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Resolution-PC 2008-88RESOLUTION NO. PC2008-88 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99-110, AS PREVIOUSLY AMENDED. (2861 EAST MIRALOMA AVENUE) WHEREAS, on June 21, 1999, the Anaheim City Planning Commission, by its Resolution No. PC99-1 l0, did approve Conditional Use Permit No. 4121 to permit and retain an existing automobile storage facility with a modular office unit to expire on January 21, 2003; and WHEREAS, on January 13, 2003, the Anaheim City Planning Commission, by its Resolution No. PC2003-5, did approve a reinstatement of Conditional Use Permit No. 4121 to expire on January 31, 2008; and WHEREAS, this property is currently developed with an automobile storage facility (California Auto Dealers Exchange) and locaCed in Development Area 1(Industrial Area) of the Northeast Area Specific Plan No, SP94-i; that the Anaheim General Plan designates this property for General Industrial land uses; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and inwrporated herein by this reference for an amendment to previously-approved Conditional Use Permit No. 4121 to reinstate the permit and modify or delete certain conditions of approval and modify plans to add a transporter unloading area and temporary structures with waiver of the following provision of the Anaheim Municipal Code: SECTION NO. 18.42.040.010 Masimum number of pazking spaces. (72 required; 9 proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 15, 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, to hear and consider evidence for and against said proposed reinstatement and amendment to the conditional use permit with a waiver of minimum number of parking spaces and to investigate and make findings and recommendations in connection therewith; and -1- PC2008-88 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 _ , . __ earing, does find and determine the following facts: 1. That an amendment to the conditional use permit to permit add a transporter unloading area, temporary structures and a pazking waiver is permitted under authority of Code Section 18.60.190; 2. That an amendment to the conditional use permit will not adversely affect the adjoining land uses or the growth and development of the area because the addition of the transporter unloading area would enabie the business to conduct these activities on-site; 3. That the size and shape of the site for the vehicle storage lot, as amended, is adequate to allow full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare because appropriate areas have been designated for employee pazking circulation, vehicle staging and storage; 4. That granting of the amendment to 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 wili provide a land use that is compatible with the surrounding area because the requested modifications would allow acfivities to be eonducted on-site and, further, that the parmanent plan would be limited to vehicle storage; 5. That the variance will not cause fewer off-street parking spaces to be provided for the proposed vehicle storage lot than the number of spaces necassary to accommodate all vehicles for employees and visitors, based on the findings of the parking study conducted by Kimley-Hom and Associates in July 2008; and 6. That the traffic generated by the vehicle storage lot would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the use of vehicle transporters would reduce the overall number of trips to the site as compared to each vehicle being driven to the site individually; and 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to khe subject petirion. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Negative Declazation previously approved in connection with Conditional Use Perznit No. 4121 is adequate to serve as the required environmental documentation in connection with this request. -Z- PC2008-88 BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed reinstatement and amendment to Conditional Use Permit No. 4121 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC99-110, as amended by Resolution No. PC2003-5 and as adopted in connection with Conditional Use Permit No. 4121, as 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 welfaze of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that except as amended herein, Planning Commission Resolution No. PC99-110, as previousiy amended, remains in full force and effect. ~--~ BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the durarion 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 Mnnicipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the condirions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of the court of competent jurisdiction, then this Resolu6on, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner/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, prior to the issuance of building permits or commencement of activity 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 applicakion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 15, 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 may be replaced by a City Counci] Resolution in the event of an appea~ ~ CHAIRM~1, ANA~HEIIvTPLA]rINING COMMISSION ATTEST: SENIOR S~`RETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-$8 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 September 15, 2008, by the following vote of the members thereof: AYES. COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this _~=~" day of September, 2008. v ~` SENIOR S"~CRETARY, ANAHEIM PLANNING COMM[SSION -4- PC2008-88 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 4121 -4- PC2008-88 , , , . Source: Reccrded Tnd Aiaf s antllor CI~/ ~~~ Pleasa note ~he accuracy is+/. pyo ~o f+e leet. EXHIBIT "B" CONDTTIONAL USE PERMIT NO. 4121 RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING INTERIMPLAN, WHILE THEMAIN'FACILITYEXPANSIONIS UNDER CONSTRUCTION, PER CONDITIONfIL USE PERMIT NO. 2334 (TRACKING NO. CUP20d7-05260) 1 That, within 30 days of the date of this resolution, the subject , property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by planning the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1(Interim Site Plan), and as conditioned herein. 2 That no dealers shall be permitted on-site; and that no sales Planning activities shall be permitted on this property. GENER4L 3 That, within 120 days of the date of this resolution, the subject property shaA be developed substantially in accordance with ' plans and specifications submitted to the City of Anaheim by planning the petitioner and which plans are on file with the Planning Deparhnent marked Exhibit No. 2(Permanent Site Plan), and as conditioned herein. 4 That the business shall be subject to yearly Code Enforcement inspections, at the expense of the business owner, for a period of three years, after which such annual inspections will be Code Enforcement conducted as deemed necessary by the Code Enforcement Division of the Planning Department. 5 That no customers or dealers shall be permitted on-site; and that planning no sales activities shall be permitted on this property. 6 That activities on-site shall be limited to vehicle storage. Planning 7 That no transporter staging shall be conducted off-site. Planning 8 That the transporter staging area shall of adequate size to accommodate up to Cwo large transporters (10 vehicle capacity) Planning or four small transporters (2 vehicle capacity). -4- PC2008-88 9 That no Special Events shall be permitted at this property. Planning -.. Code Enforcement 10 TUat this storage facility shall be limited to automotive vehicles only in conjunction with the primary business, Califomia Auto Dealers Exchange ("C.A.D.E.") which is located at 1320 North Planning Tustin Avenue. No other equipment or types of materiais shall be stored on-site. ll That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic Traffic on the adjacent public street. Installation of any gates shall be Engineering subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 12 That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased Planning and/or dies. 13 That subject property shall be maintained in conformance with Engineering Standazd Plan Nos. 436 and 602 pertaining to Traffic parking standards and driveway locations, and as approved by Engineering the City Traffic and Transportation Manager. 1Q That trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Streets and Sanitation Division, and in accordance with approved plans on Sanitation file with said Department. 15 That no signs what-so-ever shall be permitted on this property. Planning 16 That a valid business lice~se shall be maintained with the Code Enforcement Business License Division of the Finance Department. 17 That on-site maintenance of automobiles or trucks shall not be p]anning permitted. 18 That the gates shaU be closed when the business is not in planning operation. -5- PC2008-88 19 That approval of this application constitutes approual 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 Planning action or findings as to compliance or approval of the request regarding any other applicable oxdinance, regulation or requirement. 20 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 Planning modification complies with the Anaheim Municipal Code and (iii) the applicant has dempnstrated significant progress towazd establishment of the use or approved development. 21 Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Planning Anaheim Municipal Code. -4- PC2008-88 City of Anaheim ~LA1V[VII~1G DEPAI2TI~EIVT vnvwanaheimnel September 23, 2008 Bob Spears Cade 1320 N. Tustin Ave. Anaheim, CA 92807 SUBJECT: CONDITIONAL U5E PERMIT NO. 4121 / PC2008-88 ('1'rnckingNo. CUP2008-05319) Dear Mr. Spears: Congratulations! Your proposed project at 2861 East Miraloma Avenue was approved by the Planning Commission o~ September 15, 2008. Enclosed is a copy of the Planning Commission's decision. Keep in mind that this decision will npt be final until the twenty-lwo (22) day appeal period expires. If an appeal is made or if the City Council decides to hold an additional public hearing, your project planner will notify you immediately and provide you the date of the public hearing. The action of the Planning Commission is contained in the attached resolution. You will notice the resolution has a table containing conditions of approval related to your project. The City department responsible for monitoring this condition is listed in the last column (i.e. Planning, Public Warks or Police). Please contact Elaine Thienprasiddhi, (714) 765-4946, ethien@anaheim.net, to discuss the next step for moving your project forward. I have also attached a process flow chart so you know what remaining steps are necessary to complete your project. Please keep these documents in a secure place. In the event the property is sold, provide the attached resolution to the new/prospective property owner. Thank you for choosing Anaheim for your project. Make sure to complete and return the enclosed survey regarding our process. If there is any way we can improve our service, please let us know. Since ly, C CJ mstru AICP PI nning Services Manager Enclosures c: Landry Properties LP, P.O. Box 1306, Santa Monica, CA 90406 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92A03 TEL (714)765-5139