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Resolution-PC 2011-002RESOLUTION NO. PC2011 -002 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 319 AND AMENDING RESOLUTION NO. 62R -1103 (950 NORTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit for certain real property in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, on December 26, 1962, the City Council, by its Resolution No. 62R- 1103, granted Conditional Use Permit No. 319 to permit a retail tire service facility; and WHEREAS, the property is currently developed with a tire service facility and is zoned C -G (General Commercial) and the Anaheim General Plan designates the property for Low Medium Density Residential land uses; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on January 19, 2011, 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, to hear and consider evidence for and against said proposed project actions, including an amendment to Conditional Use Permit No. 319, 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. That an amendment to Conditional Use Permit No. 319 to permit the expansion of an existing tire repair facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.010 for this property. 2. That the proposed use 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 existing tire repair facility is compatible with existing and surrounding land uses, and the expansion of this facility will continue to be compatible with the surrounding land uses. 3. That the size and shape of the site proposed 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 health and safety of the citizens of the City of Anaheim. - 1 - PC2011 -002 4. That the approval of the proposed expansion will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That 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. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Uses) 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 Planning Commission does hereby approve Conditional Use Permit No. 319A and that the conditions of approval heretofore imposed on Conditional Use Permit No. 319, as set forth in City Council Resolution No. 62R- 1103 be, and the same hereby amended in their entirety 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. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit is approved without Iimitations 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 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 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. - 2 - PC2011 -002 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 or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was meeting of January 19, 2011. A1'I'EST: SENIOR SE TARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) e Planning Commission CHAIRMAN, ANA - CITY 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 January 19, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of January, 2011. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -002 - 'APN: 035-061-251 Va IF NjE "1 50 1 0 poet DEV2010- 00147 EXHIBIT "A" E LA PALMA AVE 4 J Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11055 ■ PC2011 -002 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 319A (DEV2010- 00147) SIGNED OFF NO. CONDITIONS OF APPROVAL REVIEW BY BY GENERAL 1 All tire repair and storage of any materials shall be Planning conducted entirely within the building. Division 2 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the Division City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 (Site and Floor Plans) as conditioned herein. -5- PC2011 -002