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Resolution-PC 2008-8* ~ RESOLUTION NO. PC2008-8 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CONDITIONAL USE PERMIT N0.4171 (TRACKING NO. CUP2007-05276), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-142, ADOPTED THEREWITH (1500 NORTH LEMON STREET) WHEREAS, on August 8, 2000, Resolution No. 2000R-166 was adopted by the Anaheim City Council to grant Conditional Use Permit No. 4171 and permit construction of a 281,133 square foot commercial retail center of regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full-serve restaurants, amulti-tenant pad building, and afreeway-oriented freestanding sign, and with waiver of minimum number of parking spaces on 26.3 acres of property located at 1500 North Lemon Street; and WHEREAS, on March 12, 2001, the Planning Commission approved a Phase One landscape plan for permanent landscaping on a portion of the site; and that on August 7, 2001, the Commission approved a Phase One sign program for construction of five freestanding signs, wall signage for the home improvement store, and conceptual wall signage for the remaining major tenants and pad buildings; and WHEREAS, on September 24, 2001, the Planning Commission approved an amendment to Conditional Use Permit No. 4171 to modify the exhibits to include one 3,699 square foot drive-through fast food restaurant, a 36,000 square foot health club, and a 244,321 square foot retail building with three additional tenant spaces and approved Resolution No. PC2001-142 amending Resolution No. 2000R-166, in its entirety; and, WHEREAS, on January 8, 2007, the Planning Commission approved a request for determination of substantial conformance for Conditional Use Permit No. 4171 with previously- approved exhibits and review final landscape plans for a previously approved commercial retail center; and, WHEREAS, this property is currently developed with a home improvement store, health club, home and electronic retail business and afast-food restaurant, the underlying zoning is C-G (General Commercial) and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested amendment of this conditional use permit to permit a car audio installation center in conjunction within an existing retail business pursuant to Code Section 18.60 of the Anaheim Municipal Code; and -1- PC2008-8 • • WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 7, 2008, at 2:30 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 "Procedures", to hear and consider evidence for and against said proposed amendment 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. That the proposed amendment of this permit to permit a car audio installation center within an existing retail business is properly one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 (Automotive Repair and Modification) and Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the use permit has operated in substantially the same manner as originally approved by the Planning Commission. 3. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 4. That the traffic generated by the use has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this amendment, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 6. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that EIR No. 323 previously approved in connection with Conditional Use Permit No. 4171 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend Conditional Use Permit No. 4171 to permit a new car audio installation center in conjunction with an existing 281,133 square foot commercial retail center of regional significance, including a home improvement store, health club, three drive-through fast food restaurants, two full-serve restaurants, amulti-tenant pad building, and afreeway-oriented freestanding sign. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does herby amend the conditions of approval of Resolution No. PC2001-142, pertaining to Conditional Use Permit No. 4171 to include the following: -2- PC2008-8 • • Responsible for COA Conditions of Approval Monitoring GENER~iL ~ ~ ~t,t.. ~b ~~~~ ~r~~~X~ : '=;'~~ ~ _, =~ . ~Y i~~*~'~~~ - COA 1 All activity relating to car audio and video installation shall Planning occur only within the approved installation room as noted on the approved exhibits. No activity shall be conducted outside the building including work on vehicles, staging or stacking of cars waiting for service or to be picked up. Any vehicle that is scheduled for service or has had service completed shall be parked in the parking lot. COA 2 The hours of operation shall not extend beyond the hours of the Planning retail store. No service shall be performed on vehicles before or after the retail store business hours. COA 3 No canopies or tents of any kind are permitted outside the Planning building. COA 4 Subject property shall be developed and maintained Planning substantially in accordance 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 and Exhibit Nos. 2 and 3; and as conditioned herein. COA 5 That timing for compliance with conditions of approval may Planning 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. COA 6 That extensions for further time to complete conditions of Planning approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA 7 That approval of this application constitutes approval of the Planning 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. -3- PC2008-8 • BE IT FURTHER RESOLVED that the Anaheim 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHA ,ANAHEIM ANNING COMMISSION ATTEST: 2~ SENIOR S>CRETARY, ANAHEIM PLANNING COMMISSION 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 January 7, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 23`d day of January, 2008. r--~, /~ Gl- `'t- ~~ SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-8