Resolution-PC 2010-028RESOLUTION NO. PC2010 -028
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A PREVIOUSLY- APPROVED NEGATIVE
DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2006 -05137
AND AMENDING CONDITIONS OF APROVAL OF RESOLUTION NO. PC2007 -15
(DEV2010- 00019)
(3040 EAST CORONADO STREET)
WHEREAS, on March 5, 2007, the Anaheim City Planning Commission, by its
Resolution No. PC2007 -15, did approve Conditional Use Permit No. 2006 -05137 to permit an
outdoor storage yard including accessory repair with fewer parking spaces than permitted by
code and variance from the code requirement to provide an 8 -foot high block wall adjacent to
residential property for that certain real property situated in the City of Anaheim, County of
Orange, State of California, as particularly shown on Exhibit "A attached hereto and
incorporated herein by this reference (the "subject property and
WHEREAS, the subject property is developed with a legal non conforming single
family residence and modular trailer. The property is located in the Northeast Area Specific Plan
No. 94 -1, Development Area 1 zone and the Anaheim General PLan Land Use Element
designates the property for Industrial land uses; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Conditional Use Permit No. 2006 -05137 to permit a contractor
storage yard on the subject property (designated as "Conditional Use Permit No. 2006
05137A"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 26, 2010, 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 Planning 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. The request to permit an outdoor storage facility is properly one for which a
conditional use permit is authorized under Code Section Nos. 18.120.050.050.0515 (Conditional
Uses and Structures) and 18.38.200 (Outdoor Storage) of the Anaheim Municipal Code.
1 PC2010 -028
2. The operation of the outdoor storage facility 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 adjacent to industrial uses and site screened from view
from the public right -of -way. Further, this use is less intensive to the area because it does not
include construction activity for a permanent building on the site.
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 outdoor storage has been established on this site for many years and further the outdoor
storage facility and activities would be screened from view from the public right -of -way.
4. Tlie 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 no physical improvements are
proposed and outdoor storage, as proposed, will not have a negative environmental impact.
WHEREAS, the Anaheim Planning Commission has reviewed the proposal and
does hereby find that a previously- approved Negative Declaration in connection with
Conditional Use Permit No. 2006 -05137 is adequate to serve as the required environmental
documentation in connection with this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2006- 05137A.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend and restate the conditions of approval adopted in connection with Planning
Commission Resolution No. PC2007 -15, approving Conditional Use Permit No. 2006 05137, to
read as stated in Exhibit "B" attached hereto and incorporated herein by this reference, which
conditions 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 hours of operation or 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.
2 PC2010 -028
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Resolution No. PC2007 -15, approving Conditional Use Permit No. 2006- 05137,
shall remain if full force and effect.
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 the revocation of the
approval of this application.
meeting of April 26, 2010.
ATTEST:
THE FOREGOING RESOLUTION a'opted at the Planning Commission
CHAIRMAN. ANAHEIM CITY PLANNING COMMISSION
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2010 -028
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, Eleanor Morris, 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 April 26, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of April, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
4 PC2010 -028
AP N 344 -371 -101
EXHIBIT "A"
DEV2010 -00019
Q r E
5
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +l- two to five feet.
10945
PC2010 -028
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2006-05137A
(DEV2010- 00019)
NO. CONDITIONS OF APPROVAL
PRIOR TO ISSUANCE OF A BUILDING PERMIT
1 The outdoor storage area shall be covered in a gravel surface of
no less than one inch deep.
The outdoor storage area shall be site screened from the public
2 right -of- way with chain link fencing interwoven with slats
which shall be maintained free of separation and breaks.
3 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 No required parking area shall be fenced or otherwise enclosed
for outdoor storage use.
5 The height of any outdoor storage shall not exceed the height of
the perimeter fencing as required by code.
The property shall be permanently maintained in an orderly
6 fashion through the provision of regular landscaping and fence
maintenance, removal of trash and debris, and removal of
graffiti within twenty four (24) hours from time of discovery.
7 The maintenance of vehicles and equipment shall not occur on
the property.
The property owner shall obtain building permits within 90 days
8 of the approval of this resolution for the modular trailer in order
to permanently maintain this structure on the property.
The property owner shall obtain building permits within 180 days
of the approval of this resolution for the conversion of the
9 caretaker's residence to an office use. Should the owner
determine that this structure will remain a caretaker's residence,
documentation in the form of an updated residential floor plan
shall be submitted.
10 Ongoing during project operation, 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.
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12
Four -foot high address numbers shall be displayed on the roof
of the modular trailer in a contrasting 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
An Emergency Listing Card, Form APD -281 must be filed with
the Police Department, available at the Police Department front
counter.
RESPONSIBLE
FOR
MONITORING
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Police
Police
6 PC2010 -028
Should the property owner determine that a vehicle wash bay is
13 needed, plans for the construction of a concrete bay and
associated drainage shall be submitted to the Planning and
Public Works Departments for review and approval necessary
for issuance of required permits.
The property owner shall irrevocably offer to dedicate to the
14 City of Anaheim an easement 38 feet in width from the
centerline of Coronado Street for road and public utilities
purposes.
15 That the trash storage area shall be provided in an area
acceptable to Public Works Department, Sanitation Division.
Trash receptacles shall not be readily visible from the public
right -of -way.
The owner of subject property shall submit a letter requesting
termination of Conditional Use Permit No. 2001 -04394 (to
16 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.
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.
17
Planning Public
Works, Traffic and
Transportation
Services
Public Works, Traffic
and Transportation
Services
Public Works,
Sanitation Division
Planning
Planning
PC2010 -028