Resolution-PC 2009-063RESOLUTION NO. PC2009-063
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING A CLASS 1 CATBGORICAL EXEMFTION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05406
(1011 NORTH GROVE STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
petition for a Conditional Use Permit Co allow a towing and impound yard in conjunction wiCh
automobile repair and outdoor and indoor vehicular storage on a property developed with a
warehouse 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 the automodve repair and Yowing facility
is curreotly developed with a 10,718 square foot warehouse building located in the SP 94-1, D.A.
4(Northeast Area Specific Plan, Transit Core Araa) zone and the property is designated as
Mixed Use on the City of Anaheim General Plan; and
WHEREAS, the Planniog Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 22, 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 heaz and consider evidence for and against said proposed
co~diCional use permit and to 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 with respect to the request for a conditioual use permiC, does find and determine the
following facts:
1. ThaC automotive repair and towing/impound uses in the SP 94-1, D.A. 4
(NorCheast Area Specific Plan, Transit Core Area) zone is pzoperly o~e for which a conditional
use permit is aathorized by Anaheim Municipal Code Section 18120.040.040.0402 (Expansion
of Change of Nonconforming Uses).
2. That the automotive repair and towing/impound uses ~vaald not adversely affect
t6e adjoining indastrial land uses and the growth and developme~t of Che area in which it is
proposed to be located because all tow trucks, impounded vehicles, and repaired vehicles will be
stored and staged on Che properCy, subject to compliance with the conditions oP approval
contained herein.
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 the public, subject to compliance with the conditions of approval contained
herein. Code requires a total of 18 spaces for the automotive repair use proposed in the north
portion of the warehouse building. A total of 50 spaces are provided on the subject property,
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4. including 14 spaces provided on the oortfi side of Che building for customer and
employee parking and 4 spaces on the south side of the building adjacent to Grove Street for
employee parking, and an additional 32 parking spaces are provided on Che west side of the
building and wiThin the south side of the warehouse building for impoand and Yow kruck sCOrage.
5. That the traffic generated by the automotive repair and towing/impound uses
would not impose an undne burden upon the streets and highways designed and improved to
carry the traffic in the azea, subject to compliance with tfie condiYions of approval contained
herein.
WHEREAS, the proposed projecC 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. 2009-05406,
subject to khe 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. Extensions for furCher time to complete conditions of approval may be granted
in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance
with conditions of approval 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
Che conditioo(s), {ii) the anodification complies with the Anaheim Municipal Code and (iii) the
applicant has demonstrated significant progress toward establishment of the use or approved
development. '
$E IT F[JRTHER RESOLVED, tl~at this permit is approved without lirzuTaCions
on the hoars of operatio~ or the duration oP the use. Amendmeots, modifications and revocations
of this permit may be processed in accordance with Chapkers 18:60.190 (Amendment to Permit
Approval) of the Ana6eim Manicipal Code.
BE IT FURTHER RESOLVED that approval of this application constitutes
approval of the propased request only to the extent that it complies with the Anaheim Municipal
Zoning Code and any okher 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 ordinaoce, regula[ion or requirement
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of th9s disczetionary case applicatio~ witbin 15 days of the
issuance of the final invoice. Failure to pay al] charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
Tf~ FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 22, 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.
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~
CHAIItMAN, A1 IM CITY P ANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CZTY PLANNING COMMISS[ON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CIT'Y 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 June 22, 2009, by the foltowing vote of the members thereof:
AYES; COMMISS[ONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
K.ARAICI, RAMIREZ
NOES: COMMISSIONERS: ROMERO
ABSENT: COMMI5S10NERS: NONE '
IN WITNESS WHEREOF, I have her~eunto set my hand this Z~'~ay of June, 2009.
Y, ANAHEZb?-~ITY PLANNING COMMISSION
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EXHIBIT "A"
CONDTTIONAL USE PERNIIT NO. 2009-0~406
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PC2009-063
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2009-05406
No. Conditions of Approval Responsible for
Monitorin
WITHIN 60 DAY5 OF THE DATE OF THIS RESOLUTION
1 Roof top address numbers shall be provided for the police Police
helicopter. Numbers should face the skreet with a
minimum size of 4 feet in height and two feet in width
with a minimum 6 inch thickness and 12 to 18 inches
apart, pai~ted with contrasting colors to the roofing
material.
3 The applicant shall complete and implement the following Pub&c Works,
actions: Development
Services
o SubmiC Co Public Works and maintain onsite a
Spill Prevention and Response Plan which
addresses all items identified on page 5 of the
CASQA Automotive Services BMP Handbook
(found online at: www.cabmpha~dbooks.com).
• Train current staff on the implementation of the
Plan and ensure future staff is trained wiThin one
month of hire.
• Plans shall be subinitted showing a designated
vehicle washing area. This "wash area" shall be
physically bermed, grated or must otherwise
physically prevent washwater from leaving the site
or entering the storm drains. All washwater must
drain to an oiUwater separator before discharging
to the sanitary sewer or the wash water shall be
collected and reeycled or properly disposed of to
CASQA's best management practices standards
(see website).
• Containers and tanks shall only be stored on a
concrete or oCher impermeable surface, and should
be under a covered area. All containers shall be
labeled according to content and haZazd
characteristics and shall be monitored daily for
leaks. Any leak shall be addressed immediately.
• Place "drip pans ' under leaking vehicles and clean
any ]eaked fluids that have reached the ~round,
using "dry" methods, within one day of
occunence.
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3 Plans shall be s~bmitted Co the City Engineer Por review Pubiic Works,
and approval showing how the gates conform to the Traffic
cunent version of Engineering Standazd Detai1475 and Engineering
demonstrati~g that Che gates have not been insCalled across
the driveway in a manner which may adversely affect
vehicular traffic on Grove Street. The property
owner/developer shall make any changes to the gates
required by the City Engineer within 60 days of the
adoption of this resoludon.
4 The existing barbed wire fencing on top of the gates Code
adjacent to Grove Street shall be removed or the gate shall Enforcement
' be designed to screen the barbed wire from view from
Grove Street.
5 A new gate shall be installed on the existing trash Public Works,
enclosure in accordance with approved plans on file with ~aniCation
khe Public Works Department.
GENERAL
6 Automotive repairs, modifications, body work, painting, Code
or other automotive-related activities shall be limited to Enforcement
only the service bays and shall not be conducted on any
vehicles parked in required parking spaces inside the
bvilding or in designated parking/storage areas on the
property.
7 Portable shipping containers shall not be permitted on the Code
' property. Enforcement
8 Vehicle parts, materials, or repair equipment shall be Code
stored inside the buildings only. Enforcement
9 No vehicles shall be unloaded or loaded within any public Code
right-of-way, nor shall any vehicles be parked or staged Enforcement
on said streets.
10 Storage of impounded vehicles and tow trucks shall be Code
permitted in the outdoor storage yard, and the indoor Enforcement
warehouse area, as designated on Exhibit No. 1. The
storage of impounded vehicles or any other vehicles being
stored on the property shall not occur within any required
' parking space.
ll No required customer or employee parking areas shall be Code
fenced or otherwise enclosed for outdoor storage uses. Enforcement
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12 The property shall he permanently maintained in an Code
orderly fashion through the provision of regular Enforcement
landscaping maintenance, removal of trash or debris, and
removal of grafSCi within two business days from the time
of discovery.
13 Subject facility shall be subject to quarterly inspectioos by Code
the City's Code Enforcement Division for one year after Enforcement
the date of this resolution, and as often as necessary
thereafter as deemed necessary by the City's Code
Enforceme~t Manager. The property owner shall pay the
costs of said Code Enforaement inspections.
14 If the automobile repair use is removed from the norCherly Planning
half of the building, the storage of irapouoded vehicles
may be expanded into this portion of the building
provided, prior to commencement of this expansion, a
revised site and flaar plan is submitted to the Planning
Department for review and approval to ensure the number
of required parking spaces are provided for this use and
adequate circulation is provided on the site.
15 A fence and gate shall be provided and maintained to Code
separate the required customer and employee parking area Enforcement
from the outdoor impound"storage area, as designated on
Exhibit No. 1.
16 A physical separation shail be provided and maintained Code
inside the building to separate the automotive repair azea Enforcement
from the indoor impound storage area, as designated on
Exhibit No. 1.
i7 Snbject property shall be developed substantially in Planning
accordance with plans submitted to the City of Anaheim by
the applicant and which plans are on file with the Flanning
~~~ Department marked Exhibit No. 1, and as condirioned
herein.
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