Resolution-PC 2010-020RESOLUTION NO, PC2010 -020
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DETERMINATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009 -05411
(DEV2009- 00005)
(100 SOUTH BROOKHURST STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No.2009 -05411 to permit and retain a car stereo sales store
with installation of stereo parts, 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, this property is developed with a commercial retail center and
located in the General Commercial (CG) Brookhurst Commercial Corridor (BCC)
Overlay Zone and the Anaheim General Plan designates the property for general
commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 12, 2010, at 3:30 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
therewith; and
WHEREAS, said Planning 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 with respect to the request for a conditional use permit, does find and
determine the following facts:
1. That the car stereo sales and installation of stereo parts is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section No.
18.08.030.040.0402 (Automotive repair and modification).
2. The operation of a will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located because the use is entirely
within an existing building with no outside activities and it is compatible with existing uses
surrounding the property.
3. The size and shape of the site for the use 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 because this use will be located within an existing building of an established
commercial area.
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4. The traffic generated by the existing car stereos sales store with installation of
stereo parts has not imposed an undue burden upon the streets and highways designed and
improved to carry the traffic in the area.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and
activities would occur entirely within the a portion of the existing building space.
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.
NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2009 05411, 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.
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 this conditional use permit is approved
without limitations on the duration of the use.
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 delays in the issuance of
required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION,was adopted at the Planning Commission
meeting of April 12, 2010. 1 r
i
f A ill,', A J
CHAIRMAN, ANAHEIM' IT1 PLANNING COMMISSION
I
A 1' PEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STA`IE 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 April 12, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of April, 2010.
SENIOR SIC TARP, ANAHEIM CITY PLANNING COMMISSION
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APN: 128-011-441
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EXHIBIT "A"
DEV2009 -00005
9?Y 86'
120.72'
W LINCOLN AVE
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W LINDSAY R17
CHEREY''!ot,u
Source Recorded Tract Maps and/or City GIS.
Please note the accuracy is +f- two to five feet.
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GENERAL
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2009-05411
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
1 That fire lanes shall be posted with "No Parking Any Time Planning
2 That on -going during project operation, no required parking Planning
areas shall be fenced or otherwise enclosed for outdoor storage
uses.
3 That all installation activity shall take place within the building. PIanning
4 Business to be equipped with alarm system (silent or audible) Police
5 Provide comprehensive security alarm system for the following: Police
High valued storage areas.
Interior building door to shipping and receiving area.
6 Complete a Burglary /Robbery Alarm Permit application, Form
APD 516, and return it to the Police Department prior to initial
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: htto:/ /www.anaheim.net /article.asp ?id =678
7 Address numbers shall be positioned so as to be readily
readable from the street. Number should be visible during
hours of darkness.
All exterior doors to have adequate security hardware, e.g. Police
deadbolt locks.
Overhead roll -up doors shall also be secured on the inside that
the lock cannot be defeated from the outside and shall be
secured with a cylinder lock or padlock from the inside.
10 File Emergency Listing Card, Form APD -281, with the Police
Department, available at the Police Department front counter, or
it can be downloaded from the following web site:
htto:/ /www.anaheim.net /article.asn ?id =678
Police
Police
Police
Police
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RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
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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), Exhibit No. 2
(Floor Plan) and as conditioned herein.
Planning
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