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Resolution-PC 2008-85RESOLUTION NO. PC2008-$5 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CEQA NEGATNE DECLARATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05326 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2008-66, AS AMENDED, ADOPTED THEREWITH (TRACKING NO. CUP2008-05345) (502 - 524 EAST NLIANNA STREET) WHEREAS, the Anaheim Planning Commission did receive a verified PetiYion for an amendment to Conditional Use Permit No. 2008-05326 to permit an automotive repair and modification use on the property in conjunction with a towing service and impound facility with Yhe wasliing of Yowing vehicles on certain real property situaCed in the City of Anaheim, Coimry of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and. WHEREAS, on June 23, 2008, Resolution No. 2008-66 was adopted by the Planning Commission approving Conditional Use Perniit No. 2008-05326 for a towing service and impotmd facility with Yhe washing of Yowing vehicles with waiver of minimum number of required parking spaces where 68 spaces were required and 37 spaces were approved; and WHEREAS, the applicant has requested an amendment to Yhis conditional use parmiY to pennit auYomoYive repairs aud modifications in conjiinction witli Ylie towing and impound business or as a separate business pursuant to 18.60 of the Anaheim Municipal Code; and WHEREAS, Yhe Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 4, 2008, at 2:30 p.m., notice of said puUlic hearing having been duly given as required by law and in accordance witli the provisions of the Analieim Municipal Code, Cliapter 18.60, to liear and consider evidence for and against said proposed amendn~ent to a conditional use pennit and to investigate and make findings and recanmendatious in connection therewith; and said public hearing was continued to August 18, 2008; 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 tlie following facts: l. Tiiat the proposed requesC to permit automotive repairs and modifications in Cl~e Industrial (I) zone is properly one for which a conditional use permiY is authorized by Anaheim Mtuiicipal Code SecYion 18.10A30.040.0402 (AuYomotive- Repair & Modificatioti). 2. That flie autoniotive repair and modificatioal use, as conditianed, will not adversely affect tlie adjoining land uses and the growth and development of the area in which it is located becaiise the site is surrounding by industrial uses. 1_ PC2008-85 3. That tl~e size and shape of tlie site for the use is adequate to allow auYomotive repair and modifications in a manner not detrimental to eitlier tlle particular area or healtli and safety as the property is fiilly developed and there is sufficient parlcing to provide for tlie uses on tlie properly througl~ tlie combination of parking on the property and inside Building Two. 4. That the traffic generated by the nse of the property will not impose an imdue burden upon tlie streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use permit under the condiYioirs imposed will 3ioY Ue detrimanYal to the healCh and safeCy of the ciYizens of the City of Anaheim. 6. That no one indicated Yl~eir presence at said public hearing in opposition; and Yhat no conespondence was received in opposition to the subject petition. WHEREAS that tlie Anaheim Planning Commission has reviewed flie proposal and does laereby fincl that tUe Negative Declaration previously approved in com~ection with Conditional Use Permit No. 2008-05326 (Traclcing No. CUP2008-05345) is adequate to serve as the required environraental doctimenYation in connection witl~ this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve an amendment to Conditional Use Permit No. 2008-532G suUject to che conditions of approval described in Exliibit `B" attached liereto and incorporated by this reference which are hereby found to be a necessary prerec~uisite to the proposed use of the snbject property in order to preserve the health, safety and general welfare of the Citizens of tlie City of Anaheim. BE IT FURTHER RESOLVED tliis permit is approved withouY limitations on tl~e hours of operation or the dtiration of tlie use. Amendments, modifications and revocations of this pennit may be processed in accordance with Chapters 18.60.190 (Amendment of Pennit Approval) and i8.60.200 (City-Initiated Revocation or Modification ofPennits) of tlle Anaheim Municipal Code. BE IT FURTHER RESOLVED tUat the Analteim Plamiing Commission does hereby find and determii~e tUat adoption of Yhis Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove seY Fortli. Should ar~y such condiYion, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, tl~en tliis Resolution, and any approvals herein contained, shall Ue deemed mtll and vaid. BE IT FURTHER RESOLVED that the applicant is responsible for paying all cl~arges related to the processing of this discretionary case application within 15 days of the issuance of tl~e final invoice. Failure to pay all charges shall result in tlie revocation of Uie approval of this a~plication. -?- PC2008-85 THE FOREGOING RESOLUTION was adopted at tlie Planning Commission meeting of Aeigust 18, 2008. Said resolutioil is subject to the appeal provisions seY forkli in Cltapter 18.60, "Zoning Provisions - General" of the Analleim Municipal Code pertaining to appeal procedures and may be replaced by a CiYy Council Resolution i~l the event of an appeal. ATTEST: v ~.i SENIOR SffLrRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COiTNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify tliat the foregoing resolution was passed and adopYed at a meeting of the Analieim Planning Commission held on August 18, 2008, by the following vote af the members tliereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAICI, RAMII2EZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I l~ave hereunto set my ltand this ~~~day of August, 2008. SENIOR SL~2'RETARY, ANAHEIM PLANNING COMMISSION -3- PC2008-85 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2008-05326 JULIANNA AVE 389' n a }'- v~ Q z m Q ~ 7 u ~ 7 ~ C ~~ ~~ ~~ ~~ Source: Rewrded Treci Meps endlorCity GIS. Pleex nate ~he eccurecy i s+!- tvw to five feel. -4- PC2008-85 LA pALMA AVENUE EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05326 No. Conditions of Approval Responsible for Monitorin PRIOR TO COMD~ENCEMENT OF OPERATION OF THE B USINESS 1 That 4-foot high address numbers shall be displayed on Police CUe roof in a contrastii~g color to the roof material. The numbers sl~all not be visible from tlte view of tl~e street or adjacent properties. 2 That the business owner sliall submit a proposal Publie Worlcs specifically identifyitlg how wash waCer and poll~itants associated witli towing vel~icle ~vaslling are fiilly captured and properly disposed. Said proposal shall Ue submitted to tlle Public Worlis Department for review and approval. ONGDING D URING OPERATION 3 T1~aT parking inside Building Two in conjunction with Plaiming Ylie automotive repair and modification use shall comply wifh City standards incltiding naini~nttm stall dimensions, back-up and drive aisle widths. 4 ThaC vehicle washing slaall be lunited only to towing Planning veliicles and noY Cowed vehicles. 5 Storage of impounded vehicles shall be permitted in Planning Building Three and in the enclosed outdoor storage area as desigi~ated on Revision No. 1 to Exhibit No.l. If the storage of impotmded vehicles is expanded into Buildings One and Two, a revised site and floor plan shall Ue submitted to the DevelopmenY Services Division of the Planning Department for review and approval to ensura adequate circulaCion oi~ the site. Additional parlcing is not required for this vehicle storage expansion provided that there is no expansion ofoffice space. Tlie sYorage of impounded vehicles or any oCher vehicles being stored on the property shall noY occur within any required parlcing space, whether said required parking space is inside or outside a building. 6 Tlaat outdoor storage shall be limited to the area Planning designated on Revision No. 1 to Exhibit No. 1. -5- PC2008-85 7 Tliat ongoitzg during prQjact operation, under no Public Worl<s circumstances shall vehicles be unloaded or loaded on any public right-of-way nor sltall any vehicles be parked or staged oi~ said streeCs. 8 That automotive repairs, modifications, body worlc, Planning painYing or other automotive-related activities shall be liinited to only the service bays and shall not be conducted on any vehicles parked in required parl<ing spaces inside tiie biiildiizg or in designated parlcing areas ~~ on the property. That is any painting is proposed the business owner sllall obtain required pemlits from Anal~eim Fire Deparfinent and AQMD prior operation. 9 That vehicle parts or niaterials shall be stored inside of Plaruiing buildings. 10 Tliat gates sliall not be installed across any driveway in a Planning manner which may adversely affect vehicular traffic in the adjacent public streets. GENERAL CONDITIONS 11 That tl~e property shall be ~permanently mai~tained in an Planning orderly fashion Yluough the provision of regilar landscaping maintenance, removal of trash or debris, and removal of graffiti wiChin twenty-four (24) hours &om fhe time of discovery. 12 Tltat suUject property sliall be developed substantially in Pluming accordance with plans and specifications submitted to the City of Analieim by the petitioner and which plans are oia file with the Planning Deparfinent marked Revision No. 1 to ExliibiY No. 1, and as conditioned herein. 13 That timing for compliance witla conditions of approval Planning may be amended by the Planning Director upon a ~ showing of good cause provided (i) equivalent timing is establislied tl~at satisfies the original intent and purpose of the condition(s), (ii) the modification compiies wit6 tlie Analteim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -6- PC2008-85 14 That approval of tlvs application constitutes approval of Planning - CUe proposed request only to the extent that it complies witli Yhe Anaheim Miuiieipal Zoning Code and any oti~er ~ applicaUle City, State a»d Federal regulations. Approval does not include any aclion or findings as to compliance or approval of the request regarding any other applicable ordinai~ce, regulation or requirement, 15 Tiiat exCensioi~s for fiirther time to complete conditions Planning oP approval may be granted in accordance wiYli Section 18.60.170 of tl~e Anal~eim Mimicipal Code. -7- PC2008-85