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Resolution-PC 2005-29~ • RESOLUTION NO. PC2005-29 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2004-04953 BE GRANTED '(2910 EAST MIRALOMA AVENUE - UNIT A) :- WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional .' Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as LOT 17 OF THE EUCALYPTUS FOREST TRACT, AS PER MAP RECORDED IN BOOK 5, PAGES 29 AND 30; OF MISCELLANEOUS MAPS, IN THE' OFFICE OF 'THE COUNTY ' RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the ' City of Anaheim on February 23, 2005; at 2:00 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 af said hearing, does find and determine the following facts: 1. That the existing automotive repair facility with accessory retail sales of automotive items is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Na 18.120.050.050.0505. 2. That the existing use does not adversely affect the adjoining land uses or the growth and - development of the area in which it is proposed to be located as it is consistent in nature with the adjacent and surrounding industrial land uses, 3. That the size and shape of the site for the use is adequate to allow its full development and operation in a manner not detrimental to the particular area or to the health and safety as the site has sufficient access and parking to serve the business and other businesses on the property; , 4. That the traffic generated by the use does not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5. That the granting of the conditional use permit under the conditions imposed, does not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ' CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. Cr1PC2005-029 -1- PC2005-29 • • NOW, THEREFORE; BE IT RESOLVED;that the Anaheim Planning Commission does hereby grant subjectPetition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That a.valitl business license shall be obtained from the City of Anaheim, Business License Division. 2. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance; removal of trash or debris; and removal of graffiti within twenty-four;(24) hours from time of occurrence. 3. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it : is removed, damaged, diseased and/or dead. 4. That customerparking spaces shall be striped and'clearly marked for "customer parking only", and at no time shalf customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to thebuildings. 5. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof materiaL The numbers shall not be visible from the_view of the streeYor adjacent properties. Said ' information shall be specifically shown on plans submitted for Police Department, Community Services Division approvaL 6. That the storage or overnight parking of vehicles, vehicle parts; or business-related materials and all work on vehicles shall be confined entirely to the interior of the buildings. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the building. 7. That a covered, double trash enclosure 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. 8. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department for review and approvaL _ 9. That an on-site trash truck turnaround shall be provided per Engineering Standard Detail Na 610. Said information shall be specifically shown on plans submitted to the Public Works Department for review and approvaL ' : 10. That subject property shall be developed and maintained 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, and as conditioned herein. 11. That within sixty (60) days from the date of this resolution, Condition Nos. 4, 5, 7, 8, 9, and 10 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 12. 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 Anaheim 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. -2- PC2005-29 ~ ~ BE 1T FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionarycase application within 7 days of the issuance of the final invoice or prior to the commencement of the activity'authorized by this resolution. Failure to pay all charges shall result in therevocation of the approval of this application. THE FOREGOING'RESOLUTION was adopted at the Planning Commission meeting of February 23, 2005. Said resolution is subjecf 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 event of an appeaL ; ~ GHA ,ANAHEIM PLANNING COMMISSION ATTEST: ,,~~i~~•-~'.--' .~.~~ti~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) - COUNTY-0F ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on February 23, 2005, by the #ollowing vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~C~: , 2005. / ~ ~'''`'° _ _ S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION'