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Resolution-PC 2007-10~ ~ RESOLUTION NO. PC2007-10 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ' THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05171 BE GRANTED (3152 EAST t'A PALMA AVEN U E) WHE.REAS, the Anaheim Planning Commission did receive a verified Petition for Conditionai Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as PARCELS 1 AND 2 AS SHOWN ON A MAP FILED IN BOOK 58 OPAGE 43 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 8, 2007, at 2:30 p.m., notice of said 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 Commission, after due inspection, investigation and study made by itself and in itsbeha{f, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.100.050.0524 to retain a theater. The dance studio is a use permitted in the zone. 2. That the use is compatible with the existing industrial complex with the activity at the facility occurring mainly during the evenings and weekends when the other uses within the complex are not open which will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed. 3. That the granting of the conditionaf use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the times the theater will be in operation is at night and on weekends during which the rest of the businesses in the complex are not in operation. 5. That the size and shape of the site is adequate to allow the full development of the theater in a manner not detrimental to the health and safety of the particular area. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT ~INDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3(New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. Cr/PC2007-10 -1- PC2007-10 i ~ NOW, THEREFORE, BEJT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use'Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That any signage shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a'Reports and Recommendations" item. 2. That 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 twenty four (24) hours from the time of discovery. 3. That the property owner shall submit a letter requesting termination of Variance No. 2634 (to permit a sandwich shop) to the P{anning Department. 4. That four (4) foot high address numbers shall be displayed flat on the roof of the building in contrasting color to the roof material. The numbers shall not be visible to adjacent and nearby streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 5. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 6. That existing trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division 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. The walls of the storage areas shall be protected from gra~ti opportunities by the use of plant materials such as minimum 1-galfon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 7. That subject 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 through 2, and as conditioned herein. S. That within sixty (60) days from the date of this resolution, Condition Nos. 3, 4, 5, and 6 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 9. 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 regu~ations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 10. That 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 the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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 ~nal judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -2- PC2007-10 ~ ~ 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 or prior tothe issuance of building permits for this project, whichever occurs first. Failure to pay aif 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 January 8, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to app I procedures and ma be replaced by a City Council Resolution in the event of an appeaL f ~ -~GHAIRMAN,ATVAHEIM PLANNING GOMMISSION ATTEST: /~Z~Lo~V'^.° SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Mor~is, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 8, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of r , 2007. ~ /~~'~?'MbV° SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- FC2007-10