Resolution-PC 2009-030RESOLUTION NO. PC2009-030
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05378
(511 EAST LA PALMA AVENUE)
WHEREAS, the Anat~eim Ciry Planning Commission did receive a verified
Pe6tion for CondiCional Use Pernvt to permit auromobile repair, auto body and paindng, a
towing and impound yazd, outdoor vehicular storage, and indoor vehicular storage in an existing
warebouse building on certain 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;
WHEREAS, the property proposed for automobile repair, auto body and painting,
a towing and impound yard, oatdoar vehicular storage, and indoor vehicular storage is cuzrently
developed with a 21,000 square foot warehouse buildin~ located in the Industria] (1) zo~e and the
Merged Redevelopment Project Area and the property is designated as Industrial on the City of
Anaheim General Plan; and
WHEREAS, tt~e Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 2, 2009, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and io accorda~ce with the provisions of the Anaheim
Municipal Code, Chapter 1$.60, Co hear and consider evidence for and against said proposed
copditional use permit and to investigate and make findings and recommendaiions in connection
therewitl~; and
WHEREAS, said Commission, after due inspection, invesUgafio~ and sLudy 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 follow~ng facts:
L That an automotive repaiz and modification use in the Industrial (I) zone is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.10.030:010 (A~tomotive - Repair and Modi6caCio~).
2. That tlae automotive repa9r and modification use would not adversely affect the
adjoining indasCrial land uses and the growth and development of the area in which it is proposed
to be located because the property is carrently improved with a warehouse and all work related to
the vehicle modification would be conducted indoors and screened from public view by 6-foot
high fencing azound the perimeter of the property.
3. Tl~at the size and shape of the site is adequate to allow the full developmant of the
proposed use in a manner noC detrimental to the particular area nor to the health, safety and
general welfare of Che public because the property is c~nently improved with a warebouse
building and 46 parking spaces. Code requires a zotal of 44 spaces Por the proposed use;
therefore, the parking supply will excaed Code by 2 spaces.
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4. That the traffic generated by the business wauld 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 exit9ng the site aze consistent with typical industrial
businesses that would be permitted as a matter of right wit6in the Industrial zone.
5. T'l~at no one indicated their presence at said public hearing in opposition; and cliat
no conespondence was reeeived 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, a~d is
therefore, exempt from the requirement tp prepare addiCional environmental documentation.
BE iT F[JRTHER RESOLVED that the Anaheim City Planning Commission, for
the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2008-05378
sobject to the conditions oP approval described in Exhibit "B" attached hereCO and incorpnrated
by this reference which are hereby found to be a necessary prerequisite to the proposed use of the
subject properCy ln order to pzeserve the health, safety and general welfare of The CiCizens of the
City of Anaheim.
BE IT FURTHER I2ESOLVED, that this permit is approved without limitations
on tUe ho~rs of operation or 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) 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 campliance with eac}~ and all of the conditions hereinabove set forCh. Shoald any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any coort of competenY jurisdiction, then this ResoluCion, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible Por paying all
charges related to the processing of Chis discretionary case apglication within 15 days qf the
issuance of the final invoice. ~'ailure to pay all charges shall resalt in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted aC the Planning Commission
meecing of March 2, 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 event of an appeal.
CHAD2MAN,~NAHEIM CITY
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ATTEST:
SEN30R 3ECKETARY, ANAHEIM C3TY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary oP the Anaheim CiCy Planning Commissio~, do
hereby cenify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Plannin~ Commission held on March 2, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunYO set my hand tbis 16`~ day of March, 2009.
PLANNING COMMISSION
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EXHIBIT "A"
CONDITIONAL USE PERNfIT NO. 2008-05378
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10710
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05378
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAL MONITORING
WITHIN I20 DAYS OF THE'DftTE OF THIS RESOLUTION
1 The existing barbed wire shall be removed from the Plannin~
chain link fencing adjacent to La Palma Avenae and
Sabina Street.
2 Tl~e wall s9gns on the souYh building wall facing La Planoing
Palma Avenue shall be removed and replaced with new
signage in conformance with Zoning Code requirements.
GENERAL CONDITIONS
3 Trash storage areas shall be provided and maintained in Planning,
a location acceptable Yo the Public Works Department Public Works
and in accordance witb approved plans on file with said
Department. Said storage areas shall be designed,
located and screened so as noC Yo be readily identifiabie
from adjacent streets or highways.
4 ' Pazking inside Buildings 1 and 2 in conjunction with the Planning
a~tomotive storage shall comply with City standards
including miuimum stall dimensions, back-np aod drive
' aisle widths.
5 SCorage of impo~nded vehicles shal7 be permitted in Planning
Building 2 as designated on Exhibit No. 2. If the storage
of impounded vehiales is expanded into Building 1, a
revised site and floor plan shall be submitted to the
Planning Department for review and approval to ensare
adequate circulation on the site. Additional parking is
not required for this vehicle storage expansion provided
that there is no expansion of office space. The storage of
impoanded vehicles or any other vehicles being stored
on the property shall not occur within any required
parking space, whether said required parking space is
inside or oatside a building.
6 On-going during project operation, under no Code Enforcement
circumstances shall vehicles be unloaded or loaded on
any public right-of-way nor shall any vehicles be parked
or staged o~ said streets.
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7 Automotive repairs, rnodificaYions, body work, painCing Code Enforcement
or other a~tomotive-related activities shall be limited to '
only the service bays and shall not be conducted on any '
vehicles parked in required parking spaces inside the
building or in designated parking areas on the property.
8 Vehicle parts or materials shall be stored inside the Code Enforcement
buildings only.
9 Gates shall be open during norma] business l~ours. The Public Works
gate adjaceot to La Palma Avenae shall not be used
during non-business hours. Knox boxes shall be
installed on all gates. Said information shall be
indicated on plans submitted for building pemuts.
10 Tt~e applicant shal] monitor the area ~nder their conCrol Police,
in an effort to prevent the loitering of persons about the Code Enforcement
premises.
ll Parking lots, driveway, circulation areas, aisles, Police,
passageways, recesses and ground contiguous to Code Enforcement
buildipgs, s6a11 be provided with lighting of a rninimum
one (1) foot candle power to ill~minate and make ciearly
visible the presence of any person on or about the
premises during the hours of dazkness and provide a
safe, secure environment for all persons, property, and
vehicles onsite.
12 The properCy shall be permanenYly maintained in an Code Enforcement
orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and
removal of graffiti within two business days from the
time of discovery.
13 That timing for compliance witH conditions of approval Planning
may be amended by tt~e Planning D'uecCOr upon a
showing of good cause provided (i) equivalent timing is
established that satisfies the original intent and purpose
of the condirion(s), (ii) the modification complies with
the Anaheim Municipal Code and (iii) Che applicant has
demonsCraCed significant prpgress toward esCablishment
of the use or approved development.
14 The subject property shall be developed substantially in Planning
accordance wiCh the plans and specifications submitted
to the City of Anaheim by the applicant and which plans
are on file wiTY~ Che Planning Department Exhibit Nos. 1
(Site Plan) and 2(Floor Plan) and as conditioned herein.
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15 Approval of this application co~stitutes approval of the Planning
proposed request only to the extent that it complies with
i the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approva]
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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