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Resolution-PC 2011-079RESOLUTION NO. PC2011 -079 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. 2011 -05574 & VARIANCE NO. 2011 -04873 (DEV2011- 00105) (3901 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05574 and Variance No. 2011 - 04873, to permit an automotive sales, repair and outdoor storage with fewer parking spaces than allowed by code 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 building located in the Specific Plan No. 94 -1, Development Area 2 (SP94 -1, DA2) Zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 24, 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 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. The request to permit an automotive sales and repair facility with outdoor storage of vehicles with fewer parking spaces than allowed by code within the Specific Plan No. 94 -1, Development Area 2 (SP94 -1, DA2) Zone is properly one for which a conditional use permit is authorized under Code Section 18.120.070.050. (Conditional Uses and Structures) Expanded Industrial Area (Development Area 2) of the Anaheim Municipal Code. 2. The automotive sales and repair facility with outdoor storage of vehicles with fewer parking spaces than allowed by code 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 proposed use is a specialty use and with a low parking demand. Further, the site can adequately accommodate the proposed and exiting uses entirely on the site. 1 - PC2011 -079 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 the repair and sales uses will be conducted entirely within the building and the outdoor storage of vehicles is minimally visible from the public right -of -way. 4. The traffic generated by the automotive sales and repair facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because this activity is consistent with industrial activity anticipated for this 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 consistent with commercial uses in the area and activities in the center. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with an automotive sales and repair facility with outdoor storage of vehicles should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (54 spaces required; 46 spaces proposed). 1. The variance, under the conditions imposed will not cause fewer off - street parking spaces to be provided for the automotive sales and repair facility than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions because the business has a low volume of daily customers and clients due to the specialized nature of this business which refurbishes police vehicles. 2. The variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking for the automotive sales and repair facility and outdoor storage of vehicles will adequately accommodate the peak parking demands of all the businesses on the site. 3. The variance will not increase traffic congestion within the off -street parking areas provided for automotive sales and repair facility since all parking is contained on -site and will not encroach into other parking facilities and the supply of parking is adequate for the proposed automotive sales and repair facility and the existing industrial uses. Further, the project does not propose new ingress or egress points and is designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the automotive sales and repair facility. 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. - 2 PC2011 -079 NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011 -05574 and Variance No. 2011 -04873 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. THE FOREGOING RESOLUTI( lV has adopted at the Planning Commission meeting of October 24, 2011. / A IEST: 1 CHAIRMAN, ANAHEIM CITY PLA II<(G COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2011 -079 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 October 24, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of October, 2011. 'RETARY ANAHEIM CITY SENIOR S PLANNING COMMISSION - 4 - PC2011 -079 EXHIBIT "A" DEV NO. 2011 -00105 APN: 346- 141 -29 346 - 141 -49 J D 50 IDD IJ Ft %t E EAGLE DR Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. PC2011 -079 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 2 That vehicle repair activities and storage of inoperable cars and parts shall not be permitted outside of the building. Code Enforcement 3 The granting of this conditional use permit and parking variance is based upon the assumptions included in the letter of operation and parking justification letter submitted by the applicant, indicating that this is a specialized automotive refurbishment and sales facility with limited on -site sales activity. Any change to the business's fundamental operation shall be subject to the review and approval of Planning Department staff. Code Enforcement 4 That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from the time of discovery. Code Enforcement 5 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/Floor Plan) and as conditioned herein. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05574 & VARIANCE NO. 2011-04873 (DEV2011- 00105) - 6 - PC2011 -079