Resolution-PC 2013-021RESOLUTION NO. PC2013 -021
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2012 -05648 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00144)
(601 SOUTH MAGNOLIA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the 'Planning Commission ") did receive a verified Petition for Conditional Use Permit No.
2012 -05648 to expand an existing former service station building with a 1,221 square foot addition
and operate an auto repair and tire facility (the 'Proposed Project') on that certain real property
located at 601 South Magnolia Avenue in the City of Anaheim, as generally depicted on the map
attached hereto as Exhibit A attached hereto and incorporated herein by this reference (the
'Property "); and
WHEREAS, the Property is a .46 -acre commercial site developed with a 1,270
square foot auto repair building and 1,500 square foot attached canopy located in the C -G (General
Commercial) zone. The Property is designated for residential land uses in the City of Anaheim
General Plan; and
WHEREAS, on February 25, 2013 the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, 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 (herein referred to as the "Code "), to hear and consider evidence for and against
the proposed project and 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 to permit an auto repair and tire facility, does find
and determine the following facts:
1. The request to expand an existing former service station building and
operate an auto repair and fire facility within the C -G (General Commercial) zone is properly one
for which a conditional use permit is authorized under Code Section 18.08.030.010 (Automotive —
Repair) of the Anaheim Municipal Code; and
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2. The proposed conditional use permit to expand an existing former service
station building and operate an auto repair and fire facility within an existing commercial property,
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 building is surrounded by
compatible buildings and uses. The auto repair and tire facility would be located within an existing
building with no adverse affects to adjoining land uses; and
3. The size and shape of the site for the use is adequate to allow the full
development of the auto repair and tire facility in a manner not detrimental to the particular area or
to the health and safety because the facility would be located within an existing commercial
building; and
4. The traffic generated by the auto repair and tire facility 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 not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking will be provided to accommodate the use ; and
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 proposed
land use will continue to be integrated with the surrounding commercial, residential, and
institutional uses and would not pose a health or safety risk to the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Conditional Use Permit No, 2012 - 05648, subject to the conditions of approval
described in Exhibit B attached hereto and incorporated herein 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 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, (ii) the modification complies with the 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 limitation 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 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.
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BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the proposed request only to the extent that it complies with the Zoning Code of the
City of Anaheim 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 RESOLUTION was adopted at the Planning Commission
meeting of February 25, 2013. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 ( "Zoning Provisions - General") of the Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the event of an appeal.
I ORA- AN
CHAIR, ANAHEIM CITY PL 7G COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 February 25, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of February, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00144
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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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W ORANGE AVE
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
5- PC2013 -021
W ORANGE AVE
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05648
(DEV2012- 00144)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO OCCUPANCY
1
The rear and front parking lot areas shall be re- slurried and
Planning
re- striped. Parking lot striping shall be provided, per City
Department
Standard Detail No. 470. Disabled parking spaces shall be
provided in accordance with the Americans with Disabilities
Act and City Standard Detail No. 436 -G. The re -slurry and
restriping improvements shall be shown on plans submitted
for building permits and shall be completed prior to
occupancy of the proposed use.
2
The existing landscape planters shall replanted with new
Planning
trees, shrubs and ground covers to enhance the appearance of
Department
the parking lot areas.
3
The trash enclosures walls and doors shall be repaired and
planning
°
repainted.
Department
4
The building shall be equipped with a comprehensive
Police
security alarm system (silent or audible) for the perimeter
Department
building, access route protection and high valued storage
areas.
5
A Burglary/Robbery Alarm Permit application, Form APD
Police
516, shall be completed and returned to the Police
Department
Department prior to initial alarm activation. This form is
available at the Police Department front counter, or it can be
downloaded from the following web site:
http:Hww anaheim.net/articlL.asp?id=678
6
Address numbers shall be positioned so as to be readily
Police
readable from the street. Number shall be illuminated during
Department
hours of darkness.
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 shall be painted or
constructed in a contrasting color to the roofing material.
Numbers shall face the street to which the structure is
addressed. Numbers shall not to be visible from ground
level.
7
All exterior doors shall have adequate security hardware, e.g.
police
deadbolt locks. Wide -angle peepholes or other viewing
Department
device should be installed in solid doors where natural
surveillance is compromised. The locks shall be so
constructed that both the deadbolt and deadlocking latch can
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be retracted by a single action of the inside
doorknob /lever /turn piece. Overhead roll -up doors shall also
be secured on the inside that the lock cannof be defeated from
the outside and shall be secured with a cylinder lock or
p adlock from the inside.
8
Adequate lighting of parking lots, passageways, recesses, and
Police
grounds contiguous to buildings shall be provided with
Department
lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any
person on or about the premises during the hours of darkness
and provide a safe, secure environment for all person,
property, and vehicles on -site. All exterior doors shall have
their own light source, which shall adequately illuminate
door areas at all hours to make clearly visible the presence of
any person on or about the premises and provide adequate
illumination for persons exiting the building. Monument
signs and addresses shall be well lighted during hours of
darkness. Minimum recommended lighting level in all
parking lots is .5 foot - candle maintained, measured at the
parking surface, with a maximum to minimum ratio no
greater than 15:1.
9
Landscaping shall be of the type and situated in locations to
Police
maximize observation while providing the desired degree of
Department
aesthetics. Security planting materials are encouraged along
fence and property lines and under vulnerable windows.
Trees should not be planted close enough to the structure to
Dow easy access to the roof, or should be kept trimmed to
make climbing difficult.
10
No Trespassing 602(k) P.C." posted at the entrances of
Police
parking lots /structures and located in other appropriate
Department
places. Signs must be at least 2' x 1' in overall size, with
white background and black 2" lettering. All entrances to
parking areas shall be posted with appropriate signs per
22658(a) C.V.C., to assist in removal of vehicles at the
p roperty owner managers request
11
The exterior access restrooms shall have an internal locking
Police
mechanism which can be overridden by management during
Department
an emergency. Exterior padlocks or locking mechanisms
shall not be used to prevent a person from becoming trapped
inside the room. Slide latch door locks shall not be used
inside the restrooms to prevent unwanted camping or
restricted access by emergency responders during a medical
or other emergency. Exterior door of restroom shall have a
vent near the bottom of the door which allows for the
occupant to see whether a person is standing immediately
outside the door while restricting the ability of a person from
looking into the restroom. Restrooms should consider bright
security lighting fixtures to deter long term use of restroom.
Anti graffiti coatings on all surfaces. No mirror to
discourage all personal care other than hand washing.
Regular inspections of restroom by staff. Cleanliness and
maintenance reduces the likelihood of abuse by users.
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12
If continued use of the existing 1 -1/2 inch water meter
Public
serving the property is required, a lead free backflow
Utilities,
prevention device, meeting the City of Anaheim's Standards
Water
shall be installed prior to final occupancy. Otherwise the
Engineering
meter and service shall be abandoned per City of Anaheim
Standards.
13
The property owner shall obtain a right -of -way construction
Public Works,
permit for the street and landscape improvements for Orange
Development
Avenue and Magnolia Avenue from the Public Works,
Services
Development Services Division and bonds shall be posted in
Division
an amount approved by the City Engineer in a form approved
by the City Attorney's Office. The improvements shall be
constructed prior to final building and zoning inspections.
14
All structural BMP's required per the approved Water
Building
Quality Management Plan shall be installed and operational
Division/
prior to final building and zoning inspections and prior to
Public Works,
issuance of C of O.
Development
Services
Division
PRIOR TO ISSUANCE OF PERMITS
15
Prior to issuance of building permits, the property owner
Public Works,
shall submit street and landscape improvement plans for
Development
Orange Avenue and Magnolia Avenue to the Public Works,
Services
Development Services Division for review and approval. The
Division
improvements include but are not limited to sidewalk, tree
wells and irrigation.
16
All requests for new water services or fire lines, as well as
Public
any modifications, relocations, or abandonments of existing
Utilities,
water services and fire lines, shall be coordinated through
Water
Water Engineering Division of the Anaheim Public Utilities
Engineering
Department.
17
This is a non - residential project with a landscaping area
Public
(including pools or other water features) exceeding 2,500
Utilities,
square feet, a Landscape Documentation Package and a
Water
Certification of Completion are required and a separate
Engineering
irrigation meter shall be installed in compliance with Chapter
10.19 of the Anaheim Municipal Code and Ordinance No.
6160 relating to landscape water efficiency.
18
Prior to approval of permits for improvement plans, the
Public
property owner /developer shall coordinate with Electrical
Utilities,
Engineering to establish electrical service requirements and
Electrical
submit electric system plans, electrical panel drawings, site
Engineering
plans, elevation plans, and related technical drawings and
specifications.
19
Prior to the issuance of a Grading Permit, a Water Quality
Building
Management Plan shall be submitted for review and
Division/
approved by the City.
Public Works,
Development
Services
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20
Prior to the issuance of a building permit, the property owner
Public Works,
shall irrevocably offer to dedicate to the City of Anaheim a
Development
corner cut -off right -of -way dedication for road, public
Services
utilities and other public purposes at Orange Avenue and
Magnolia Avenue.
PRIOR TO CONNECTION OF ELECTRICAL SERVICE
21
Prior to connection of electrical service, the legal owner shall
Public
provide to the City of Anaheim a Public Utilities easement
Utilities,
with dimensions as shown on the approved utility service
Electrical
plan.
Engineering
22
Prior to connection of electrical service, the legal owner shall
Public
submit payment to the City of Anaheim for service
Utilities,
connection fees.
Electrical
Engineering
GENERAL
23
The auto repair and tire facility shall be operated in
Planning
accordance with the Letter of Operation submitted as part of
Department
this application. Any changes to the business operation as
described in the Letter of Operation shall be subject to review
and approval by the Planning Director to determine
substantial conformance with the letter of Operation and to
ensure compatibility with the surrounding uses. The hours
of operation for the auto repair and fire facility shall be seven
days per week: 8:00 a.m. to 7:00 p.m. The hours of
operation may be modified subject to prior review and
approval by Planning Director.
24
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of
Department
Anaheim by the applicant and which plans are on file with
the Planning Division marked Exhibit No. 1 (Site Plan, Floor
Plan and Elevations), and as conditioned herein.
25
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 a pplied.
26
The applicant shall be responsible for maintaining the
Planning/
premises in an orderly fashion through the provision of
Code
regular maintenance and removal of trash or debris.
Enforcement
27
All activities related to the use shall occur indoors, except as
Planning/
may be permitted by an authorized Special Event Permit.
Code
Enforcement
28
No required parking area shall be fenced or otherwise
Planning/
enclosed for outdoor storage.
Code
Enforcement
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