Resolution-PC 2013-013RESOLUTION NO. PC2013 -013
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2029
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00145)
(619 -631 NORTH ANAHEIM BOULEVARD)
WHEREAS, on November 5, 1979, and subject to certain conditions of approval,
the Planning Commission of the City of Anaheim (herein referred to as the "Planning
Commission'), by its Resolution No. PC79 -218 did approve Conditional Use Permit No. 2029
to permit an automobile sales agency for a period of five (5) years to expire on November 5,
1984 (herein referred to as the "Original CUP ") on that certain real property located at 619 -631
North Anaheim Boulevard in the City of Anaheim, as generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property "); and
WHEREAS, on May 14, 1984, the Planning Commission, by motion approved a
one -year time extension for the Original CUP to expire on November 5, 1985 with a condition
that no further time extensions would be allowed; and
WHEREAS, on June 26, 1984, following an appeal, the City Council, by motion,
approved the request to modify the one -year time extension approved by the Planning
Commission to a period of five -years to November 5, 1987; and
WHEREAS, on October 27, 1986, after a staff - initiated review of the project for
Zoning Code compliance issues, the Planning Commission, by its Resolution No. PC86 -264,
granted a six -month time extension for the Original CUP to expire on April 27, 1987; and
WHEREAS, on April 27, 1987, the Planning Commission, by its Resolution No.
PC87 -97, granted a five -year time extension for the Original CUP to expire on April 27, 1992;
and
WHEREAS, on November 4, 1991, the Planning Commission, by its Resolution
No. PC91 -184, amended a condition of approval pertaining to parking lot lighting for the
Original CUP; and
WHEREAS, on September 21, 1992, the Planning Commission, by its Resolution
No. PC92 -112, granted a five -year time extension for the Original CUP to expire on April 27,
1997; and
WHEREAS, the Property is developed with a 1,500 square foot building and
vehicle sales lot. The building is located in the C -G (General Commercial) zone. The Property
is designated for Low - Medium Density Residential Land Use land uses in the City of Anaheim
General Plan; and
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WHEREAS, the Planning Commission did receive a verified petition for an
amendment to the Original CUP (herein referred to as "Conditional Use Permit No. 2029A ") to
delete a condition of approval pertaining to a time limitation (herein referred to as the "proposed
project "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 28, 2013, 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 Chapter
18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against the
proposed project to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consist of the repair, maintenance, and /or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the 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 pertaining to the request for an amendment to the Original CUP to delete
a condition, does find and determine the following facts:
1. The proposed amendment to the Original CUP to delete a time limitation, for an
automobile sales facility, is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.10.030 (Uses) of the Zoning Code.
2. The proposed amendment to the Original CUP to delete a time limitation would not
adversely affect the adjoining land uses, or the growth and development of the area in which it is
located because this property has been used as an automobile sales facility for over 30 years
without detriment to the surrounding area.
3. The size and shape of the site is adequate to allow the full development of the
proposed use, in a manner not detrimental to either the particular area or health and safety
because the use has been located on this site for 30 years and has demonstrated the ability to
adequately accommodate the use without creating detrimental effects on adjacent properties.
4. The traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area because the use has
demonstrated the ability to adequately accommodates the parking and circulation without
creating detrimental effects on adjacent properties
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5. With regard only to any deletion of a time limitation, such deletion is appropriate
because it has been demonstrated that the use has operated in a manner that is appropriate in the
underlying zone and the surrounding area, and that the periodic review of the use is no longer
necessary and /or that it can be determined that, due to changed circumstances, the use is
consistent with the City's Ion,--term plans for the area.
6. 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 because the project has
been integrated into the area for 30 years and does not negatively impact surrounding uses.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Conditional Use Permit No. 2029A, contingent upon 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 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 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 28, 2013. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Zoning Provisions - General) of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
t-}q K V
CHAIR PRO-
ATTEST:
CITY PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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 January 28, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of January,
2013.
SENIOR SECRETARY, ANAHEIM CITY FLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00145
APN: 035 - 093 -17
035 - 093 -15
035 -093 -16
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® Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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I - WV61 1_13 Va 3Y
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2029
(DEV2012- 00145)
CONDITIONS OF APPROVAL
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL CONDITIONS
1
Outdoor lighting of the property shall not exceed 12 feet in
Code
height and shall continue to be directed down and away from
Enforcement
the residences on the west property line.
2
The six -foot high masonry wall shall be maintained along the
Code
west property line.
Enforcement
3
The three -foot wide landscape planters adjacent to Anaheim
Code
Boulevard and Wilhelmina Street shall be maintained with an
Enforcement
automatic irrigation system, a minimum of five trees and free
of weeds and debris consistent with Exhibits on file.
4
No parking of "for- sale" vehicles is permitted on public
Code
streets, in front of private residences or in any of the required
Enforcement
on -site customer and employee parking spaces.
5
No outdoor paging or sound system is permitted.
Code
Enforcement
6
No test driving of vehicles is permitted within the adjacent
Code
residential areas.
Enforcement
7
No automobile painting, repair, body work or is permitted
Code
with the exception of changing batteries and tires on the "for-
Enforcement
sale" vehicles.
8
Any graffiti painted or marked upon the premises or on any
Code
adjacent area under the control of the property owner shall be
Enforcement
removed or painted over within 24 hours of being applied.
9
Trash storage area shall continue to be provided in
Code
accordance with approved plans on file.
Enforcement
10
No required parking area shall be fenced or otherwise
Code
enclosed for outdoor storage.
Enforcement
11
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
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