Resolution-PC 2010-066RESOLUTION NO. PC2010 -066
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIAt'E ENVIRONMENTAL DOCUMENTATION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001 04441
AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001R -281
(TRACKING NO. CUP2001- 04441A, DEV2010- 00107)
(2225 EAST KA'I'ELLA AVENUE)
WHEREAS, on November 21, 1991, the Anaheim City Council, by its
Resolution No. 2001R -281, did approve Conditional Use Permit No. 2001 -04441 to permit an
auto collision repair and auto rental facility for a period of ten (10) years to expire on November
13, 2011 for that certain real property located at 2225 East Katella Avenue in the City of
Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A ",
attached hereto and incorporated herein by this reference; and
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for an amendment to Conditional Use Permit No. 2001 - 04441, designated as
Conditional Use Permit No. 2001- 04441A, to modify or delete a condition of approval
pertaining to a time limitation for an auto collision repair and auto rental facility 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; and
WHEREAS, this property is developed with a 31,316 square foot industrial
building located in the I (Industrial) zone and the Anaheim General Plan designates the property
for Office High land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 16, 2010, at 5:00 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 clue 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. The applicant's proposal to amend or delete a condition of approval pertaining to
a time limitation for an auto collision repair and auto rental facility in the I (Industrial) zone is
properly one for which a conditional use permit is authorized under Code Section 18.10.030 of
the Anaheim Municipal Code.
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2. The auto collision repair and auto rental facility has demonstrated compatibility
with the surrounding area and the deletion of the condition pertaining to the time limitation as
proposed will not adversely affect the adjoining land uses or the growth and development of the
area in which it is currently located.
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. Further, Code Enforcement staff inspected the property and determined that
the business is being conducted in compliance with conditions of approval.
4. The traffic generated by the request to delete a condition of approval pertaining
to a time limitation for an auto collision repair and auto rental facility will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because the number vehicles entering and exiting the site are consistent with typical industrial
businesses that would be permitted as a matter of right
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. This business use has operated in this
location for 12 years and has proven to be compatible to the area.
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, for the reasons hereinabove stated does hereby approve the amendment to
Conditional Use Permit No. 2001- 04441, designated as Conditional Use Permit No. 2001 -
04441A, to reinstate said conditional use permit.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby amend, the conditions of approval adopted in connection with City Council
Resolution No. 2001R -281, approving Conditional Use Permit No. 2001 -04441 to read as stated
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, except as expressly amended herein, the
provisions of Resolution No. 2001R-281, approving Conditional Use Permit No. 2001 - 04441,
shall remain if full force and effect.
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
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 16, 2010.
A'1'LEST:
CHAIRMAN, AN
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
1M CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, 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 August 16, 2010, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of August, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXH BIT "A"
DEV2010 -00107
APN: 253 - 531 -06
1—
E HOWELL AVE
fl 0 50 10U
Feet
Source, Recorded Tract Maps andfor City GIS
Please note the accuracy is +1- two to five feet
10994
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PC2010 -066
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED OFF
BY
GENERAL
1
No required parking area shall be fenced or otherwise
enclosed for outdoor storage uses.
Code
Enforcement
2
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 Nos. 1,
2 and 3 of City Council Resolution No. 2001R -281, and as
conditioned herein.
Planning
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2001-04441A
(DEV2010- 00107)
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