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Resolution-PC 2010-018RESOLUTION NO. PC2010 -018 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -05475 (DEV 2010- 00008) (1755 SOUTH CLAUDINA WAY) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No.2010- 05475, to permit tattoo shop within an existing mixed use industrial complex 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 a mixed use industrial complex located in the Industrial (I) 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 29, 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. That the proposed tattoo shop is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Personal Services Restricted). 2. The operation of a tattoo shop 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 use is will be conducted entirely within an existing building with no outside activities and it is compatible with existing commercial and industrial uses on the site. 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 located within an existing tenant space of an established mixed use industrial complex. 1 PC2010 -018 4. The traffic generated by the tattoo shop will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. A total of 88 parking spaces are provided for the property, including the tattoo shop, and the Code required number of parking spaces for all uses on the site is 72 parking spaces. 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 similar to commercial uses in the area and activities would occur entirely within the existing tenant space. 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 -05475 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. 2 PC2010 -018 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 29, 2010. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM CHAIRMAN, AdAI !1 C. Q TY PLANNING COMMISSION ATTEST: 'IA__ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 Planning Commission held on March 29, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 29 day of March, 2010. SENIOR SECkEtARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -018 AP N: 082 242-09 EXHIBIT "A" DEV NO. 2010 -00008 9 2 E f4ATELLA AVE -v Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet, 10006 4 PC2010 -018 NO. GENERAL 1 2 Business to be equipped with alarm system (silent or audible). 3 5 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05475 (DEV2010 -0008) CONDITIONS OF APPROVAL Each tattoo technician shall obtain and retain separate City of Anaheim Business Licenses. Said licenses shall be visibly displayed at all times. Complete a Burglary /Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: httn:/ /www.anaheim,netlarticle.aso ?id =678. 4 Rear entrance doors shall be numbered in the same address numbers or suite number of the business. Minimum height of 4" recommended. File Emergency Listing Card, Form -281, with the Police Department, available at the Police Department front counter, or it can be downloaded from the following web site: httn:/ /www.anaheim.netlarticle.asn ?id =678. 6 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), Exhibit No. 2 (Floor Plan) and as conditioned herein. 5 RESPONSIBLE FOR MONITORING Code Enforcement Police Police Police Police Planning PC2010 -018