Loading...
Resolution-PC 2010-032RESOLUTION NO. PC2010 -032 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05489 AND VARIANCE NO. 2010 -04811 (DEV2010- 00037) (3001 EAST MIRALOMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive verified Petitions for a Conditional Use Permit and Variance to permit a temporary modular building and outdoor storage of industrial and medical gases and to construct a new monument sign in a location not permitted by Code, 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; and WHEREAS, the property is currently vacant and is located in the SP 94 -1, D.A. 1 (Northeast Area Specific Plan; Industrial Area) zone. The General Plan designates this property for Industrial land uses: and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 10, 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 variance 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use pei is authorized by Anaheim Municipal Code Section 18.120.050.050.0545 (Outdoor Storage). 2. That the temporary modular building and outdoor storage of industrial and medical gases 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 industrial uses and will not be visible from the public right -of -way. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the outdoor storage use and activities would be screened from view from the public right-of-way and sufficient parking will be provided to accommodate employees, customers, and truck storage. 1 PC2010 -032 4. That the traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of cars and trucks entering and exiting the site are consistent with typical industrial businesses that would be permitted as a matter of right within the SP 94 -1, D.A. 1 (Northeast Area Specific Plan; Industrial Area) zone. WHEREAS, said Commission does further find and determine that the request for a variance of the following Code Sections should be approved for the following reasons: (a) SECTION NO. 18.44.080.090 Permitted location of freestanding monument signs. (50 -foot setback required from an abutting property line; 0 feet proposed) 1. The variance pertaining to the permitted location of monument signs is hereby approved because there are unique circumstances applicable to this property that warrant the sign location because the property is flag shaped with a 20 -foot wide driveway fronting on Miraloma Avenue; therefore, the applicant would not be able to effectively advertise the business with freestanding signage along the street frontage and comply with this setback requirement. WHEREAS. the proposed project falls within the definition of Categorical Exemptions, Class 3 (New Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2010 -05489 and Variance No. 2010- 04811, 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. 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) 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. 2 PC2010 -032 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 May 10, 2010. 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. A'1'1'EST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1 CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION 1, 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 May 10, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BUFFA, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 10 day of May, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -032 EXHIBIT "A" DEV2010 -0003 A. 1 I AP N: 344 221 -11 I z v�. Source, Recorded Tract Maps andlor City GIS. Please note the accuracy is +1- two to five feet, 10950 4- PC20I 0 -032 EXHIBIT "13" CONDITIONAL USE PERMIT NO. 2010-05489 VARIANCE NO. 2010-04811 (DEV2010- 00037) NO. CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 Trash storage areas shall be provided and maintained in a location Public acceptable to the Public Works Department and in accordance with Works approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. 2 On -going during project operation, no required parking areas shall Code Ent be fenced or otherwise enclosed for outdoor storage uses. 3 The owner of subject property shall submit a letter requesting Planning termination of Conditional Use Permit No. 2004 -04884 (to permit the outdoor storage of automobiles) to the PIanning Services Division. 4 Curbs adjacent to the drive aisles shall be painted red to prohibit Public parallel parking in the drive aisles. Red curb locations shall be Works clearly labeled on building plans. Traffic 5 Fire lanes shall be posted with "No Parking Any Time." Said Public information shall be specifically shown on plans submitted for Works building permits. Traffic PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 6 If the facility is subject to the Ca1ARP program, then a Risk Fire Management Plan shall be prepared and submitted to the Fire Department. GENERAL CONDITIONS 7 Parking lots, driveway, circulation areas, aisles, passageways, Police recesses and ground contiguous to buildings, shall be provided with enough lighting to illuminate and 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 onsite. 8 Within 30 days after bringing hazardous materials of quantities equal to or greater than 55 gallons, 500 pounds, or 200 cubic feet onto the facility, a Hazardous Materials Business Plan shall be REVIEW SIGNED BY OFF BY Fire 5 PC2010 -032 NO. CONDITIONS OF APPROVAL prepared and submitted to the Fire Department. 9 The property shall be permanently maintained in an orderly fashion Code Enf. through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 10 The subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), and as conditioned herein. REVIEW SIGNED BY OFF BY 6 PC2010 -032