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Resolution-PC 2008-114RESOLUTION NO. PC2008-114 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORiCAL EXEMPTION, CLASS 1 AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2798 AND AMENDING CERTAIN CONDIT[ONS OF AFPROVAL OF RESOLUTION NO. PC86-167, ADOPTED THEREWITH (TRACKING NO. CUP2008-05355) (828 WEST VERMONT AVENUE) WHEREAS, on June 23, 1986, the Anaheim Planning Commissian adopted Resolution No. PC86-167, granting Conditional Use Permit No. 2798 to permit an automotive sales and service center facility and retain an outdoor storage area with waiver of minimum number of required parking spaces (138 spaces required; 98 spaces approved), on that ceRain 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; and WHEREAS, ConditionNo. 3.a. of Resolution No. PC86-167 approving Conditional Use Permit No. 2798 prohibits automobile repairs, with the exception of minor automobile related services; aud WHEREAS, the number of parking spaces provided on the property in connection with the automotive sales and service center facility was reduced following the approval of the parlang waiver by the Anaheim Planning CQmmission as a result of the I-5 widening project; and WHEREAS, on September I5, 2008, the Anaheim Planning Commission, on its own motion, did iniCiate a public hearing pursuant to Section 18.60.200 of the Anaheim Municipal Code to consider the modification of Conditional Use Permit No. 2798 to permit the sales and service of auYomobiles and automobile parts, to allow full automobile repair services including but not limited to, engine installaYion, body work, conversion, installation of parts, modificaYion, painting, repair, smog check and tire installation with outdoor storage with waiver of the following provision of the Anaheim Municipal Code: SECTION NO. 18.42.040.010 Minimum number of parkin~paces (13$ spaces required; 51 existing) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 8, 2008, at 2:30 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 amendment to Conditional Use Permit No, 2798 and to investigate and make Findings and recommendations in connection therewikh; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and afrer due consideration oF all evidence and reports offered at said hearing, does find and determine the following facts: PC2008-114 1. That the proposed modiFcations to permit the sales and service of automobiles and automobile parts with full automobile repair services including engine installation, body work, conversion, installation of parts, modification, painting, repair, smog check and tire installarion with outdoor storage in the General Commercial (C-G) zone is propedy one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Automotive - Repair & Modification). 2. That the auYomotive repair and modafication use, as cooditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because adjacent uses include vacant, commercially zoned property, single family homes separated by Vermont Avenue, and multi-family residential apartment buildings located at least I50 feet from service bay doors. 3. That the size and shape of khe site for the use is adequate to allow automotive repair and modifications in a manner not detrimental to either the particular area or health and saFety as the property is fully developed and there is suFficient parking to provide for the nses on the property. 4. That the traFfic generated by the use of the property will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the condikional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That no persons indicated their presence at said public hearing in opposition; and that one letter of correspondence was received in opposition to the subject petition. WHEREAS, said Commission does further find and determine that the waiver of code requirements pertaining to the minimum number of required parking spaces should be approved For the Following reasons: l. That the parking demand study dated May l, 1986, previously prepared in conjunction with the approval of Conditional Use Permit No. 2798, and the operational history pertaining to the use of the property from the time when the Conditional Use Permit was first issued, show that the waiver relating to the minimum number of parldng spaces, will not (a) cause fewer off-street parking spaces to be provided, (b) lncrease traffic congestion or Yhe demand and competition for parking spaces, (c) increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity, or (d) impede vahicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity. WHEREAS the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class l(Existing Faeilities) as defined in^the SCate CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. ~" -2- PC2008-114 NOW, THEREFORE, BE IT RESOLVED fihat the Anaheim Planning _ Commission does hereby approve an amendment to Conditional Use Permit No. 2798 with waiver of minimum number of required parking spaces 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. BE IT FURTHER RESOLVED this pernaiY is approved without limitations on Che hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60190 (Amendment of Permit Approval) and L$.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon business owner's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of any court of competent jurisdiction, Yhen this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTFIER RESOLVED that Che business owner 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 December 8, 2008. 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. ~~ ~1 CHAIRMAN, NA ' EIM PLANNI G COMMISSION A SECRETARY, ANAHEIM PLANNING COMM[SSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2008-114 I, Grace Medina, Senior Secretary oFthe Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planni~g Commission held on December 8, 2008, by the Following vote of the members thereof: AYES: COMMISSIONERS: KARAKI, AGARWAL, BUFFA, RAMIREZ, FAESSEL - NOES: COMMISSIONERS: EASTMAN, ROMERO ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this V~ day of December. 2008. SECRETARY. ANAHEIM PLANN[NG COMMISSION -4- PC2008-114 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2798 -5- PC2008-114 EXHIBIT "B" CONDITIONAL USE PERMIT 1V0. 2798 No. Conditions of Approval Responsible for Monitorin ONGOING DURING OPERATION i Vehicle repair and painting activities and sto~age of Planning inoperable cazs and parts shall not be permitted outside oF the building except as indicated on Revision No. 1 to Exhibit No. l. 2 No required parking area shall be fenced or otherwise Planning enclosed for outdoor storage uses. Customer parking must be accessible during all business hours. Employee parking may be secured during business hours. 3 Offsite parking shall be permitted at 849 and 851 West Plamiing Cottonwood Circle for the automobiie sales and service facility. 4 The oucdoor storage shall be restricted to the area Planning designated on Revision No. 1 to Exhibit No. 1 and that said storage area shall be completely site screened with chain link fencing interwoven with slats, wrought iron fencing with canvas screening, or other appropriate material; and further, the number of truck trailers used for outdoor storage shall be limited to four (4). GENERAL CO NDITIONS ' 5 This Conditional Use Pernut shall permit automobile Planning repair and modiFication uses as defined by Code. Cleaning, waxing and datailing of vehicles shali be permitted provided these activities are located under a permanent canopy or structure, or inside a building. 3'his Conditiona] Use Permit does not preclude okher uses as permitted by the C-G (General, Commercial) Zone. 6 That the property shall be permanently maintained in an Planning ordedy fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within two (2) business days frcitn the time of discovery. 7 That subject property shall be developed substantially in Planning -6- PC2008-114 accordance with plans and specifications submitted to the City of Anaheim by the business owner and which plans are on file with the Planning Department marked Revision No. 1 to Exliibit No. 1, and as conditioned herein. 8 That timing For compliance with conditions of approval Planning 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) ~tkie modification complies with the Anaheim Municipal Code and {iii) the business owner has demonstrated signiFicant progress toward establishment oFthe use or approved development. 9 ThaC approval oFthis application constitutes approval oF Plannittg the proposed request only to the extent that it complies with the Anaheim Municipal Zonting Code and any other applicable City, State and Federal reguiations. Approval does not include any action or Findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 10 That extensions for further time to complete conditions Planning oFapproval may be granted in accordance with Section 1$.60.170 of the Anaheun Municipal Code. -7- PC2008-114 REVISION NO. 1 TO EXHIBIT NO. 1 ' . ., ~..,, a~ , ,;~. _.~~ -. W '. ~r~, .. ;~ ,~... n„ -,- ' ' ~ y ' , , , - .;>: ~ ,; ~ ~.~: ~ ~~ ~ . . . ~ ~~~~ l 1 M. .. . ' .. ~ . ~{~v ~ .. ~ ~ o I 'I ~ , ' I ~ ~ 1 ;, . \ ,~. _ ' , ~ 'h, wP~''~~ ~ , ,~ . , ~ ~ \ , ' I ~ '~ ` . .~~ ~ .~,., • • ~ ~ ' ` ~ .~, ~; i ''f . , ~,,.. ~ ' ' ., .. ' , ~ 0 . • , y+ e . ' ,` ~ I~ I ~ ~ S/ •~ , + I i ~ ~ '4 i. . . , • . ~ .r" . / __ ~ l~l ii ~~. . _ ~~ . ~ , . y, d q"' ., ~ ~ ~/, ~ T ' ~~f r,~T~ ~ ~~A~:~h ; ~ ~ . r.S'. i~r l~l 1 ~ , . ' ~ ' . ' . . , r ' I ` '.~~ ~ , J . .. ~ , I ~ ~ ~~ I ~ ~ L~ , ' ~ '' ~ ' r , ~~ . . ' I~ •! __~ . ' . 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