Resolution-PC 2009-091RESOLUTION NO. PC2009 -091
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2009-05462
(401 SOUTH BROOKHURST STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit No. 2009- 05462, to permit the outdoor storage of boats in conjunction with an
existing boat retail facility located on an adjacent property in the County of Orange for 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, this property is currently developed with a commercial center and boats are
stored outdoors behind the commercial building;
WHEREAS, the property is located in the CG General Commercial BCC (Brookhurst
Corridor Overlay) zone and the Brookhurst Corridor Revelopment Project Area and the Anaheim General
Plan designates this property for Residential Corridor land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 12, 2009, at 3:30 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
"Procedures to hear and consider evidence for and against said proposed conditional 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, does find
and determine the following facts:
1. The outdoor storage of boats in conjunction with an existing boat retail facility located on
an adjacent property in the County of Orange is properly one for which a conditional use permit is
authorized by this code.
2. The proposed outdoor storage of boats will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the boat storage is not visible
from the public street and has limited visibility to the single family residences located at the rear of the
facility.
3. The size and shape of the site for the outdoor storage of boats is adequate to allow the full
development of the use, in a manner not detrimental to either the particular area or health and safety
because the size and shape of the lot behind the existing commercial center is adequate to provide for the
outdoor storage of boats and limits the visibility of the storage area from public view.
4. The traffic generated by the outdoor storage of boats will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the storage
PC2009 -091
of boats is not visible from the public right -of -way thereby limiting the amount of traffic that would be
generated by a visible display of boats.
5. The granting of the conditional use permit for the outdoor storage of boats under the
conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
because the outdoor storage of boats will not be visible from public view and has limited view from the
adjacent single family residences.
WHEREAS, the proposed project falls within the definition of Categorical Exemptions,
Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore,
exempt from the requirement to prepare additional environmental documentation.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the
reasons hereinabove stated does hereby approve Conditional Use Permit No. 2006 -05462 subject to the
conditions of approval which are 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 further 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 the condition (s), (ii) the modification
complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress
toward establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this permit is approved without limitations on the
hours of operation or 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) and 18.60.200
(City- Initiated Revocation or Modification of Permits) 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 approval of this application constitutes approval of
the proposed request only to 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.
BE IT 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 the revocation of the approval of this application.
2 PC2009 -091
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 12, 2009.
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
CHAIRMAN E ANAHEIM CITY P L COMMISSION
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 October 12, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO
NONE
AGARWAL, KARAKI
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of October, 2009.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2009 -091
EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 2009 05462
APN: 127- 092 -26
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PC2009 -091
NO.
CONDITIONS OF APPROVAL
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1.
Only boats and trailer equipment shall be stored at the property in the
designated locations as shown on the site plan. Said items shall not be
visible from the public right -of -way.
Code Enforcement
2.
All boats must maintain a 15 -foot setback from the rear property line
abutting the single family residences. A line shall be painted on the
pavement identifying the 15 -foot setback line and no storage of boats or
materials shall be placed in the area between the rear property line and
the 15 -foot setback line. The painted line shall be maintained so that it
is visible at all times.
Code Enforcement
3.
No boats shall be displayed within the front area of the property located
along Brookhurst Street.
Code Enforcement
4.
The outdoor display of boats shall terminate if the boat retail business
ceases operation.
Code Enforcement
5.
That subject property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
business owner and which plans are on file with the Planning
Department marked Exhibit No. 1 (Aerial Site Plan) and as conditioned
herein.
Plannin
EXIIIBIT `B”
CONDITIONAL USE PERMIT NO. 2009-05462
5 PC2009 -091