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Resolution-PC 2010-009RESOLUTION NO. PC2010 -009 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 3 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05477 (DEV20I0- 00011) (464 SOUTH ANAHEIM HILLS ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010- 05477, to permit an attended donation 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. WHEREAS, this property is developed with a commercial center located in the General Commercial (C -G) (SC) Scenic Corridor Overlay zone and the Anaheim General Plan designates the property for commercial- neighborhood center land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 1, 2010, at 3:30 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 due 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 request to permit an attended donation facility in the General Commercial (C -G) (SC) Scenic Corridor Overlay zone is properly one for which a conditional use permit is authorized under Code Section 18.66.040.030.0301 (Unlisted Uses) of the Anaheim Municipal Code. 2. The attended donation 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 donation center is separated from adjoining residential land uses by a 300 foot distance and large greenbelt buffer, operates during daylight hours and is consistent and compatible with existing commercial center activities. In addition, the area around the donation facility will be continually monitored and maintained in order to avoid an accumulation of debris. 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 because this use will be located in a large, open alcove area behind an existing commercial center and will not interfere with on -site parking an circulation. 1 PC2010 -009 4. The traffic generated by the attended donation facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because this activity is consistent with commercial center activity anticipated for this center. 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 because the use is consistent with commercial uses in the area and activities in the center. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, 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. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05477 subject to the conditions of approval described 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 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 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. 2 PC2010 -009 THE FOREGOING RESOLUTION was adopted at the PIanning Commission meeting of March 1, 2010. A'1 "1PST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, AHEIM CrY 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 1, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 1 day of March, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -009 AP NS 356 181 -19 356 -181 -06 356 181 -18 356 181 -08 356 181 -07 EXHIBIT "A'r DEV2010 -00011 4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10910 PC2010 -009 NO. CONDITIONS OF APPROVAL GENERAL 1 Daily hours of operation shall be limited from 7:30 a.m. to 7:00 p.m., including site clean -up and trailer drop off /pick -up. 2 3 4 No temporary or portable signs directed towards traffic on the adjacent public rights of way shall be placed on the property. 5 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05477 (DEV2010- 00011) The site surrounding the donation center shall be kept in a clean and orderly condition at all times. All donated goods shall be placed inside the trailer immediately following the public drop off and maintained inside the trailer at all times. Removal of all debris or items associated with this use shall occur within 24 hours. A sign shall placed on the trailer in a prominent location denoting the hours of operation and stating that donated goods may be dropped off only when an attendant is present. The sign shall also provide a contact telephone number to a responsible party. 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 No. 1 (Site Plan) and as conditioned herein. 5 RESPONSIBLE FOR MONITORING Code Enforcement Code Enforcement Code Enforcement Code Enforcement Planning PC2010 -009