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Resolution-PC 2011-029RESOLUTION NO. PC2011 -029 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. 2011 -05553 (DEV2011- 00023) (1440 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05553 to establish a new automobile sales facility in conjunction with the Anaheim Indoor Marketplace, 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, the property is developed with a 133,200 square foot commercial building located in the General Commercial (C -G) zone and the Anaheim General Plan designates this 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 March 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 tentative parcel map and conditional use permit 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 to establish a new automobile sales facility should be approved for the following reasons: 1. The proposed request to permit auto sales in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Automotive — Car Sales and Rental). 2. The proposed auto sales, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the auto sales office would be located inside the building and there is a sufficient amount of spaces in the parking lot to accommodate the twenty display spaces being proposed by the applicant. 3. The traffic generated by the proposed auto sales 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 be negligible. 4. The granting of the proposed auto sales under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. PC2011 -029 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, 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. 2011 -05553 to establish a new automobile sales facility in conjunction with the Anaheim Indoor Marketplace, 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 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 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. 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 the revocation of the approval of this application. THE FOREGOING RESOLUT meeting of March 28, 2011. CHAIRMAN, ANDY IM CITY PLANNING COMMISSION -2 was ado f at the Planning Commission PC2011 -029 ATTEST: SENIOR SECRETARY, ANAHEIM CITY 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 March 28, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March, 2011. SENIOR SECETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -029 I APN: 082 -130 -16 • 01 co 50 100 I re: r E PALAIS RD EXHIBIT "A" DEV2010 -00192 1;164' E CERRITOS AVE 729.94' N co Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 11076 • ■ - 4 - PC2011 -029 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05553 (DEV2011- 00023) NO. CONDITIONS OF APPROVAL 1 A maximum of twenty (20) automobiles shall be permitted to be displayed in the front (westerly) parking lot and in the locations shown on approved exhibits. Said automobiles shall be moved to the parking lots on the north or east sides of the main marketplace building after the marketplace is closed for business each day, and in the locations as shown on approved exhibits, 2 Signs, banners, balloons or other advertising devices shall only be permitted to the extent allowed by Code; however, such advertising devices shall only be oriented towards on- site swap meet patrons and shall not be visible from the adjacent public streets. 3 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 Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. -5 REVIEW BY GENERAL CONDITIONS Code Enforcement Code Enforcement Planning SIGNED OFF BY PC2011 -029