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Resolution-PC 2012-005RESOLUTION NO. PC2012 -005 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15301, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05566 AND VARIANCE NO. 2011 -04882 (DEV2011- 00064) (501 EAST CERRITOS AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit 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 Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 18, 2012, 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; WHEREAS, this property is developed with an industrial building. The property is located in the I (Industrial) zone and the Anaheim General Plan designates the property for Industrial land uses; 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. That the proposed use for a automobile sales facility is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.10.030.010 (Automotive Car Sales & Rental). 2. That the proposed use for an automobile sales facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because it involves very little customer traffic and; therefore, is compatible with surrounding industrial uses. 3. That the size and shape of the site of the automobile sales facility 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. 4. That the traffic generated by the a automobile sales facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That 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 and will provide a land use that is compatible with the surrounding area. -1- PC2012 -005 WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (33 spaces required; 24 spaces provided). 1. That the variance, under the conditions imposed will not cause fewer off - street parking spaces to be provided for the industrial building than the number of such spaces necessary to accommodate all vehicles attributable to this use under the normal and reasonably foreseeable conditions of operation of the automobile sales facility because the on -site parking for this use will adequately accommodate peak parking demands of all uses on the site; 2. That 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 industrial building will adequately accommodate the peak parking demands of both for the automobile sales facility and furniture warehouse business; 3. The variance will not increase traffic congestion within the off- street parking areas provided for the automobile sales 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 both the industrial use and the automobile sales facility. 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 use. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing) 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 -05566 and Variance No. 2011 -04882 and 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. -2- PC2012 -005 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 perrnit 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' -ION was adopted at the Planning Commission meeting of February 13, 2012 ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION CHAIRMAN, ANAHEIM s Q SING COMMISSION -3- PC2012 -005 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on February 13, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this 13 day of February, 2012. SENIOR S TARY, ANAHEIM PLANNING COMMISSION -4- PC2012 -005 EXHIBIT "A" DEV NO. 2011 -00064 0 O E CERRITOS AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. -5- PC2012 -005 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 A Drainage Impact and Improvement Fee (for Central Anaheim) shall be paid based upon the area of pavement that was added without permits in front of the building adjacent to Cerritos Avenue. The fee shall be paid within 90 days of approval of this permit. Public Works - Development Services The property owner shall execute and record a covenant to relocate at the property owner's sole expense the freestanding sign located within the ultimate 53 foot right- of -way easement of Cerritos Avenue. The covenant shall be recorded within 90 days of approval of this permit. ic Works - Development Services 3 Rooftop address numbers for the police helicopter. Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from the ground level. Police Department 4 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 time of occurrence. Planning Department - Code Enforcement Division 5 That no more than four vehicles shall be displayed for sale on the premises at any time. Planning Department — Code Enforcement 6 The three parking spaces proposed along the south side of the building (adjacent to Cerritos Avenue) shall be reserved for employees or display vehicles only. If necessary, the space labeled as Parking Space No. 1 on Exhibit No. 1 (Site Plan) may be utilized for disabled parking if properly designed for such use. The two parking spaces labeled Parking Space Nos. 4 and 5 on the Site Plan shall be reserved for customer parking. These spaces shall be signed Public Work, Traffic and Transportation Division EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05566 & VARIANCE NO. 2011-04882 (DEV2011- 00064) -6- PC2012 -005 -7- PC2012 -005 accordingly within 90 days of approval of this permit. All parking areas shown on Exhibit No. 1 (Site Plan) shall be striped and resurfaced, if necessary to accommodate said striping, according to that plan. These improvements shall be completed within 90 days of approval of this permit. Planning Department — Planning Services Division 8 No inoperable vehicles shall be stored outside of the building and no on -site vehicle repair, other than the washing and detailing of vehicles, shall be permitted on -site. Planning Department — Planning Services Division 9 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) and Exhibit No. 2 (Floor Plan), and as conditioned herein. Planning Department — Planning Services Division -7- PC2012 -005