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Resolution-PC 2008-72RESOLUTION NO. PC2008-72 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05324 (1695 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Plamiing Commission did receive a verified PeYition for a Co3idiCional Use Pemlit to permit and retain specific aiito-related uses for certain real properfy situated in the City of Anaheim, County of Orange, State of Califomia, slio~vn on Exliibit A, attaclied hereto and incorporated herean by tliis reference. WHEREAS, this property is currently developed with a one-story, 4,750 square- foot conullercial building wiYkin the General Con~mercial (C-G) zone and the Anaheim Genaral Plan designates this property for General Commeroial land uses; and WHEREAS, the applicant has requested approval of a condiYional use pemiit to pennit and retain auto-relaCed uses on Yl1e properCy including retail sales and installation of uitomobile wheels, tires, window tintisig, audio systems, auto detailing and upholstery, and an auto brokerage office pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Cea~ter in tlie City of Anaheim oai A~ig~isY 4, 200$, aY 230 p.m., notice of said public l~earing having Ueen duly given as required by law and in accordance with Yhe provisions oPtlie Anaheim Municipal Code, Chapter 18.60 "Procedures", to ]zear and consider evidence for and against said proposed request and to investigate and make findings and recom~nendations in connecYiot~ therewith; and IVHEREAS, said Commission, after due inspection, invastigation and study made Uy itselP and in its behalf, and afier due consideratioia oF all evidence and reports offered at said l~earing, does find and determine the following facts: 1. That the proposed request to permit a~id retain the auto-related uses is properly one for which a conditional use ~erniit is authorized under Code Section 18.08A30.0402 of Clie Anal~eim Municipal Code; and 2. That the auto-relaCed uses, as conditioned, will not adversely aFfect tlie adjoining land uses aud tlte growYll and development of tlie area in whicli it is located because the site is sunrounded Uy co~aunercial and iiadustrial uses. Moreover, there is adequate pazlcing to acco3nmodate the auto-related uses. 3. That Che size and shape of the site for YI~e use is adeqtiate to allow the auto-related uses in a inam~er not deYrin3ental to either tlte particular area or healYll and safeYy as Yhe properCy is fiil]y developed and tliere is sufficient ~arlcing to provide for tlie uses. 4. That the traffic generated by tl~e use of tUe property as the auto-related uses will not impose an undue Utiirden upon the streets and liighways designed and improved to carry the traffic in the area and; -1- PC2~008-72 5. That the granting of the conditional use pem~it under the conditions imposad will not be detrimental to tlie health and safeYy of the citizens of tl~e City of Anaheim. 6. T1~aC no one indicated tlieir presence at said public hearing in opposition; and tl~aC no correspondence was received in opposition to the subject petition. WHEREAS, Hie proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1(Existing Faeilities) as defined in Yhe State CEQA Guidelines, and is therefore, exempt from Yhe requirement Yo prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that tlie Analieim Planning Commission does ltereby approve Conditional Use Permit No. 2008-05324 subject to the conditions of approval described in Exhibit "B" attached l~ereto and incorporated by this rePerence which are hereby found to be a necessary prerequisite to the proposed use of tlie subject property in order to preserve the liealth, safety and general welfare of the Citizens of Yhe City o f ?aiaheim. BE 1T FiJRTHER RESOLVED this permit is approved without limitations on tlie hours of operation or the duration oFtlie use. Amendrnents, modifications and revocations of tllis permit may be processed in accordance witli Chapters 18.60.190 (Amendment of Permit Approval) and 18.60?00 (City-Initiated Revocation or Modificatioii of Permits) of the Anaheim Municipal Code. BE IT FiJRTHER RESOLVED tl~at the Anaheim Plaauiing Commission does hereby find and determine that adoption of this ResoluYion is expressly predicated upon applicanYs compliance wiCl~ eacl~ and all of the condifions hereinabove set forCh. Sl~ould any such condiYion, ar any part thereof, be declared invalid or unenforceable by the fnal judgmenY of any cot3rt of compeCent jurisdiction, then this Resolution, and any approvals herein coiltained, shall be daemed null and void. BE IT FURTHER RESOLVED that tlte applicant is responsible £or paying all charges related to tl~e processing of tliis discretionary case application wiChin 15 days of the issuance of Yha final invoice. Failure to pay all charges shall res~ilt in the revocation of the approval oPthis applicatiou. -2- PC2008-72 THE FOREGOING RESOLUTION was adopted at tlie Planning Commission meeting of August 4, 2008. Said resoh~tion is subject to the appeal provisions set fortli in .. ,. Chapter 18.60 "Zoning Provisions - General" of tlie Anaheim Municipal Code pertaining to appeai procedures and may be replaced by a City Council Resolution ii3 tlle event of an appeal. ~ , CHA ' N, NAHEIM P A NG COMMISSION ATTEST; ~[ / /.. r _ ~.4 / \ J//l./V`~ SENI SECRETARY. ANAHEIM PLANNING COMMIS3ION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CTI'X OF ANAHEIM ) I, Grace Medina, Senior Secretary of Uie Anaheim Planning Commission, do hereby certify thaY tlie foregoing resolution was passed and adopted at a meeting of the Analieim Planning Co~nmission lleld on August 4, 2008, by tlie following vote of Yhe members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, ICARAICI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I l~ave hereunto set my l~and tl~is (~ day of August, 2008. SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC200$-72 Exhibit A W w ~~'S 3. '~ ~ g6L~ ~ ~ ~ ~ Q ~o M N J m ~ m U ~ ~ ~ W ``L=116.78' 26.46' LINCOLN AVENUE ° ~i° '0° ~ ~ Sou rce: Recorded Trect Maps and/or Cily GIS. ro~i Please nole lhe accurac is +/- Iwo {o five (eel. Y Subject Property p ~ - o ~ _~ Conditional Use Permit No. 2008-05324 . W LINCOLNAVE i ~Vl.IWC~~NP~ ~ s• ~ ~ ~ y ~ ~ ~ri eaoAOwnr- _ F ~e ~_ N la° ~y l~ ~tn j m PTL F 1695 West Lincoln Avenue iosss - 4 - PC2008-72 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05324 Respousible Sor No. Conditions of Approval Monitori~g WITHIN 60 DAY S FOLLOWING ADOPTION OF THIS RESOL UTION 1 A Crash enclosure, in a looation reviewed and appzoved by Public Worlcs tlie Public Worlcs Department, Streets and Sanitation and Planning Division and P3anning Department, Plamiing Services Division, shall be installed. Land~caping, including climbing vines to deter gra£fiti, shall be provided around the trash enclosure. Tlie trash enclosure and landscaping shall be maintained as shown on Che approved plan. 2 Tl~e non-conforming round, roof-mounted sign shall be Pla~uting renioved as indicated by tl~e applicant and wall-~nounted signs on tlie front elevation and west elevation shall be replaced with signs in conformance with Code req~~irements. 3 Plans and details for wrought iron fencing and gate Planning improvements between the rear fence and building a~id adjacenC Co parking space No. 18 shall be providad to the Flanning Services Division for review and approva] and installed pursua~it to tlie approved plan. 4 A plan for solid waste storage, colleckion and a plan for Public Worlcs recycling shall be submitted Yo the Public Works Department, Streets and Sanitation Division, for review and approvaL ° 5 An onsite trasll truck turnaround shall Ue provided per Public Worlcs Engineering Standard Detail No. 610. Said information shall Ue specifically sllown on plans submitted to the Public Worlcs Department for review and approval. 6 Four-foot high address numbers shall be displayed on the Police roof in a contrasting color to the roof maYerial. The mm~bers shall notbe visible from the view oftlle streeY or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Comnlunity Services Division approval. 7 The applicanY shall complete a Burglary/Robbery Alami Police PenniY appGcatio~i, Fom1 APD 516, and retmn it to the ~ Police Department prior Co initial alarm activation. -5- PC2008-72 Responsible f'or No. Conditions of Approval Monitoring 8 Rear entrance doors shall be numbered with YUe same Police address numbers or suite number of the business at a minimum letter height of 4 inclles. 9 The applica~it shall maintain on file an Emergency Listing Police Card, Fonn APD-281, wiCh the Folice Department. 10 All exterior doors shall have adeqtiate security hardware, e.g. Police deadlodc bolts. Overhead roll-up doors shall also be secured on the inside so that the lock cannot be defeated from the outside and shall be secured with a cylinder lock or padloclc front the inside. 11 Adequate lighting of parking lots, associated driveways and Police grounds conYiguous to the building shall be provided wiU~ lighting of a minimum 1 foot candle to provide adequate ~ illumiuation to malce cleazly visible the presence of any persou on or aboLit the premises during the hours of da~-lrness and provide a saFe, secure environment for all persons, property and veliicles onsite. 12 The subject property sl~all be developed and maintained Planning substantially in accordance with plans and specifications submitted to the City oP Anaheim by tl~e petitioner and which plans are on file witl~ Uie Planning DepartmenY marked Exhibit No. 1. GENERAL 13 The uses shall be Iimited to automoUile repair and Planning modification uses as defned by Code in conjLmction with an at~to brokerage office pem~itted by Code. 14 The business shall be subject Yo Code Enfarcemetlt Division Planiiing inspections at a frequeucy oFonce every tluee (3) months for a period of one (1) year to determine compliai~ce witl~ conditions of approva] contained herein and compliance with Yhe Code. The cost of said inspections shall be paid for by the business owner. 15 Extensions for further time to eomplete said condiYions of Plarming approva] n~ay be granted in accordance with Section 18:60.170 of tlie Anaheim M~uiicipal Code. -6- PC2008-72 No. Conditions of Approval Responsible for Monitoring 16 That ti~ning for compliance with eondirions of approval may Plapning be amanded Uy the Planning Director upon a showing of good cause provided (i) equivalent timing is established that sat~isfies tlie original intent and purpose of Che condition(s), (ii) Yhe modification complies with the Anaheim Municipal Code and (iii) Che applicant has deuionstrated significa~lt progress toward establislunent of the use or approved development. 17 Approval of this application constitutes approval of the Planning proposed request only to the extent that it coinplies witl~ tlae Aual~eini Municipal Zoning Code and any otl~er applicable City, State, and Federal regulations. Approva] does not include any aetion or findings as to conipliance or approval of Che reqtiest regarding any oYher applicable ordiiaance, regulation or requirement. -7- PC2008-72