Resolution-PC 2010-072RESOLUTION NO. PC2010-072
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. 2010-05512
AND VARIANCE NO. 2010-04824
(DEV2010-00112)
(1072 NORTH ARMANDO STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010-05512, to establish an automotive repair facility in
an existing industrial building with less parking than required by Code, pursuant to Code Section
No. 18.60.180 of the Anaheim Municipal Code 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 14,800 square foot
industrial building, located in the Northeast Area Specific Plan No. 94-1, Development Area 1 —
Industrial (SP94-1, DA 1) zone, and the Anaheim General Plan designates this property for
Industrial land uses; and
W1-1EREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 30, 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 "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 proposed automotive repair facility is properly one for which a conditional
use permit is authorized under Code Section No. 18.120.070.050.0504 (Automotive Vehicle
Repair).
2. The proposed automotive repair facility 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 facility will be compatible with other industrial uses in the vicinity;
3. The size and shape of the site proposed for the automotive repair facility is
adequate to allow the full development of the proposed use, in a manner not detrimental to either
the particular area or health and safety;
4. The traffic generated by the proposed automotive repair facility will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the
area.
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5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding area.
WHEREAS, the 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 variance, does find and determine the
following facts:
1. The applicant requests a variance from the following Code Section to provide less
parking than required by Code:
(a) SECTION NO. 18.42.040.010
(Table 42-A)
Minimum number of parking spaces
(35 spaces required; 32 spaces
proposed)
2. The above-mentioned variance, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to the proposal under the normal and
reasonably foreseeable operation of the use. The parking justification letter submitted by the
applicant indicates that the business would provide repair services for specialized vehicles and
that the volume is significantly lower as compared to a more "mainstream" lube and tune or auto
dealership facility.
3. The parking variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity because the
proposed parking would be adequate to accommodate the parking demand for both businesses on
the property.
4. The variance will not increase the demand and competition for parking spaces
upon adjacent properties in the immediate vicinity of the proposed use since all parking is
contained on-site and will not encroach into other surrounding properties.
5. The variance will not increase traffic congestion within the off-street parking
areas provided for the proposed use as indicated in the parking justification letter because the
supply of parking spaces is adequate for the proposed uses and there is adequate egress and
ingress to the site.
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 Conditional Use Permit
No. 2010-05512 to permit an automotive repair facility on property located at 1072 North
Armando Street, and Variance No. 2010-04824 to permit fewer parking spaces than required by
code.
2 PC2010-072
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission
does hereby approve Conditional Use Permit No. 2010-05512 and Variance No. 2010-04824
subject to the conditions of approval described in Exhibit "8" 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 this permit is approved without limitations
on 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) and
18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal
Code.
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 30, 2010. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and
may be replaced by a City Council Resolution in the eve f an appeal.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SE RETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE 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 August 30, 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 3Qh1 clay of August, 2010.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4 PC2010-072
EXHIBIT "A"
DE V2010 -00112
APN: 344 -421 -09
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11001
5
PC2010 -072
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
No required parking areas shall be fenced or otherwise enclosed
for outdoor storage uses.
Code
Enforcement
2
Trash storage areas shall be provided and maintained in a location
acceptable to the Public Works Department and in accordance
with approved plans on file with said Department. Said storage
areas shall be designed, located, and screened so as not to be
readily identifiable from adjacent streets or highways.
Planning,
Public Works
3
Automotive repairs, modifications, body work, painting or other
automotive-related activities shall be limited to the designated
repair area inside the building and shall not occur outside the
building, nor within any required parking space areas on the
property.
Code
Enforcement
4
Vehicle parts or materials shall be stored inside the buildings
Code
Enforcement
only.
5
The property shall be permanently maintained in an 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.
Code
Enforcement
6
The subject property shall be developed substantially in
accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit No. 1 (Site and Floor Plan),
and as conditioned herein.
Planning
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2010-05512 AND VARIANCE NO. 2010-04824
(DEV2010-00112)
6 PC2010-072