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Resolution-PC 2011-023RESOLUTION NO. PC2011 -023 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIA'1'E ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3545 (DEV2010- 00192) (1440 SOUTH ANAHEIM BOULEVARD) WHEREAS, on September 21, 1992 the Anaheim Planning Commission (hereinafter referred to as "Planning Commission "), by its Resolution No. PC92 -113 did approve Conditional Use Permit No. 3545 for a period of one year, to expire on September 21, 1993, to permit the outdoor installation of auto alarms and stereos and a batting cage facility with waiver of permitted outdoor uses in conjunction with the Anaheim Indoor Marketplace, and; WHEREAS, on December 1, 1993 the Planning Commission, by its Resolution No. PC93- 129 did approve a reinstatement of the conditional use permit for a period of one year, to expire on September 21, 1994, and; WHEREAS, on October 3, 1994 the Planning Commission, by its Resolution No. PC94- 132 did approve a reinstatement of the conditional use permit for a period of one year, to expire on September 21, 1995, and add window tinting and tire rim installation to the facility, and; WHEREAS, on August 7, 1995 the Planning Commission, by its Resolution No. PC95 -94 did approve a reinstatement of the conditional use permit for a period of three years, to expire on September 21, 1998, and; WHEREAS, on September 14, 1998 the Planning Commission, by its Resolution No. PC98 -146 did approve a reinstatement of the conditional use permit for a period of four years, to expire on April 22, 2001, and; WHEREAS, on August 7, 1995 the Planning Commission, by its Resolution No. PC95 -94 did approve a reinstatement of the conditional use permit for a period of three years, to expire on September 21, 1998, and; WHEREAS, on January 17, 2001 the Planning Commission, by its Resolution No. PC2001 -8 did approve a reinstatement of the conditional use permit for a period of nine years, to expire on August 29, 2010, and; WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 3545, to modify or delete a condition of approval pertaining to a time limitation to retain a previously- approved an outdoor automobile window tinting, alarm, tire and rim, and stereo installation 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; 1 - PC2011 -023 WHEREAS, the property is developed with a 133,200 square foot commercial building located in the General Commercial (C -G) zone and the Anaheim 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 March 28, 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 "Procedures ", to hear and consider evidence for and against said proposed amendment 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 facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare as there have not been any code violations on this use. 4. With regard to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5. The existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. The use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located as the auto facility has been operating in conformance with conditions of approval and further there have been no code violations on the use. 7. The size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the auto facility has been operating in conformance with all conditions of approval and there have been no code violations on the use. 8. The traffic generated by the auto facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the auto facility has been operating in conformance with conditions of approval and there have been no code violations on the use. 9. The granting of the reinstatement of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. - 2 - PC2011 -023 THEREFORE, BE IT RESOLVED, 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve an amendment to Conditional Use Permit No. 3545 to delete a condition of approval pertaining to a time limitation to retain a previously- approved automobile window tinting, alarm, tire and rim, and stereo installation facility as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC92 -113, adopted in connection with Conditional Use Permit No. 3545, to delete the time limitation as shown in Exhibit `B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. 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 Petniits) 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. 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 March 28, 2011. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertai ing`to appea •cedures and may be replaced by a City Council Resolution in the event of an . peal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2011 -023 ATTEST: ETARY ANAHEIM CITY PLANNING SE LANNING COMMISSION 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 March 28, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of March, 2011. J _ SENIOR S RETARY, ANAHEIM IT CY P PANNING COMMISSION 4 - PC2011 -023 I AP N: 082 - 130 -16 0 O Sri 10(1 u�,w_�druw Fe r 23489' E PALAIS RD ti CO EXHIBIT "A" DEV2010 -00192 1,164' 729:94' E CERRITOS AVE CV CU Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. 11076 EXHIBIT - 5 - PC2011 -023 NO. GENERAL AMENDMENT TO CONDITIONAL USE PERMIT NO. 3545 (DEV2010- 00192) CONDITIONS OF APPROVAL 1 The outdoor uses shall be limited to installation of auto alarms, stereos, window tinting, tire rims, auto accessories, upholstery and auto detailing The mechanical repair of vehicles or paint and /or body work shall not be permitted. 2 The outdoor installation activities shall be screened from view of the public right -of -way at all times. 3 There shall be no outdoor storage of tools and/or equipment related to the outdoor installation operations, unless specifically approved by the Planning Department. 4 No inoperable vehicles or parts shall be stored on the premises outside of the building. 5 The outdoor storage of tires shall be prohibited and all used tires shall be disposed of properly. 6 The existing screen fence to the west of the outdoor uses shall be permanently maintained with interwoven PVC slats and/or scrim on the back side of the fence at all times to screen the existing work area from public view. 7 The subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and labeled as Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan) as approved by the Planning Commission on September 21, 1992, and as conditioned herein. REVIEW BY Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Planning SIGNED OFF BY - 6 - PC2011 -023