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Resolution-PC 2010-027RESOLUTION NO. PC2010 -027 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 -05487 (DEV2010- 00034) (895 SOUTH EAST STREET) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2010 -05487, to permit an automotive smog 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 a commercial center 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 April 26, 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 smog facility within the Industrial (I) Zone is properly one for which a conditional use permit is authorized under Code Section 18.10.030.040.0402 (Uses Conditionally Permitted) of the Anaheim Municipal Code. 2. The automotive smog 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 entirely within the building. 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 -027 4, The traffic generated by the automotive smog 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 activity anticipated for this area. 5. That the existing number of on -site parking spaces is determined to be adequate for the proposed automotive smog facility and existing commercial and industrial uses. Code requires 4_4 parking spaces, 30 parking spaces currently exist and 28 parking spaces will exist upon installation of this smog facility. The automotive smog facility will only service one vehicle at a time with no more than 10 vehicles per workday. Further, the automotive use reduces the overall required parking by two spaces. Therefore, the proposed number of parking spaces is adequate for the existing uses in the commercial center and the proposed automotive smog facility. 6. 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 activities and uses in the area. 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 -05487 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 permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. 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. 2 PC2010 -027 BE 1T 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 April 26, 2010. ATTEST: THE FOREGOING RESOLUTION was adopted at the Planning Commission SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM i/ CHAIRMAN, ANAL IIV` CITY PLANNING C'"OMMISSION I. Eleanor Morris, 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 April 26, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, BUFFA, FAESSEL, KARAKI, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of April, 2010. SECRETARY, ANAHEIM CITY PLANNING COMMISSION 3 PC2010 -027 AP N 037 -262 -06 4T) EXHIBIT "A" DEV2010- 00031 4 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 10946 PC2010 -027 NO. CONDITIONS OF APPROVAL GENERAL 1 This use shall be limited to an automotive smog testing facility and shall not include general automotive repair. 2 3 4 No required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 5 6 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2010-05487 (DEV2010- 00034) This use shall not utilize any types of tools, including hydraulic wrenches and diagnostic tools that exceed a decibel level of 60 dBA as measured at any property line. Vehicle smog testing activities and storage of inoperable cars and parts shall not be permitted outside of the building. 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. An Emergency Listing Card, Form APD -281 shall be filed with the Police Department, available at the Police Department front counter. 7 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) and Exhibit No. 2 (Floor Plan) and as conditioned herein. 5 RESPONSIBLE FOR MONITORING Code Enforcement Code Enforcement Code Enforcement Code Enforcement Code Enforcement Police Department Planning PC2010 -027