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Resolution-PC 2009-114RESOLUTION NO. PC2009-114 A RESOLUTION OF TFIE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05363 AND A SETBACK VARIANCE (2623 WEST LINCOLN AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit to expand an existing single-tenant retail building to permit a total of three units including an auto sound system sales and installation business with a smaller setback than required by Code on certain zeal 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 property proposed for a commercial retail center and auto sound installation business is currently developed with a freestanding retail building located in the General Commercial (CG) zone and the Merged Redevelopment Project Area and the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and WHEREAS, the proposed request to expand an existing single-tenant retail building to permit a total of three units including an auto sound system sales and installation business includes a variance of the following: (a) SECTION 18.08.060.0101 Minimum landscane setback. (10 feet required; 7 feet proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 21, 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 to investigate and make findings and recommendations in connection Cherewith; and WHEREAS, said Commission, aHer 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 a commercial retail center and 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 Sections 18.08.030.100 (Commercial Retail Centers) and 18.08.030.040 (Automorive -Repair and Modification). 2. That the requested variance pertaining to minimum landscape setback is hereby approved since there are .special circumstances applicable to the property because of the previous - 1 - PC2009-114 relinquishment of 15 feet to allow the creation of the private street, New Life Way. Providing 15 feet for the private street reduced the lot width of the property. 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity since other properties in the area did not lose substantial use of their properties and since providing Code required landscaping would eliminate existing parking spaces. 4. That the commercial retail center and auto audio installation business would not adversely affect the adjoining residential and commercial land uses and the growth and development of the area in which it is proposed Co be located because the property is currently improved with a retail use and all work related to the vehicle modification would be conducted indoors. Additionally, the garage bays would be located at least 50 feet from the property line which is more than double than required by Code for a commercial structure adjacent to a residence. 5. 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 khe public because the property is currently improved with a retail use and parking above what Code requires would be provided. 6. That the traffic generated by the market 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. 7. "That no persous indicated their presence at said public hearing in apposition; 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 Chat Che Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008- 05363with asetback variance subject to the conditions of approval described in Exhibit "13" .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, 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 1$.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. - 2 - PC2009-1.14 BE TT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby t7nd 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 this discretionary ease application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs firsC. 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 January 21, 2009. Said resolution is subjecC to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMA ANAH IM PLANN G COMMISSION ATTEST: SENIOR SECRETARYU ANAHETl~I( PLANNING COMMISSION 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 resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 21, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: KARAKI, AGARWAL, FAESSEL, EASTMAN, ROMERO, RAMIREZ, BUFFA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereuntoset~my~and this' Tlay of J,~nuary, 2009. SENIOR SECIZ~TARY, ANf~HE1M PLANNING COMMISSION - 3 - PC2009-114 EXHIBIT "A" CONDITIONAL USE PERMIT N0.2008-05363 - 4 - PC2009-114 EXHIBIT "B" CONDITIONAL USE PERMIT N0.2008-05363 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO CSSUANCE OF A BUILDING PERMIT OR WITHIN ONE (1) YEAR FROM THE DATE OF TH75 RESOLUTION, WHICHEVER OCCURS FIRST 1 ThaC final building colors shall be submitted by the Planning applicant and approved by the Planning Department. - 2 That plans submitted for building permits shall public Works demonstrate that fire lanes shall be posted with "No Parkin. Any Time." 3 That plans submitted for building permits shall Planning demonstrate Chat rooftop address numbers for the police police helicopter shall be painted in a contrasting color to the roofing material. Numbers should be four inches in height and two inches wide. 4 That plans submitted for building permits shall Police demonstrate that the business shall be equipped with an alarm system (silent or audible). PRIOR TO FINAL BUILDINGAND ZONING INSPECTION OR COMMENCEMENT OF USE, WHICHEVER OCCURS'FIRST 5 That the subject property shall be developed substantially Planning in accordance with the plans and specifications submitted to the CICy of Anaheim by the applicant and which plans are on file with the Planning Department Exhibit Nos. 1(Site and Landscape Plan) and 2 (Floor Plan and Elevations)and as conditioned herein. 6 That the applicant shall construct a 5-foot wide sidewalk Public Works adjacent to the right of way line, adjacent to Lincoln Avenue, in conformance with Public Works Standard Detail No. 110-$, and install landscape and irrigation between the sidewalk and curb. The developer shall obtain a Right of Way Constmction Permit from the Public Works Department. 7 That the business owner shall File Emergency Listing Police Card, Form APD-281, with Che police Department, available at the Police Department front counter. - 5 - PC2009-114 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 8 That the business owner shall complete a Police Burglary/Robbery Alarm PermiC application, Form APD 516, and return it to the Police Department prior to initial alarm activation. GENERAL CONDITIONS - ONGOINGbURING OPERATION 9 That all uses shall be conducted wholly within the Planning building. 10 That outdoor storage shall not be permitted. Planning 11 That approval of Chis application constitutes approval of Planning Che proposed request only Co the extent thaC 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. 12 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 13 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) the modification complies with the Anaheim lVlunicipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 6 - PC2009-114