Resolution-PC 2009-094RESOLUTION NO. PC2009 -094
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05452
(1041 NORTH KEMP STREET)
WHEREAS, this property is developed with two vacant buildings located in the
Industrial zone and the Anaheim General Plan designates the property for Industrial and Mixed Use
and land uses; and
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, shown on Exhibit "A attached hereto and incorporated herein by this reference
for an outdoor storage facility in association with a landscape maintenance and installation company;
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 12, 2009, at 3:30 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:
1. The request to permit an outdoor storage facility in association with a landscape
maintenance and installation company is properly one for which a conditional use permit is authorized
under Code Section Nos. 18.10.030.040.0402 (Uses) and 18.38.200 (Outdoor Storage) of the Anaheim
Municipal Code.
2. The operation of the landscape maintenance and installation company will not adversely
affect the adjoining land uses or the growth and development of the area in which it is proposed to be
located as the outdoor storage area is similar to adjacent uses and site screened from view from the
public right -of -way.
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 because
the outdoor storage use and activities would be screened from view from the public right -of -way.
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 because the parking
demand for this use is the same as a general industrial use permitted in the industrial zone.
1 PC2009 -094
5. The granting of the conditional use permit will not be detrimental to the health and
safety of the citizens of the City of Anaheim because no physical improvements are proposed and
outdoor storage, as proposed, will not have a negative environmental impact.
WHEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15303, 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 City Planning Commission
does hereby approve Conditional Use Permit No. 2009 -05452 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 general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code. 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 this permit is approved without limitations on the
duration of the use. Amendments, modifications and revocations of this permit may be processed in
accordance with Chapters 18.60.190 (Amendment to 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 City 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 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.
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. 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 October 12, 2009.
CHAIRMA
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Y PLANN ISSION
PC2009 -094
A'1'1'EST:
SENIOR SE&ETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on October 12, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, ROMERO
NOES: COMMISSIONERS: RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of October, 2009.
SENIOR SECIthARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2009 -094
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009 -05452
APN: 035 010 -80
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2
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is two to five feet.
10840
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PC2009 -094
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
PRIOR TO COMMENCEMENT
INSPECTION,
OF THE BUSINESS OR PUBLIC WORKS DEPARTMENT
WHICHEVER OCCURS FIRST
FINAL
1
The driveway approach shall be constructed in conformance to
Public Works Standard Detail No. 115 -B. The applicant shall obtain
a Right of Way Construction Permit from the Public Works
Department.
Public Works,
Traffic
Transportation
Division
Development
Services
2
All existing private improvements within Kemp Street right -of-
way shall be removed and relocated behind the right -of way line.
The applicant shall obtain a Right of Way Construction Permit from
the Public Works Department.
Public Works,
Development
Services
3
Fire lanes shall be posted with "No Parking Any Time
Public Works,
Development
Services
4
The applicant shall paint the address number on the roof so it will be
visible for the police helicopter. The rooftop address shall be a
minimum size of 4' in height and 2' in width. The lines of the
numbers are to be a minimum of 6" thick. Numbers should be
spaced 12" to 18" apart. Numbers should be painted or
constructed in a contrasting color to the roofing material. Numbers
should face the street to which the structure is addressed. Numbers
are not to be visible from ground level.
Police
5
An Emergency Listing Card, Form APD -281, shall be filed with
the Police Department, available at the Police Department front
counter, or it can be downloaded from the following web site:
http://www.anaheim.nettarticle.asp?id=678.
Police
6
A slatted 8 -foot high chain link fence shall be installed within the
10 -foot setback along Kemp Street enclosing the storage yard with
trees, shrubs and vines and shall be maintained in good condition
at all times. A total of seven 24" box trees shall be planted on 15-
foot centers, shrubs shall be planted on 3 -foot centers and vines
shall be planted on 3 -foot centers along Kemp Street as approved
by the Planning Department for full landscape coverage of the
Code Enforcement
EXHIBIT "B"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 2009-05452
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PC2009 -094
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
FOR
MONITORING
setback area. This area shall be irrigated and maintained the entire
length of the fence in order to screen and create a visual buffer for
the site.
GENERAL
7
No required parking areas shall be fenced or otherwise enclosed
for outdoor storage uses.
Code Enforcement
8
That any exterior modifications to the existing building shall be
reviewed and approved by the Community Development
Department's Neighborhood Preservation staff.
Community
Development
9
No exterior public address systems shall be permitted.
Code Enforcement
10
No outdoor storage shall not exceed the height of the fence.
Code Enforcement
11
The outdoor storage area for the nursery stock shall be maintained
in the area as shown on Exhibit No. 1 (Site Plan). No obstruction
by storage of equipment or materials of drive aisles shall be
permitted.
Code Enforcement
12
The parking spaces shall be maintained in the location and number
shown on Exhibit No. 1(Site Plan).
Code Enforcemen
13
The 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 (Site Plan) and 2 (Floor Plan)
and as conditioned herein and provided that unpaved areas of the
lot are covered with gravel.
Planning
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