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Resolution-PC 2009-095RESOLUTION NO. PC2009 -095 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05453 (1109 1119 NORTH PATT 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 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 for trucks in association with an engineering firm; and 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 for trucks in association with an engineering firm 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 outdoor storage facility for trucks will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the use is similar to existing uses in the area and would be screened from public view. 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 because the parking demand for this use is the same as a general industrial use permitted in the industrial zone. 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 the use is similar to existing uses in the area and would be screened from public view. PC2009 -095 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 -05453 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 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 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 the revocation of the approval of this application. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 12, 2009. CHAIRMAN, ANA EIM CITY PLANNING COMMISSION 2 PC2009 -095 ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STA IE 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 City 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 SEC TARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -095 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2009 05453 0 1 a 2 w 1O( E JULIANNA ST 1- 1- F z Source: Recorded Traci Maps and/or City GIS. Please note the accuracy is two to five feet. 10841 4 PC2009 -095 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING PRIOR TO COMMENCEMENT INSPECTION OF THE BUSINESS OR PUBLIC WORKS DEPARTMENT FINAL WHICHEVER OCCURS FIRST 1 The existing driveway approaches along Kemp Street shall be closed (per Condition No. 1 of Parcel Map 2007 -232, recorded in book 365, pages 6 through 9) and replaced with curb and gutter in conformance with Public Works standard detail No. 110 -B. Public Works, Development Services 2 The applicant shall obtain Right -of -Way construction permits from the Public Works Department for improvements within the street right -of -way. Public Works, Development Services 3 Fire lanes shall be posted with "No Parking Anytime." Public Works, Traffic Transportation Division 4 Rooftop address numbers for the police helicopter shall be indicated on plans submitted for Building permits. Minimum size 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, must 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.net/article.asp?id=678. Police 6 A slatted eight -foot high chain link fence shall be installed within the ten -foot setback along Kemp Street along with shrubs and clinging vines and shall be maintained in good condition at all times. Vines shall be planted on three -foot centers and shrubs planted as approved by the Planning Department for full coverage of the 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. Code Enforcement EXHIBIT `B" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-05453 -5- PC2009 -095 7 The existing slatted chain link fence along the east property line of Patt Street enclosing the storage yard shall be maintained at six (6) feet high with vines planted on the interior of the fence and trellised to grow to the outside of the fence for landscape coverage. The fence shall be maintained in good condition at all times. Landscape material shall be irrigated and maintained for the entire length of the fence in order to screen and create a visual buffer for the site. Code Enforcement 8 A slatted eight -foot high chain link fence shall be installed adjacent to the public alley within the three -foot setback area and be maintained in good condition at all times. Clinging vines shall be planted adjacent to the alley on three -foot centers, irrigated and maintained the entire length of the fence to screen and create a visual buffer for the site. Code Enforcement GENERAL 9 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 10 The required shrubs and vines planted adjacent to Kemp Street, Patt Street and the alley shall be maintained as shown on plans submitted and approved by the Planning Services Division. Shrubs and vines that are diseased, damaged and /or dead shall be replaced in a timely manner. Code Enforcement 11 No exterior public address systems shall be permitted. Code Enforcement 12 The outdoor storage area shall be maintained as shown on Exhibit No. 1 (Site Plan). No obstruction by storage of equipment or materials of drive aisles hall be permitted. Code Enforcement 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 No.1 (Site Plan) and as conditioned herein and provided that unpaved areas of the lot are covered with gravel. Planning 6 PC2009 -095