Resolution-PC 2012-005RESOLUTION NO. PC2012 -005
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1
(EXISTING FACILITIES) AND APPROVING
CONDITIONAL USE PERMIT NO. 2011-05566 AND VARIANCE NO. 2011 -04882
(DEV2011- 00064)
(501 EAST CERRITOS AVENUE)
WHEREAS, the Anaheim 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.
WHEREAS, the Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim on January 18, 2012, 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;
WHEREAS, this property is developed with an industrial building. The
property is located in the I (Industrial) zone and the Anaheim General Plan designates the
property for Industrial land uses; 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. That the proposed use for a automobile sales facility is properly one for
which a conditional use permit is permitted under authority of Code Section No.
18.10.030.010 (Automotive Car Sales & Rental).
2. That the proposed use for an automobile sales facility, as conditioned
herein, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is located because it involves very little customer
traffic and; therefore, is compatible with surrounding industrial uses.
3. That the size and shape of the site of the automobile sales facility 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. That the traffic generated by the a automobile sales facility will not
impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area; and
5. That 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 and
will provide a land use that is compatible with the surrounding area.
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WHEREAS, the Planning Commission does further find and determine
that the request for a variance for less parking than required by Code should be approved
for the following reasons:
SECTION NO. 18.42.040.010
Minimum number of parking spaces.
(33 spaces required; 24 spaces
provided).
1. That the variance, under the conditions imposed will not cause
fewer off - street parking spaces to be provided for the industrial building than the number
of such spaces necessary to accommodate all vehicles attributable to this use under the
normal and reasonably foreseeable conditions of operation of the automobile sales
facility because the on -site parking for this use will adequately accommodate peak
parking demands of all uses on the site;
2. That the variance, under the conditions imposed, if any, will not
increase the demand and competition for parking spaces upon the public streets in the
immediate vicinity of the proposed use because the on -site parking for the industrial
building will adequately accommodate the peak parking demands of both for the
automobile sales facility and furniture warehouse business;
3. The variance will not increase traffic congestion within the off- street
parking areas provided for the automobile sales facility since all parking is contained on-
site and will not encroach into other parking facilities and the supply of parking is
adequate for the both the industrial use and the automobile sales facility. Further, the
project does not propose new ingress or egress points and is designed to allow adequate
on -site circulation and therefore will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the use.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 1 (Existing) 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 -05566 and
Variance No. 2011 -04882 and 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.
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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 perrnit 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. Failure to pay all charges shall result in the
revocation of the approval of this application.
THE FOREGOING RESOLUT' -ION was adopted at the Planning
Commission meeting of February 13, 2012
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
CHAIRMAN, ANAHEIM s Q SING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim Planning Commission held on February 13, 2012, by the following vote of
the members thereof:
AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of
February, 2012.
SENIOR S
TARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00064
0 O
E CERRITOS AVE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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PC2012 -005
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
A Drainage Impact and Improvement Fee (for Central
Anaheim) shall be paid based upon the area of pavement
that was added without permits in front of the building
adjacent to Cerritos Avenue. The fee shall be paid within
90 days of approval of this permit.
Public Works -
Development
Services
The property owner shall execute and record a covenant to
relocate at the property owner's sole expense the
freestanding sign located within the ultimate 53 foot right-
of -way easement of Cerritos Avenue. The covenant shall be
recorded within 90 days of approval of this permit.
ic Works -
Development
Services
3
Rooftop address numbers for the police helicopter.
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 the ground
level.
Police
Department
4
The property shall be permanently maintained in an orderly
fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of
graffiti within twenty four (24) hours from time of
occurrence.
Planning
Department -
Code
Enforcement
Division
5
That no more than four vehicles shall be displayed for sale
on the premises at any time.
Planning
Department —
Code
Enforcement
6
The three parking spaces proposed along the south side of
the building (adjacent to Cerritos Avenue) shall be reserved
for employees or display vehicles only. If necessary, the
space labeled as Parking Space No. 1 on Exhibit No. 1 (Site
Plan) may be utilized for disabled parking if properly
designed for such use. The two parking spaces labeled
Parking Space Nos. 4 and 5 on the Site Plan shall be
reserved for customer parking. These spaces shall be signed
Public Work,
Traffic and
Transportation
Division
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05566 & VARIANCE NO. 2011-04882
(DEV2011- 00064)
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PC2012 -005
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accordingly within 90 days of approval of this permit.
All parking areas shown on Exhibit No. 1 (Site Plan) shall
be striped and resurfaced, if necessary to accommodate said
striping, according to that plan. These improvements shall
be completed within 90 days of approval of this permit.
Planning
Department —
Planning
Services
Division
8
No inoperable vehicles shall be stored outside of the
building and no on -site vehicle repair, other than the
washing and detailing of vehicles, shall be permitted on -site.
Planning
Department —
Planning
Services
Division
9
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 Exhibit No. 2 (Floor Plan), and as conditioned herein.
Planning
Department —
Planning
Services
Division
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