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Resolution-PC 2009-097RESOLUTION NO. PC2009 -097 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 -05450 (1555 SOUTH STATE COLLEGE BOULEVARD) 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 yard for granite and related building materials; 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 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 an outdoor storage yard for granite and related building materials 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 outdoor storage area will not be visible from the public right -of -way and is completely enclosed by fencing. 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 this use allows the full containment and screening of the outdoor storage area. 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 as there are no adverse environmental effects associated with the outdoor storage area. 1 PC2009 -097 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 -05450 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 EI CITY PLANN -2 MISSION PC2009 -097 Al LEST: SENIOR SECRETARY, 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, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 12` day of October, 2009. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2009 -097 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2009 -05450 APN: 082- 250 -63 082 250 -65 082- 250 -67 ino Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +F two to five feet. 10843 PC2009 -097 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING GENERAL 1 On -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 2 Within 90 days of approval of this conditional use permit, vines shall be planted on the interior of the lot adjacent to the westerly property line abutting the railroad right -of -way in order to fully screen the site from public view. Vines shall be planted on 3 —foot centers and irrigated. Code Enforcement 3 No outdoor storage shall exceed the height of the fence. Code Enforcement 4 The outdoor storage area shall be maintained as shown on Exhibit No. 1 (Site Plan). No equipment or material storage shall be placed in drive aisles or otherwise obstruct vehicles from using the drive aisles. Code Enforcement 5 The parking spaces shall be maintained in the location and number shown on Exhibit No. 1 (Site Plan). Code Enforcement 6 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 and as conditioned herein. Planning EXHIBIT `B" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2009-05450 -5- PC2009 -097