Resolution-PC 2010-027RESOLUTION NO. PC2010 -027
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DETERMINATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2010 -05487
(DEV2010- 00034)
(895 SOUTH EAST STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2010 -05487, to permit an automotive smog 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 Industrial (I) Zone and the Anaheim General Plan designates the 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 April 26, 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 automotive smog facility within the Industrial (I) Zone is
properly one for which a conditional use permit is authorized under Code Section
18.10.030.040.0402 (Uses Conditionally Permitted) of the Anaheim Municipal Code.
2. The automotive smog 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 site can
accommodate the proposed use entirely within the building.
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 conducted entirely within the building.
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4, The traffic generated by the automotive smog 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 activity anticipated for this area.
5. That the existing number of on -site parking spaces is determined to be adequate
for the proposed automotive smog facility and existing commercial and industrial uses. Code
requires 4_4 parking spaces, 30 parking spaces currently exist and 28 parking spaces will exist
upon installation of this smog facility. The automotive smog facility will only service one
vehicle at a time with no more than 10 vehicles per workday. Further, the automotive use
reduces the overall required parking by two spaces. Therefore, the proposed number of parking
spaces is adequate for the existing uses in the commercial center and the proposed automotive
smog facility.
6. 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 activities and
uses in the area.
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 does hereby approve Conditional Use Permit No. 2010 -05487 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 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.
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BE 1T 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.
meeting of April 26, 2010.
ATTEST:
THE FOREGOING RESOLUTION was adopted at the Planning Commission
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
i/
CHAIRMAN, ANAL IIV` CITY PLANNING C'"OMMISSION
I. Eleanor Morris, 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 April 26, 2010, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI,
ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of April, 2010.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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AP N 037 -262 -06
4T)
EXHIBIT "A"
DEV2010- 00031
4
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +1- two to five feet.
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PC2010 -027
NO. CONDITIONS OF APPROVAL
GENERAL
1 This use shall be limited to an automotive smog testing facility
and shall not include general automotive repair.
2
3
4 No required parking area shall be fenced or otherwise enclosed
for outdoor storage uses.
5
6
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2010-05487
(DEV2010- 00034)
This use shall not utilize any types of tools, including hydraulic
wrenches and diagnostic tools that exceed a decibel level of 60
dBA as measured at any property line.
Vehicle smog testing activities and storage of inoperable cars
and parts shall not be permitted outside of the building.
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.
An Emergency Listing Card, Form APD -281 shall be filed with
the Police Department, available at the Police Department front
counter.
7 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 Exhibit No. 2
(Floor Plan) and as conditioned herein.
5
RESPONSIBLE
FOR
MONITORING
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Code Enforcement
Police Department
Planning
PC2010 -027