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Resolution-PC 2007-86I_. ~ ~ RESOLUTION NO. PC2007-86 A RESOLUTION OF THE ANAHElM Pl.ANNlNG COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0: 2007-05225 BE GRANTED , _ (760 NORTH ANAHEIM BOULEVARD) 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: REAL PROPERTY IN THE CITY OF ANAHEIM, COUNTI~' OF ORANGE, STATE OF CALIFORNIA, DESCRIBEDASfOLLOWS: LOTS 1 AND 2 IN BLOCK A OF TRACT N0. 158, AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGE 8, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE WESTERLY 5.25 FEET THEREOF AS CONVEYED TO THE CITY OF ANAHEIM, FOR WIDENING NORTH LOS ANGELES STREET, BY DEED RECORDED DECEMBER 2, 1937, IN BOOK 919, PAGE 207, OFFICIAL RECORDS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 23, 2007, at 2:30 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 #o 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 this request to permit an automotive repair facility in an existing commercial building is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402 (Automotive - Repair & Modification). 2. That the 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 as the site can accommodate the use proposed and there are other similar land uses in the vicinity. 3. That the traffic generated from the auto repair will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 4. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CAUFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff 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 dacumentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition 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 health and safety of the Citizens of the City of Anaheim: Cr\PC2007-86 -1- : PC2007-86 - , ~ ~ Prior to issuance of a buildinn permit or within a period of one (11 vear from #he date of this resolution,~whichever occurs first, the foll^w~q conditions shall be complied with:_ 1. That final sign plans shall be submitted to the Planning Services Division for review and approval. Any decision by the Planning Division may be appealed to the Planning Commission as a Reports and Recommendations item. That within ninetv (90) davs the followina conditions shall be complied with: 2. That subject property shail 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 No. 1, and as conditioned herein. 3. That rooftop address numbers for the police helicopter shall be painted on the roof with a minimum size of 4 feet in height and 2 feet in width. The lines of the numbers are to be a minimum of 6 inches thick and'the numbers should be spaces 12 =18 inches apart, painted in a contrasting color to the roof , materiaL 4. That an`Emerger~cy Listing Card, Form APD-281 shall be filed with the Police Department, available at the Police Department front counter. General Conditions: 5. That 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 twenty-four (24) hours from the time of discovery. 6. That the hours of operation shall be limited from 8 a.m. to 6 p.m. seven days a week. 7. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 8. That vehicte repair activities and storage of inoperable cars and parts shall not be permitted outside of the building. 9. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to he review and approval.of the City Traffic and Transportation Manager prior to the issuance of a building permit. 10. That timing for compliance with conditions of approval may be amended by the Ptanning 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. 11. That extensions for further time to complete conditions of approval maybe granted in accordance with Section 18.60.170 of the Anaheim MunicipaL 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. -2- PC2007-86 ~ • _ ~ 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 fina( 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 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 #his project, whichever occurs ~rst. 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 adopted at the Planning Commission meeting of July 23, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18:60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeaL ~ ~ ~ CHAIRM N, A HEIM PLAN G COMMISSION ATTES7: /T ' SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF 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 July 23, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES, ROMERO, VELASQUEZ N WITNESS WHEREOF, I have hereunto set my hand this ~ day of v , 2007. ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3-