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Resolution-PC 2012-016RESOLUTION NO. PC2012 -016 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. 2012 -05590 (DEV2012- 00002) (2201 EAST WINSTON ROAD, SUITE B) WHEREAS, the Planning Commission did receive a verified Petition for Conditional Use Permit No. 2012- 05590, as described below; and WHEREAS, the applicant requests a Conditional Use Permit to permit an automobile repair facility in an industrial building; and WHEREAS, the subject property is developed with three industrial buildings and is located in the I (Industrial) Zone, and the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS. the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 26, 2012, 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 amendment to conditional use permit and variance 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, does find and determine the following facts: 1. The proposed request to permit an automobile repair facility in an industrial building is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Automotive — Repair & Modification). 2. The proposed conditional use permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the automobile repair facility will operate in a manner which is consistent with the surrounding uses and which is not detrimental to the adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed project in a manner not detrimental to the particular area or to the health and safety because the use is consistent with the Industrial zone and the surrounding uses. 1 PC2012 -016 4. The traffic generated by the proposed project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the automobile repair use will not create excess traffic or an excess demand for parking due to the limited size of the facility. 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 as the proposed project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, 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 Planning Commission, for the reasons hereinabove specified does hereby grant Conditional Use Permit No. 2012 -05590 to permit an automobile repair facility in an industrial building. BE IT FURTHER RESOLVED, that 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 PC2012 -016 THE FOREGOING RESOLUTION was . i opted at the Planning Commission meeting of March 26, 2012. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEI CITY PLANDIKG COMMISSION SENIOR SE TARY, ANAHEIM CITY PLANNING 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 March 26, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF I have hereunto set my hand this 26 day of March, 2012. SENIOR SECITARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2012 -016 APN: 253 - 151 -03 0 50 1 0 I Feet ® EXHIBIT "A" DEV NO. 2012 -00002 E WINSTON RD r E OMEGA AVE 1 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. - 4 - PC2012 -016 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY ONGOING DURING PROJECT OPERATIONS 1 All repair activity shall be conducted wholly within the building. Planning Department, Code Enforcement Division 2 Parking areas shall not be used for outdoor storage, including the storage of trailers, inoperable vehicles, or the display of vehicles for sale or rent. Planning Department, Code Enforcement Division 3 The approval of this applicant 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. Planning Services, Planning Department 4 This property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and as conditioned herein, which include the Site Plan and Floor Plan (Exhibit No. 1). Said plans are on file in the Planning Department. Planning Department, Planning Services Division EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2012-05590 (DEV2012- 00002) 5 PC2012 -016