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Resolution-PC 2010-014RESOLUTION NO. PC2010 -014 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05478 (DEV2010 -0001 2) (3000 EAST LA PALMA AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 05478, to permit an automotive repair 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. WHEREAS, this property is developed with an industrial complex located in the Specific Plan No. 94 -1, Development Area 1 (SP94 -1, DA1) Zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 15, 2010, at 3:30 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 Planning 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The request to permit an automotive repair facility within the Specific Plan No. 94 -1, Development Area 1 (SP94 -1, DA1) Zone is properly one for which a conditional use permit is authorized under Code Section 18.120.050.050.0505 (Land Use and Development Standards Industrial Area (Development Area 1) of the Anaheim Municipal Code. 2. The automotive repair facility will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the site can accommodate the proposed use and there are other similar land uses in the vicinity. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because this use will be conducted entirely within the building. 1 PC2010 -014 4. The traffic generated by the automotive repair facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because this activity is consistent with industrial activity anticipated for this area. 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is consistent with commercial uses in the area and activities in the center. WHEREAS, 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. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05478 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 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 this conditional use permit is approved without limitations on the duration of the use. 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 delays in the issuance of required permits or the revocation of the approval of this application. meeting of March 15, 2010. THE FOREGOING RESOLUTIfb was adopted at the Planning Commission I CHAIRMAN, ANXHEIM f'Y PLANNING COMMISSION i Il 2 PC2010 -014 A'1'1'EST: SENIOR SE RETARY, ANAHEIM CITY PLANNING 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 PIanning Commission held on March 15, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 15` day of March, 2010. SENIOR S1 .CktTARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -014 A PN: 344- 421 -101 0 0 S vr.c 100 EXHIBIT "A DEV2010 -00012 4 Source Recorded Tract Maps and/or CEty G IS Please note the accuracy is two to five feet 10022 PC2010 -014 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05478 (DEV2010- 00012) RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL 1 That no required parking area shall be fenced or otherwise Code Enforcement enclosed for outdoor storage uses. That vehicle repair activities and storage of inoperable cars and Code Enforcement parts shall not be permitted outside of the building. 2 That the property shall be permanently maintained in an orderly Code Enforcement 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. 3 That an Emergency Listing Card, Form APD -281 shall be filed Police Department with the Police Department, available at the Police Department front counter. 4 The property shall 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 (Site Plan/Floor Plan) and as conditioned herein. Planning 5 PC2010 -014