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Resolution-PC 2010-072RESOLUTION NO. PC2010-072 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05512 AND VARIANCE NO. 2010-04824 (DEV2010-00112) (1072 NORTH ARMANDO STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010-05512, to establish an automotive repair facility in an existing industrial building with less parking than required by Code, pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code 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 currently developed with a 14,800 square foot industrial building, located in the Northeast Area Specific Plan No. 94-1, Development Area 1 — Industrial (SP94-1, DA 1) zone, and the Anaheim General Plan designates this property for Industrial land uses; and W1-1EREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 30, 2010, at 5:00 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 "Procedures", 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 its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The proposed automotive repair facility is properly one for which a conditional use permit is authorized under Code Section No. 18.120.070.050.0504 (Automotive Vehicle Repair). 2. The proposed 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 facility will be compatible with other industrial uses in the vicinity; 3. The size and shape of the site proposed for the automotive repair facility is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4. The traffic generated by the proposed automotive repair facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. - 1 PC2010-072 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the 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 variance, does find and determine the following facts: 1. The applicant requests a variance from the following Code Section to provide less parking than required by Code: (a) SECTION NO. 18.42.040.010 (Table 42-A) Minimum number of parking spaces (35 spaces required; 32 spaces proposed) 2. The above-mentioned variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of the use. The parking justification letter submitted by the applicant indicates that the business would provide repair services for specialized vehicles and that the volume is significantly lower as compared to a more "mainstream" lube and tune or auto dealership facility. 3. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity because the proposed parking would be adequate to accommodate the parking demand for both businesses on the property. 4. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site and will not encroach into other surrounding properties. 5. The variance will not increase traffic congestion within the off-street parking areas provided for the proposed use as indicated in the parking justification letter because the supply of parking spaces is adequate for the proposed uses and there is adequate egress and ingress to the site. 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, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2010-05512 to permit an automotive repair facility on property located at 1072 North Armando Street, and Variance No. 2010-04824 to permit fewer parking spaces than required by code. 2 PC2010-072 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010-05512 and Variance No. 2010-04824 subject to the conditions of approval described in Exhibit "8" 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 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. 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 the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 30, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the eve f an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SE RETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010-072 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 August 30, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 3Qh1 clay of August, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4 PC2010-072 EXHIBIT "A" DE V2010 -00112 APN: 344 -421 -09 mioumoioioioimmm ¢�wiommwuouuuuiuumuNUwmummmmuou Feet z z 0 tin Source:: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/ two to five feet. 11001 5 PC2010 -072 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 2 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department 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. Planning, Public Works 3 Automotive repairs, modifications, body work, painting or other automotive-related activities shall be limited to the designated repair area inside the building and shall not occur outside the building, nor within any required parking space areas on the property. Code Enforcement 4 Vehicle parts or materials shall be stored inside the buildings Code Enforcement only. 5 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 two business days from the time of discovery. Code Enforcement 6 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Site and Floor Plan), and as conditioned herein. Planning EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05512 AND VARIANCE NO. 2010-04824 (DEV2010-00112) 6 PC2010-072