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Resolution-PC 2008-38 RESOLUTION NO. PC2008-38 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 (EXISTING FACILITIES) AND APPROVING CONDITIONAL USE PERMIT N0.2008-05296 (1523 WEST KATELLA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for a proposed tattoo and piercing shop on 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, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 17, 2008, 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 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 the proposed tattoo and piercing shop is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Personal Services - Restricted); and 2. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the operation would be contained within the building and other existing tattoo and piercing shops have not adversely affected surrounding areas; and 3. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site; and 4. That granting this 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 5. That one person indicated their presence at said public hearing in opposition; and that one letter was received in opposition to the subject petition. WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve subject Petition for Conditional Use Permit, upon the following conditions which are - 1 - PC2008-38 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: Responsible COA for Conditions of Approval Monitoring GENERA ;'tom r ~ -`'~" '~..,~`~k`?~~~ `x'.~~"i~-r~"~~ ; r ~: ; r ~g~ COA 1 That subject property shall be developed substantially in accordance Planning 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. 4 and as conditioned herein. COA 2 All tattoo and piercing technicians, shall each obtain and retain separate Code City of Anaheim Business Licenses. Said licenses shall be visibly Enforcement displayed at all times. COA 3 That approval of this application constitutes approval of the proposed N/A 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. 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 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 March 17, 2008. 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 maybe replaced by a City Council Resolution in the event of an appeal. - 2 - PC2008-38 • CHAIRMAN PRO~T'E1~ORE,~IVAHEII~I PL~FNflVG COMMISSION ATTEST: /'~'L~..ls.~..~. ~ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 March 17, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAI~I, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 28~' day of March, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-38 .. _ ~. I ~~ I ( i L L I I I I J ~ ' KIMBERLY LN I O 0 SO 100 f0 C,] Subject Property w w w J ~.. Q m H 2 H rn rn KATELLA AVENUE = l I ~ I ~~ ~- rn Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- five feet. Conditional Use Permit No. 2008-05296 1523 West Katella Avenue W. CERRITOS AVE N p m 3 ~ Q~Q W N O N N -~~~-- W. KATELLAAVE 1 y ~_ ~_ _ NI . ~ ~- ~~____ ,- - ~, 10497 TRENTON DR KIMBERLY AVE