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Resolution-PC 2015-061RESOLUTION NO. PC2015-061 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05812 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00066) (1775 EAST LINCOLN AVENUE, SUITE 201 AND 203) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05812 to permit two Automotive - Sales Agency Offices within an existing multi -tenant office complex (collectively referred to herein as the "Proposed Project") for premises located at 1775 E. Lincoln Avenue, Suites 201 and 203, in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 0.52 -acre in size and is currently developed with a two-story office building. The Anaheim General Plan designates the Property for Mixed Use land uses. The Property is located in the Low Intensity Office (O -L) Zone and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) and Section 18.38.065 (Automotive — Sales Agency Office) of the Zoning Code (the "Code"); WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 9, 2015, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05812 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - I - PC2015-061 WHEREAS, the 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 Conditional Use Permit No. 2015-05812, does find and determine the following: 1. The request for a conditional use permit to permit two "Automotive -Sales Agency Offices" within an existing multi -tenant office complex in the "O -L" Low Intensity Office Zone is an allowable primary use authorized by Subsection .010 of Section 18.08.030 (Uses) of the Code subject to a conditional use permit and the zoning and development standards of Section 18.38.065 (Automotive — Sales Agency Office) of the Code. 2. The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with an office building and there are a sufficient amount of spaces in the parking lot to accommodate the parking demand for both businesses. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. 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 the number of vehicles entering and exiting the site is consistent with typical office uses that would be permitted as a matter of right within the "O -L" zone. 5. The granting of Conditional Use Permit No. 2015-05812 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05812, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2015-05812 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 Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 2 - PC2015-061 BE IT FURTHER RESOLVED that any amendment, modification or revocation 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 Code. BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ACT CHAIRMAN, YIrNNNING COMMISSION OE -IM CITY OF ANAHEVM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015-061 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on September 9, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CALDWELL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 9`" day of September, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-061 14 DEV NO. 2015-00066 1 APN: 035-281-46 z 7- 0 v z o� N 116 J c0 J Lo Z � rm © 11� E C'EN��R 5V E LINCOLN AVE E FRONTAGE RD w G of O O O LL x U v w w Ln ra cn G SD 100 © 50 Source: Recorded Tract Maps and/or City GIS. Fee[ Please note the accuracy is +/- two to five feet. - 5 - PC2015-061 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05812 (DEV2015-00066) - 6 - PC2015-061 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1' A maximum of four (4) automobiles shall be permitted to be Planning & Building displayed for sale in the parking lot adjacent to the auto dealership Department, business, and in the location as shown on approved exhibits. All Code Enforcement other parking spaces on-site shall remain open and available for parking of customer and employee vehicles. Division 2. Signs, banners, balloons or other advertising devices shall only be Planning & Building permitted to the extent allowed by the Zoning Code. Department, Code Enforcement Division 3. Automobiles shall not be stored, sold, or displayed on the adjacent Planning & Building public streets. Department, Code Enforcement Division 4. Any graffiti painted or marked upon the premises or on any adjacent Planning & Building area under the control of the business owner shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement Division 5. Adequate lighting of parking lots, recesses, and grounds Police Department, contiguous to buildings shall be provided with lighting of sufficient Planning & Research wattage to provide adequate illumination to make clearly visible the Unit presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. 6. The washing, repair and maintenance of vehicles shall be prohibited Planning & Building on-site. Department, Code Enforcement Division 7. That ongoing during project operations, vehicle deliveries including Department of Public loading and unloading shall be performed on site. Delivery vehicles Works, shall not block any part of the public right of way. Traffic Engineering Division - 6 - PC2015-061 - 7 - PC2015-061 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL CONDITIONS OF APPROVAL 8. The Applicant shall defend, indemnify, and hold harmless the City Planning & Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any Planning Services and all claims, actions or proceedings brought against Indemnitees Division to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 9. The applicant is responsible for paying all charges related to the Planning & Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all Planning Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 10. The subject Property shall be developed substantially accordance Planning &Building with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division - 7 - PC2015-061