Resolution-PC 2009-024RESOLUTION NO. PC2009-024
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMiSSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMiT NO. 2Q08-05396
(3125 EAST CORONAAO STREET)
WF3EREAS, the Anaheim City Planniug Commissian did zeceive a verified
Petition for Conditional Use Permit to allow aatomobile-related uses in an existing ~varebouse
building including the retail sales of autpmotive parts, automotive repair, vahicle sales, vehicle
storage, and Yo permiC community and private events with consumption of alcoholic beverages in
two meeting rooms on certain real property situated in the City of Anaheim, County of Orange,
SCate of Califomia, shown on Exhibit "A", attached hereto a~d incorparated herein by this
reference;
WI-IEREAS, the property proposed for automobile-related uses in an existing
warehouse building is currently developed with a warehouse building located in the SP 94-1,
D.A. 2(Northeast Area Specific Plan, Expanded Industrial Area) zone and the Mer~ed
Redevelopment Project Area and the property is designated as Industrial on the Gity 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 18, 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
Municipa] Code, Chapter ] 8:60, to hear and coosider evidence for and against said proposed
condiCional vse pernvC and Co investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigatio~a and study made
by itself and in its behalf, and after due consideration of all evidence and reports oYfered at said
hearing, does find and determine the following facts
1. That automotive repair, rental, storage, sales and community event uses in the SP
94-1, D,A. 2(Northeast Area Speeific Plan, Expanded Industrial Area) zone is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section
18.120:070.050.0504 (AnCOmoYive vehicle repair, overhaul, installatio~ of parts and accessories,
modificaCion, painting, body work and pther similar vehicular activities, inclnding iucidental
retail sales of accessories).
2. That the proposed automotive repair, rental, storage, sales and community event
uses wauld not adversely affecC the adjoining industrial 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 144,000 square foat industrial boilding and all work and storage related to the
automotive-related uses would be conducted entirely indoors.
3. That the size and shape of the site is adeqnate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
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general welfare of the public because the property is cunently improved with an i~dustrial
building and 412 parking spaces. Code requires a total of 388 spaces for the proposed use;
therefore, the parking supply wifl exceed Code by 24 spaces.
4. That the Craffic generated by the business would uot impose an undue burden
apon the streets aud highways designed and improved to carry the traffic in the area because the
number of cars and trucks eutering and exiting the site are co~sistent with typical industrial
businesses that would be permitted as a matter of right withi~ the SP 94-1, D.A. 2(Northeast
Area Specific Plan, Expanded Industrial Area) 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 petitio~.
WHE~2EAS, the proposed project falls within the detinition 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 Anabeim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05396
subject to the conditions of approval described in Exhibit "$" attached hereto and incarporated
by this reference which are hereby found io be a necessary prerequisite to the proposed use of the
subjecC property in order to preserve the healCh, safety and general welfare of tbe Citizens of the
City of Anaheim.
BE IT FCTRTHBR RESOLVED, that this permiY is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
oP ehis permit may be processed in accordance witla Chapters 7 8.60.190 (Amendmeot to Permit
Approval) of the Anaheim Municipal Code.
BE IT FURTF3ER RESOLVED that the Anaheim City Planning Commiss3on
does hereby find and determine that adoption of this Resolution is expressly predicated upon
applicanC's compliance with each and all of the conditions hereinabove seC fortt~. Should any
snch condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then Chis Resolution, and any approvals herein contained,
shall be deemed null and void.
BE TT 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 delays in Che issuance of
required permits or the revocation of the approval of this application.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 18, 2009. 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 ev t of an appeal.
CHAIRMA , AHEIM PL ING COMMISSION
ATTEST:
~ ~
ARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COLINTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretazy 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 Februazy 18, 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 WIIEREOF, I have hereunto set my hand this ~~~ day of
Mazch, 2009.
ARY, ANAHEIM PLANNING COMMISSION
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E~HIBIT "A"
CONDITIONAL USE PERII~IIT NO. ?008-05396
~
`U iUC~
~
Soorce: Recorded Trac[ Maps and/or Ciry GIS.
Please note Ihe acwracy is+/-pvo ta fve feet.
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EXHIBI~ "B"
CONDITIONAL USE PERMIT NO. 2008-05396
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MOIVITORING
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 p~blic Works
and in accordance with approved plans on file wiYh 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, circulatio~ areas, aisles, Police,
passageways, recesses and ground contiguous to Code Enforcement
buildings, shall be provided with lighting of a minimum
one (1) foot candle power to illuminate and make clearly
visible t6e presence of any person on or about Che
premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and
vehicles onsite.
4 The business shall not employ or permit any persons to Police
solicit or eneourage others, direcfly or indirectly, to buy
them drinks in the licensed premises under any
commission, percentage, salary, or other profit-sharing
plan, scheme ox conspiracy. (Section 24200.5 Alcoholic
Beverage Control Act).
S The number of persons attending community events shall Police, Fire
' not exceed the maximum occupancy load as determined
by the Anat~eim Fire DepartmenT. Signs indicatiog the
occupant load shall be posted in a conspicuous place on an
approved sign near the main exit(s) frpm the room(s).
(SecCion 25.114(a) Uniform Fire Code).
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6 At all times during assembly, security measures Police
provided shall be adequate to deter unlawful conduct on
the part of employees or patrons, or to promote the safe
and orderly assembly and movement of persons and
vehicles, or to prevent disturbance of the neighborhood
by excessive noise created by patrons entering orleaving
the premises.
'7 Any and all security officers provided shall comply with Police
all State and Local ordinances regulating their services,
including, without limitation, Chapter 11.5 of Division 3
of the California Business and Profession Code.
8 No minor under the age of sixteen (16) yeazs shall be Police
allowed while alcohol is being consumed on the
premises, unless said minor(s) aze accompanied by a
pazent or guazdian.
9 No "happy hour" type of reduced price alcoholic Police
beverage promotion shall be permitted.
10 The applicant shall not shaze any profits, or pay any Police
percentage or commission to a promoter or any other
person, based upon monies collected as a door chazge,
cover chazge, or any other form of admission chazge,
including minimum drink orders, or the sale of drinks.
11 If an Alcoholic Beverage License is applied for, the Police
applicant shall comply with all ABC (Alcoholic
Beverage Control) requirements.
12 The property shall be permanently maintained in an Code Enforcement
orderly fashion through the provision of regulaz
landscaping maintenance, removal of trash or debris, and
removal of graffiti within two business days from the
time of discovery.
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13 The subject praperty shall be developed substantially in Planning
accordance wiCh the plans and specifications submitted
to the City of Anaheim by the applicanC and which plans
are on file with the Planning Department Exhibit Nos. 1
(Site Planj and 2(Floar Plan) and as conditio~ed herein.
14 Approval of this application constitutes approval of the Planning
proposed request only to the exteut Chat 3t complies with
the Anaheim Municipal Zoning Code a~d any other
appiieable City, State and Federal regulatians. Approval
does not include any action or findings as to compliance
or approval of the request regarding any oti~er applicable
ordinance, reg~lation or requirement.
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