Resolution-PC 2011-012RESOLUTION NO. PC2011 -012
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE
ENVIRONMENTAL DOCUMENTATION AND APPROVING
CONDITIONAL USE PERMIT NO. 2010 -05538
(DEV2010- 00178)
(2350 -2384 EAST ORANGETHORPE AVENUE AND
1631 NORTH PLACENTIA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 -05538 to permit automobile repair uses within two
existing industrial buildings and a fitness center 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 two industrial buildings located in
the I (Industrial) 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 February 28, 2011, at 5:00 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 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. The request to permit automobile repair uses and a fitness center is properly one
for which a conditional use permit is authorized under Code Section Nos. 18.10.030.040.0402
(Automotive— Repair and Modification) and (Dance and Fitness Studios — Small) of the Anaheim
Municipal Code.
2. The proposed automobile repair uses and fitness center will not adversely affect
the adjoining land uses and the growth and development of the area in which it is located
because it is industrially zoned and is located in a industrial area with similar surrounding uses.
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 of the citizens of Anaheim because the automobile repair uses and fitness
center will not impact the development of the area.
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4, The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the traffic
generated by this use will not exceed the volume of traffic planned for the streets and highways
in the area.
5. The granting of 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 as the existing land
use will continue to be compatible with the surrounding area and the proposed automobile repair
uses and fitness center are not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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. 2010 -05538 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. 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 modification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE 1T FURTHER RESOLVED, that this Conditional Use Permit is approved
without limitations on the duration 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
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 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.
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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 or prior to the issuance of building permits 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 application.
THE FOREGOING RESOLUTION was a... ed at the Planning Commission
meeting of February 28, 2011.
ATTEST:
CHAIRMAN, ANAH
6
i)La LA- Viv\.
SENIOR SECT ',TARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City PIanning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on February 28, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of February 2011.
IM CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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IAPN: 338 - 181 -041
FULLERTON CITY LIMITS
EXHIBIT "A"
DEV2010 -00178
E ORANGETHORPE AVE
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575.44'
527.96'
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Source: Recorded Tract Maps andlor City GIS.
Please note the accuracy is +1- two to five feet.
11061
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2010-05538
(DEV2010- 00178)
NO. CONDITIONS OF APPROVAL
PRIOR TO BUILDING AND ZONING INSPECTION
1 A covered trash enclosure is required for auto repairs
to prevent the entry of storm water.
GENERAL
3
2 The property owner shall submit a Letter to the
Planning Department, Planning Services Division
requesting the termination of Conditional Use Permit
Nos. 2697, 2842, 3014, 3459 and 2000 - 04278.
All business activity shall be conducted wholly
within the building.
4 Parking areas shall not be used for outdoor storage,
storage of trailers or non- motorized vehicles,
automobile washing or detailing, automobile repair
or maintenance, storage of inoperable vehicles,
display of vehicles for sale or rent, or advertising on
vehicles or trailers.
5 The subject property shall be developed 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 (Site Plans) as
conditioned herein.
REVIEW
BY
Public
Works,
Streets and
Sanitation/
Planning
Department
Planning
Department
Planning
Department,
Code
Enforcement
Planning
Department,
Code
Enforcement
Planning
Department
SIGNED
OFF BY
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