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Resolution-PC 2011-038RESOLUTION NO. PC2011 -038 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. 2011 -05558 (DEV2011- 00042) (1600 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05558 to permit a recreational vehicle storage facility in conjunction with an existing automobile sales dealership 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. WHEREAS, this property is developed with an automobile dealership located in the C -G (General Commercial) zone and the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 9, 2011, at 5:00 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 a recreational vehicle storage facility in conjunction with an existing automobile sales dealership is properly one for which a conditional use permit is authorized under Code Section Nos. 18.66.040.020.0202 (Approval Authority) of the Anaheim Municipal Code. 2. The proposed recreational vehicle storage facility will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it will be located within the interior and rear of the property and will be screened from the adjacent uses. 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 of the citizens of Anaheim because this storage facility is on developed property and no future development or expansion is proposed. 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 storage facility will general minimal traffic. - 1 - PC2011 -038 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the existing land use will continue to be compatible with the surrounding area and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, 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. 2011 -05558 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 Conditional Use 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. - 2 - PC2011 -038 THE FOREGOING RESOLUTION was pted at the Planning Commission meeting of May 9, 2011. ATTEST: CHAIRMAN, ANAH —1 CITY PLANNING COMMISSION //I 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 City Planning Commission held on May 9, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of May 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -038 APNs: 250- 091 -09 250 -091 -10 250 - 091 -11 Ir t W PAMPAS LN W LINCOLN AVE EXHIBIT "A" DEV2011- 00042 200' 467' 292.46' i W EMBASSY ST W MABLE ST Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 11095 - 4 - PC2011 -038 NO. 1 The barbed wire must be removed from all fencing on the property. 2 All chain link fencing shall be interwoven with PVC slats or other suitable material to provide screening of the storage uses. The use of wooden slats shall not be allowed. A screening plan shall be submitted to the Planning Services Division for review and approval prior to installation. 3 Landscaping shall be planted in front of the relocated chain link fence along Loara Street at the southeast end of the property. An automatic irrigation system shall also be installed in this planter area prior to any planting. A landscape and irrigation plan shall be submitted to the Planning Services Division for review and approval prior to installation. 4 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. The property owner /developer shall submit a security plan to deter unlawful conduct on the property, promote the safe storage of vehicles, and to prevent disturbances to the surrounding neighborhood. This plan shall be reviewed and approved by the Police Department and shall include a closed circuit video monitoring and recording system or other acceptable security measures. The approved security measures shall be utilized on an on -going basis and all security equipment shall be continuously maintained in proper working condition. That Condition Nos. 1 through 5, above, shall be completed within 60 days of project approval. 7 The subject property shall be developed substantially in accordance with plans 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. 5 6 IE XH IB ]IT " CONDITIONAL USE PERMIT NO. 2011-05553 (DEV2O11- 00042) CONDITIONS OF APPROVAL I EVITEW BY Planning Services Planning Services Planning Services Planning Services Planning Services/ Police Department Planning SIGNED OFF ILY - 5 - PC2011 -038