attached resolution to the new/prospective property owner. Thank you for choosing Anaheim for your project. Make sure to complete and retum the enclosed survey regarding our process. If there is any way we can improve our service, please let us know. Since ly, C CJ stru AICP Pl ning S rvices Manager Enclosures c: RLR Investment, LLC, 600 Gillam Rd., Wilmington, OH 45177 2D0 South Anaheim Boulevard P.O. Box 3222 Anaheim, Calitornia 928~3 TEL (714)765-5139 ~