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Resolution-PC 2011-043RESOLUTION NO. PC2011 -043 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CA °l'EGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05562 (DEV20 1 1- 00052) (1095 NORTH PULLMAN STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05562 to remodel an existing Horne Depot store and construct a new tower element and facade which exceed 35 feet in height within the Scenic Corridor Overlay zone, 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 206,580 square foot home improvement store located in the C -G (SC) (General Commercial; Scenic Corridor Overlay) 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 June 20, 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 construct a new tower element and facade which exceed 35 feet in height within the Scenic Corridor Overlay zone is properly one for which a conditional use permit is authorized under Code Section No. 18.18.090.020.0201 (Building and Structural Height Limitations) of the Anaheim Municipal Code. 2. The proposed remodel project will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the property is located in a depressed area several feet below the adjacent Riverside (SR -91) Freeway to the south and Weir Canyon Road to the east. As a result, the slight increase in building height would not have an adverse effect on scenic vistas in the area. 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 approximately 13 %© of the building facade would exceed 35 -feet; therefore, the proposed addition would occupy a small percentage of the overall building length and would be in scale with the mass and size of the building facade. - 1 - PC2011 -043 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 remodel project will not result in a net increase in retail floor area and any potential traffic increase would be negligible. 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 is 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 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 -05562 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 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. - 2 - PC2011 -043 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 adopted at the Planning Commission meeting of June 20, 2011. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAH . CITY PLANNING COMMISSION ATTEST: c . r.d h SENIOR >gbCRETARY ANAHEIM CITY PLANNING COMMISSION 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 June 20, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of June 2011. 4 SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 - PC2011 -043 0 J APN: 352-221-011 EXHIBIT "A" DEV2011 -00052 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11112 t 11....G1/ 1 1 -V°-1j NO. GENERAL EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2011-05562 (DEV2011- 00052) CONDITIONS OF APPROVAL 1 The appropriate building permits shall be obtained from the City of Anaheim for the proposed building improvements. 2 The subject property shall be developed substantially Planning in accordance with plans 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 (Elevations) as conditioned herein. REVIEW SIGNED BY OFF BY Planning - 5 PC201.1 -043