Loading...
Resolution-PC 2010-020RESOLUTION NO, PC2010 -020 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009 -05411 (DEV2009- 00005) (100 SOUTH BROOKHURST STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.2009 -05411 to permit and retain a car stereo sales store with installation of stereo parts, 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 developed with a commercial retail center and located in the General Commercial (CG) Brookhurst Commercial Corridor (BCC) Overlay Zone and the Anaheim General Plan designates the property for general commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 12, 2010, 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, 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 Planning 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 conditional use permit, does find and determine the following facts: 1. That the car stereo sales and installation of stereo parts is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402 (Automotive repair and modification). 2. The operation of a will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the use is entirely within an existing building with no outside activities and it is compatible with existing uses surrounding the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be located within an existing building of an established commercial area. 1 PC2010 -020 4. The traffic generated by the existing car stereos sales store with installation of stereo parts has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and activities would occur entirely within the a portion of the existing building space. 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. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009 05411, subject to the 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 further time to complete conditions of approval may be granted in accordance with Section 18.60.170 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 this conditional use permit is approved without limitations on the duration of the use. 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 delays in the issuance of required permits or the revocation of the approval of this application. 2 PC2010 -020 THE FOREGOING RESOLUTION,was adopted at the Planning Commission meeting of April 12, 2010. 1 r i f A ill,', A J CHAIRMAN, ANAHEIM' IT1 PLANNING COMMISSION I A 1' PEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STA`IE 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 April 12, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of April, 2010. SENIOR SIC TARP, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -020 1 1 APN: 128-011-441 o 50 100 o Feel EXHIBIT "A" DEV2009 -00005 9?Y 86' 120.72' W LINCOLN AVE J L W LINDSAY R17 CHEREY''!ot,u Source Recorded Tract Maps and/or City GIS. Please note the accuracy is +f- two to five feet. r 10919 4 PC2010 -020 GENERAL 8 9 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05411 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 1 That fire lanes shall be posted with "No Parking Any Time Planning 2 That on -going during project operation, no required parking Planning areas shall be fenced or otherwise enclosed for outdoor storage uses. 3 That all installation activity shall take place within the building. PIanning 4 Business to be equipped with alarm system (silent or audible) Police 5 Provide comprehensive security alarm system for the following: Police High valued storage areas. Interior building door to shipping and receiving area. 6 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: htto:/ /www.anaheim.net /article.asp ?id =678 7 Address numbers shall be positioned so as to be readily readable from the street. Number should be visible during hours of darkness. All exterior doors to have adequate security hardware, e.g. Police deadbolt locks. Overhead roll -up doors shall also be secured on the inside that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padlock from the inside. 10 File Emergency Listing Card, Form APD -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: htto:/ /www.anaheim.net /article.asn ?id =678 Police Police Police Police 5 PC2010.020 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING 11 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan) and as conditioned herein. Planning 6 PC2010 -020