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Resolution-PC 2010-043RESOLUTION NO. PC20I0 -043 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 -05496 (DEV2010- 00058) (301 SOUTH EUCLID STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010- 05496, to expand an existing smog test 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 1,502 square foot smog test facility and is located in the C -G (General Commercial) zone. The General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 7, 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 repair facility within the C -G (General Commercial) zone is properly one for which a conditional use permit is authorized under Code Section 18.08.030.010 (Automotive Repair) of the Anaheim Municipal Code. 2. The automotive repair 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 and the use is compatible with other commercial businesses in the vicinity. 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. Moreover, the proposed auto repair facility requires 12 parking spaces based on the square footage of the building and 16 parking spaces exist on the site. Therefore, the 3,327 square foot smog test facility will be in compliance with parking code requirements. 1 PC2010 -043 4. The traffic generated by the automotive repair 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 general commercial activity at the intersection of two arterial highways. 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 other commercial uses and activities 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 Anaheirn City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05496 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 or hours of operation for 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. PC2010 -043 meeting of June 7, 2010. ATTEST: THE FOREGOING RESOLUTION COs adopted at the Planning Commission r r SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, AV\TAI -TEIM CITY PLANNING COMMISSION J 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 June 7, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, AMENT IN WITNESS WHEREOF, I have hereunto set my hand this 7` day of June, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -043 0 AP N 128- 091 -351 W BROADWAY 30' 0 EXHIBIT "A" DEV2010 -00058 135' 120' t Source: Recorded Tract Maps andlor City GIS. Please note the accuracy is +1- two to five feet. 10961 4 PC2010 -043 NO. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 2 3 5 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05496 (DEV201O- 00058) CONDITIONS OF APPROVAL The owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 691 (to permit a service station) and 2575 (to permit a service station and convenience market) to the Planning Services Division. The property owner shall irrevocably offer to dedicate to the City of Anaheim an easement 60 feet in width from the construction centerline of Euclid Street for street widening purposes. The legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 4 The applicant shall pay the City of Anaheim to provide a new City standard bus bench on Euclid Street. This new bus bench will be installed by the City at the existing bus stop on Euclid Street. No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. 6 Vehicle repair activities and storage of inoperable cars and parts shall not be permitted outside of the building. SIGNED REVIEW BY OFF BY_ Planning Public Works Public Works Public Works GENERAL CONDITIONS Code Enforcement Code Enforcement 5 PC2010 -043 NO. 7 8 CONDITIONS OF APPROVAL The property shall be permanently maintained in an Code orderly fashion through the provision of regular Enforcement landscaping maintenance, removal of trash or debris, and removal of graffiti within two (2) business days from the time of discovery. The location of a trash enclosure shall be provided 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 information shall be specifically shown on the plans submitted for building permits. 9 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 Nos. 1 (Site Plan), 2 (Floor Plan), and 3 -4 (Elevations), and as conditioned herein. SIGNED REVIEW BY OFF BY Public Works Planning 6 PC2010 -043