Resolution-PC 2009-114RESOLUTION NO. PC2009-114
A RESOLUTION OF TFIE ANAHEIM PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05363
AND A SETBACK VARIANCE
(2623 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit to expand an existing single-tenant retail building to permit a
total of three units including an auto sound system sales and installation business with a smaller
setback than required by Code on certain zeal 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 property proposed for a commercial retail center and auto sound
installation business is currently developed with a freestanding retail building located in the
General Commercial (CG) zone and the Merged Redevelopment Project Area and the Anaheim
General Plan designates this property for Low-Medium Density Residential land uses; and
WHEREAS, the proposed request to expand an existing single-tenant retail
building to permit a total of three units including an auto sound system sales and installation
business includes a variance of the following:
(a) SECTION 18.08.060.0101 Minimum landscane setback.
(10 feet required; 7 feet proposed)
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 21, 2009, 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
conditional use permit and to investigate and make findings and recommendations in connection
Cherewith; and
WHEREAS, said Commission, aHer 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 a commercial retail center and an automotive repair and modification use in
the General Commercial (C-G) zone is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.08.030.100 (Commercial Retail Centers)
and 18.08.030.040 (Automorive -Repair and Modification).
2. That the requested variance pertaining to minimum landscape setback is hereby
approved since there are .special circumstances applicable to the property because of the previous
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relinquishment of 15 feet to allow the creation of the private street, New Life Way. Providing 15
feet for the private street reduced the lot width of the property.
3. That strict application of the Zoning Code would deprive the property of
privileges enjoyed by other properties with identical zoning in the vicinity since other properties
in the area did not lose substantial use of their properties and since providing Code required
landscaping would eliminate existing parking spaces.
4. That the commercial retail center and auto audio installation business would not
adversely affect the adjoining residential and commercial land uses and the growth and
development of the area in which it is proposed Co be located because the property is currently
improved with a retail use and all work related to the vehicle modification would be conducted
indoors. Additionally, the garage bays would be located at least 50 feet from the property line
which is more than double than required by Code for a commercial structure adjacent to a
residence.
5. That the size .and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of khe public because the property is currently improved with a retail use and
parking above what Code requires would be provided.
6. That the traffic generated by the market would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
number of cars and trucks entering and exiting the site are consistent with typical retail
businesses that would be permitted as a matter of right within the General Commercial zone.
7. "That no persous indicated their presence at said public hearing in apposition; and
that no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
BE IT FURTHER RESOLVED Chat Che Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-
05363with asetback variance subject to the conditions of approval described in Exhibit "13"
.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.
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 permit may be processed in accordance with Chapters 1$.60.190 (Amendment to Permit
Approval) of the Anaheim Municipal Code.
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BE TT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby t7nd 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 ease application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs firsC. Failure to pay all charges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 21, 2009. Said resolution is subjecC to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal.
CHAIRMA ANAH IM PLANN G COMMISSION
ATTEST:
SENIOR SECRETARYU ANAHETl~I( 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 January 21, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO,
RAMIREZ, BUFFA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereuntoset~my~and this' Tlay of J,~nuary, 2009.
SENIOR SECIZ~TARY, ANf~HE1M PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERMIT N0.2008-05363
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EXHIBIT "B"
CONDITIONAL USE PERMIT N0.2008-05363
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
PRIOR TO CSSUANCE OF A BUILDING PERMIT OR WITHIN ONE (1) YEAR FROM
THE DATE OF TH75 RESOLUTION, WHICHEVER OCCURS FIRST
1 ThaC final building colors shall be submitted by the Planning
applicant and approved by the Planning Department. -
2 That plans submitted for building permits shall public Works
demonstrate that fire lanes shall be posted with "No
Parkin. Any Time."
3 That plans submitted for building permits shall Planning
demonstrate Chat rooftop address numbers for the police police
helicopter shall be painted in a contrasting color to the
roofing material. Numbers should be four inches in
height and two inches wide.
4 That plans submitted for building permits shall Police
demonstrate that the business shall be equipped with an
alarm system (silent or audible).
PRIOR TO FINAL BUILDINGAND ZONING INSPECTION OR COMMENCEMENT OF
USE, WHICHEVER OCCURS'FIRST
5 That the subject property shall be developed substantially Planning
in accordance with the plans and specifications submitted
to the CICy of Anaheim by the applicant and which plans
are on file with the Planning Department Exhibit Nos.
1(Site and Landscape Plan) and 2 (Floor Plan and
Elevations)and as conditioned herein.
6 That the applicant shall construct a 5-foot wide sidewalk Public Works
adjacent to the right of way line, adjacent to Lincoln
Avenue, in conformance with Public Works Standard
Detail No. 110-$, and install landscape and irrigation
between the sidewalk and curb. The developer shall obtain
a Right of Way Constmction Permit from the Public Works
Department.
7 That the business owner shall File Emergency Listing Police
Card, Form APD-281, with Che police Department,
available at the Police Department front counter.
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
8 That the business owner shall complete a Police
Burglary/Robbery Alarm PermiC application, Form APD
516, and return it to the Police Department prior to initial
alarm activation.
GENERAL CONDITIONS - ONGOINGbURING OPERATION
9 That all uses shall be conducted wholly within the Planning
building.
10 That outdoor storage shall not be permitted. Planning
11 That approval of Chis application constitutes approval of Planning
Che proposed request only Co the extent thaC 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.
12 That extensions for further time to complete conditions of Planning
approval may be granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
13 That timing for compliance with conditions of approval Planning
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 lVlunicipal Code and (iii) the applicant has
demonstrated significant progress toward establishment
of the use or approved development.
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