Resolution-PC 2008-85RESOLUTION NO. PC2008-$5
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATNE DECLARATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05326 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2008-66,
AS AMENDED, ADOPTED THEREWITH
(TRACKING NO. CUP2008-05345)
(502 - 524 EAST NLIANNA STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified PetiYion
for an amendment to Conditional Use Permit No. 2008-05326 to permit an automotive repair and
modification use on the property in conjunction with a towing service and impound facility with
Yhe wasliing of Yowing vehicles on certain real property situaCed in the City of Anaheim, Coimry
of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by
this reference; and.
WHEREAS, on June 23, 2008, Resolution No. 2008-66 was adopted by the
Planning Commission approving Conditional Use Perniit No. 2008-05326 for a towing service
and impotmd facility with Yhe washing of Yowing vehicles with waiver of minimum number of
required parking spaces where 68 spaces were required and 37 spaces were approved; and
WHEREAS, the applicant has requested an amendment to Yhis conditional use
parmiY to pennit auYomoYive repairs aud modifications in conjiinction witli Ylie towing and
impound business or as a separate business pursuant to 18.60 of the Anaheim Municipal Code;
and
WHEREAS, Yhe Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 4, 2008, at 2:30 p.m., notice of said puUlic hearing
having been duly given as required by law and in accordance witli the provisions of the Analieim
Municipal Code, Cliapter 18.60, to liear and consider evidence for and against said proposed
amendn~ent to a conditional use pennit and to investigate and make findings and
recanmendatious in connection therewith; and said public hearing was continued to August 18,
2008; 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 tlie following facts:
l. Tiiat the proposed requesC to permit automotive repairs and modifications in Cl~e
Industrial (I) zone is properly one for which a conditional use permiY is authorized by Anaheim
Mtuiicipal Code SecYion 18.10A30.040.0402 (AuYomotive- Repair & Modificatioti).
2. That flie autoniotive repair and modificatioal use, as conditianed, will not
adversely affect tlie adjoining land uses and the growth and development of the area in which it
is located becaiise the site is surrounding by industrial uses.
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3. That tl~e size and shape of tlie site for the use is adequate to allow auYomotive
repair and modifications in a manner not detrimental to eitlier tlle particular area or healtli and
safety as the property is fiilly developed and there is sufficient parlcing to provide for tlie uses on
tlie properly througl~ tlie combination of parking on the property and inside Building Two.
4. That the traffic generated by the nse of the property will not impose an imdue
burden upon tlie streets and highways designed and improved to carry the traffic in the area.
5. That the granting of the conditional use permit under the condiYioirs imposed will
3ioY Ue detrimanYal to the healCh and safeCy of the ciYizens of the City of Anaheim.
6. That no one indicated Yl~eir presence at said public hearing in opposition; and Yhat
no conespondence was received in opposition to the subject petition.
WHEREAS that tlie Anaheim Planning Commission has reviewed flie proposal
and does laereby fincl that tUe Negative Declaration previously approved in com~ection with
Conditional Use Permit No. 2008-05326 (Traclcing No. CUP2008-05345) is adequate to serve as
the required environraental doctimenYation in connection witl~ this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve an amendment to Conditional Use Permit No. 2008-532G
suUject to che conditions of approval described in Exliibit `B" attached liereto and incorporated
by this reference which are hereby found to be a necessary prerec~uisite to the proposed use of the
snbject property in order to preserve the health, safety and general welfare of the Citizens of tlie
City of Anaheim.
BE IT FURTHER RESOLVED tliis permit is approved withouY limitations on tl~e
hours of operation or the dtiration of tlie use. Amendments, modifications and revocations of
this pennit may be processed in accordance with Chapters 18.60.190 (Amendment of Pennit
Approval) and i8.60.200 (City-Initiated Revocation or Modification ofPennits) of tlle Anaheim
Municipal Code.
BE IT FURTHER RESOLVED tUat the Analteim Plamiing Commission does
hereby find and determii~e tUat adoption of Yhis Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove seY Fortli. Should ar~y
such condiYion, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, tl~en tliis Resolution, and any approvals herein contained,
shall Ue deemed mtll and vaid.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
cl~arges related to the processing of this discretionary case application within 15 days of the
issuance of tl~e final invoice. Failure to pay all charges shall result in tlie revocation of Uie
approval of this a~plication.
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THE FOREGOING RESOLUTION was adopted at tlie Planning Commission
meeting of Aeigust 18, 2008. Said resolutioil is subject to the appeal provisions seY forkli in
Cltapter 18.60, "Zoning Provisions - General" of the Analleim Municipal Code pertaining to
appeal procedures and may be replaced by a CiYy Council Resolution i~l the event of an appeal.
ATTEST:
v ~.i
SENIOR SffLrRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COiTNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do
hereby certify tliat the foregoing resolution was passed and adopYed at a meeting of the Analieim
Planning Commission held on August 18, 2008, by the following vote af the members tliereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAICI, RAMII2EZ,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: EASTMAN
IN WITNESS WHEREOF, I l~ave hereunto set my ltand this ~~~day of
August, 2008.
SENIOR SL~2'RETARY, ANAHEIM PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2008-05326
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LA pALMA AVENUE
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05326
No. Conditions of Approval Responsible for
Monitorin
PRIOR TO COMD~ENCEMENT OF OPERATION OF THE B USINESS
1 That 4-foot high address numbers shall be displayed on Police
CUe roof in a contrastii~g color to the roof material. The
numbers sl~all not be visible from tlte view of tl~e street
or adjacent properties.
2 That the business owner sliall submit a proposal Publie Worlcs
specifically identifyitlg how wash waCer and poll~itants
associated witli towing vel~icle ~vaslling are fiilly
captured and properly disposed. Said proposal shall Ue
submitted to tlle Public Worlis Department for review
and approval.
ONGDING D URING OPERATION
3 T1~aT parking inside Building Two in conjunction with Plaiming
Ylie automotive repair and modification use shall comply
wifh City standards incltiding naini~nttm stall
dimensions, back-up and drive aisle widths.
4 ThaC vehicle washing slaall be lunited only to towing Planning
veliicles and noY Cowed vehicles.
5 Storage of impounded vehicles shall be permitted in Planning
Building Three and in the enclosed outdoor storage area
as desigi~ated on Revision No. 1 to Exhibit No.l. If the
storage of impotmded vehicles is expanded into
Buildings One and Two, a revised site and floor plan
shall Ue submitted to the DevelopmenY Services Division
of the Planning Department for review and approval to
ensura adequate circulaCion oi~ the site. Additional
parlcing is not required for this vehicle storage expansion
provided that there is no expansion ofoffice space. Tlie
sYorage of impounded vehicles or any oCher vehicles
being stored on the property shall noY occur within any
required parlcing space, whether said required parking
space is inside or outside a building.
6 Tlaat outdoor storage shall be limited to the area Planning
designated on Revision No. 1 to Exhibit No. 1.
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7 Tliat ongoitzg during prQjact operation, under no Public Worl<s
circumstances shall vehicles be unloaded or loaded on
any public right-of-way nor sltall any vehicles be parked
or staged oi~ said streeCs.
8 That automotive repairs, modifications, body worlc, Planning
painYing or other automotive-related activities shall be
liinited to only the service bays and shall not be
conducted on any vehicles parked in required parl<ing
spaces inside tiie biiildiizg or in designated parlcing areas ~~
on the property. That is any painting is proposed the
business owner sllall obtain required pemlits from
Anal~eim Fire Deparfinent and AQMD prior operation.
9 That vehicle parts or niaterials shall be stored inside of Plaruiing
buildings.
10 Tliat gates sliall not be installed across any driveway in a Planning
manner which may adversely affect vehicular traffic in
the adjacent public streets.
GENERAL CONDITIONS
11 That tl~e property shall be ~permanently mai~tained in an Planning
orderly fashion Yluough the provision of regilar
landscaping maintenance, removal of trash or debris, and
removal of graffiti wiChin twenty-four (24) hours &om
fhe time of discovery.
12 Tltat suUject property sliall be developed substantially in Pluming
accordance with plans and specifications submitted to
the City of Analieim by the petitioner and which plans
are oia file with the Planning Deparfinent marked
Revision No. 1 to ExliibiY No. 1, and as conditioned
herein.
13 That timing for compliance witla conditions of approval Planning
may be amended by the Planning Director upon a
~ showing of good cause provided (i) equivalent timing is
establislied tl~at satisfies the original intent and purpose
of the condition(s), (ii) the modification compiies wit6
tlie Analteim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment
of the use or approved development.
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14 That approval of tlvs application constitutes approval of Planning -
CUe proposed request only to the extent that it complies
witli Yhe Anaheim Miuiieipal Zoning Code and any oti~er ~
applicaUle City, State a»d Federal regulations. Approval
does not include any aclion or findings as to compliance
or approval of the request regarding any other applicable
ordinai~ce, regulation or requirement,
15 Tiiat exCensioi~s for fiirther time to complete conditions Planning
oP approval may be granted in accordance wiYli Section
18.60.170 of tl~e Anal~eim Mimicipal Code.
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