Resolution-PC 2009-017RESOLUTION NO. PC2009-017
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05389
(1674 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition far Conditional Use Permit to allow auto sound system, fire and rim installation services
in conjunction with an automobile electronics retail store on certain real property situated in the
City of Anaheim, County of Orange, Slate of California, shown on Exhibit "A", attached hereto
and incorporated herein by this reference;
WHEREAS, the property proposed for auto sound system, fire and rim
installation services in conjunction with an automobile electronics retail stare is currently
developed with a retail building located in the General Commercial (C-G) zone and the Merged
Redevelopment Project Area and the property is designated as General Commercial on Che City
of Anaheim General Plan; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 2, 2009, 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
conditional use permit and Co investigate and make findings and recommendations in connection
therewith; 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 deterrnine Che following facts:
1. That an automotive repair and modification use in the General Commercial (C-G)
zone is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section 18.08:030.040 (Automotive -Repair and Modification).
2. That auto sound system, fire and rim installation services in conjunction with an
automobile electronics retail store would not adversely affect the adjoining residential and
commercial land uses and the growth and development of the area in which it is proposed to be
located because the property is currently improved with a retail use and all work related to the
vehicle modification would be conducted indoors and in a garage bay which faces the rear
parking lot area.
3. That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of Che public because the property is currently improved with a retail use and 42
parking spaces in compliance with Code requirements.
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4. That the traffic generated by the business would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
number of cars and trucks entering and exiting the site are consistent with typical retail
businesses that would be permitted as a matter of right within the General Commercial zone.
5. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05389
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 I1' 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 Chis permit maybe processed in accordance with Chapters 18.60. ] 90 (Amendment to Permit
Approval) 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 the applicant is responsible for paying all
charges related to the processing of Chis 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 RESOLUTION was adopted at the Planning Commission
meeting of February 2, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municip Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in e e~nt of an appeal.
COMMISSION
A
SECRETARY; ANA`I•I)!IM PLANNING COMMISSION
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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 resolukion was passed and adopted at a meeting of the Anaheim
City Planning Commission held on February 2, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
February, 2009. ~'~
~~~~ ~ ~ ~
SECRETARY, ANAHEIM PLANNING COMMISSION
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EXIIIBIT "A"
CONDITIONAL USE PERMIT N0.2008-053$9
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EXHIBIT "B"
CONDITIONAL USE PERMIT N0.2008-05389
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
GENERAL CONDITIONS
1 The applicant shall monitor the area under their control Police,
in an effort to prevent the loitering of persons about the Code Enforcement
premises.
2 Trash storage areas shall be provided and maintained in Planning,
a location acceptable to the Public Works Department public Works
and in accordance with approved plans on file with said
Department. Said storage areas shall be designed,
located and screened so as not to be readily identifiable
from adjacent streets or highways.
3 Parking lots, driveway, circulation areas., aisles, Police,
passageways, recesses and ground contiguous to
Code Enforcement
buildings, shall be provided with lighting of a minimum
one (7) foot candle power to illuminate and 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 persons, property, and
vehicles onsite.
4 The property shall be permanently maintained in an Code Enforcement
orderly fashion through the provision of regular
landscaping mainteuance, removal of Crash or debris, and
removal of graffiti within two business days from the
time of discovery.
5 The subject property shall be developed substantially in Planning
accordance with the plans and specifications submitted
to the City of Anaheim by the applicant and which plans
are on file with the Planning Department Exhibit Nos. 1
(Site Plan) and 2 (Floor Flan) and as conditioned herein.
6 Approval of this application constitutes approval of the Flanning
proposed request only Co 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.
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