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Resolution-PC 2016-090RESOLUTION NO. PC2016-090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 447A AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00046) (300 SOUTH EAST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Variance No. 447A to amend a variance to allow the existing fuel tanks and dispensers to be demolished and removed and to retain an automotive repair facility as the primary land use (the "Proposed Project") on certain real property located at 300 South East Street 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 0.29 acres in size and is currently developed as a gasoline service station and accessory automotive repair facility, which is a legal, non -conforming use. The Anaheim General Plan designates the Property for Low Medium Density Residential land uses. The Property is located in the "RM -3" Multiple -Family Residential Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on December 20, 1955, the Anaheim City Council adopted Resolution No. 3043 granting Variance No. 447 to construct a gasoline service station at the Property; and WHEREAS, on October 13, 1997, the Planning Commission initiated a public hearing to consider modification or revocation of Variance No. 447 following the issuance of several Code Enforcement Notices of Violation and the receipt of complaints regarding operations at the Property. Following a public hearing held on March 16, 1998, the Planning Commission, by adoption of its Resolution No. PC98-32, amended, in its entirety, the conditions of approval of the above mentioned Resolution No. 3043 including the imposition of a time limitation upon the use of the Property as a gasoline service station with accessory automotive repair for a period of three (3) years to expire on March 16, 2001; and WHEREAS, on February 12, 2001, the Planning Commission, by adoption of its Resolution No. PC2001-22, reinstated Variance No. 447 to retain the gasoline service station with accessory automotive repair for a period of three (3) years, including the amendment of conditions of approval in Resolution No. 3043, as amended by Resolution PC98-32; and WHEREAS, on January 12, 2004, the Planning Commission, by adoption of its Resolution No. PC2004-4, reinstated Variance No. 447 to retain the gasoline service station with accessory automotive repair for a period of five (5) years, to expire on March 16, 2009, including the further amendment of the conditions of approval in Resolution No. 3043, as amended by Resolutions Nos. PC98-32 and PC2001-22; and - 1 - PC2016-090 WHEREAS, on March 16, 2009, the Planning Commission, by the adoption of its Resolution No. PC2009-31, reinstated Variance No. 447 to retain a previously -approved gasoline service station and accessory automobile repair facility and deleted the condition of approval pertaining to a time limitation on the use of the Property for such use; and WHEREAS, by the adoption of Ordinance No. 6382 on October 18, 2016, the City Council of the City of Anaheim amended Title 18 (Zoning) of the Code to permit a previously - approved Use Variance, such as Variance No. 447, to be amended provided that the Planning Commission is able to find and determine upon the basis of evidence presented that all of the conditions set forth in subsections .020 through .050, inclusive, of Section 18.66.060 (Findings) of Chapter 18.66 (Conditional Use Permits) of Title 18 (Zoning) of the Code exist. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 2016 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 Variance No. 447A, 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 (Title 14 of the California Code of Regulations; 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, 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, 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 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 Proposed project and, specifically, with respect to the request for Variance No. 447A, does find and determine the following: 1. The proposed variance to permit "Automotive — Repair & Modification" as the primary use with the demolition and removal of existing fuel tanks and dispensers, and as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. While the legal non -conforming use will continue, a portion of its former use as a service station offering gasoline sales to members of the general public will be eliminated. 2. The size and shape of the site for the use is adequate to allow the full development of the "Automotive — Repair & Modification" use in a manner not detrimental to the particular area or to the health and safety because the facility is located within an existing - 2 - PC2016-090 commercial property that provides a sufficient number of on-site parking spaces; and vehicle circulation will be in accordance with the plans and materials submitted. 3. The traffic generated by the use will 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 by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking and circulation will be provided to accommodate the use. In fact, as a result of the elimination of the ability to sell gas will ensure that traffic to and from the Property will not increase in the future should the owner of the business elect to reinstitute gas sales. 4. The granting of the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. While the use is a legal nonconforming use, it has existed since 1955 and will continue, under the conditions imposed, to operate in an environmentally cleaner condition and with a reduction in the number of vehicular trips to and from the Property. WHEREAS, this 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. This 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, pursuant to the above findings, this Planning Commission does hereby approve Variance No. 447A, 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 that portion of the Property for which Variance No. 447A is applicable 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. 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. - 3 - PC2016-090 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 November 14, 2016. Said resolution shall be and become effective as of and on November 17, 2016 and 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. CHAIRPERSON PRO -TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: - , "� //- I zn: 0 - �* SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 November 14, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, DALATI, HENNINGER, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CALDWELL, CARBAJAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of November, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-090 fes, APN: 037-181-23 O PK ST E z fl r� v+ E �NtiS'SNU�� E gR0 ApV� A EXHIBIT "A" DEV NO. 2016-00046 ro. :01.1. !01 �E, a, a V, 125 0 0 50 100 Feet 0 �Ro p pW AV E.EtiMS� 5 PNI A PN P S� Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2016-090 EXHIBIT "B" VARIANCE NO. 447A (DEV2016-00046) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Vehicles parked outside shall only be parked in designated parking Planning and Building spaces and shall be fully operational; and, no outdoor work of any Department kind (including any operation where only part of the car is located Code Enforcement inside the building, except for smog checks) shall be conducted on Division the property. 2 Landscaping consisting of trees, shrubs, groundcover and Planning and Building flowering plants shall be maintained in the landscape planters. Department Clinging vines shall be installed and maintained adjacent to all Code Enforcement perimeter masonry walls and trash enclosure walls visible to the Division public rights-of-way. 3 No canopies, awnings, or similar types of overhead shade Planning and Building coverings for the purpose of providing an area for outdoor work or Department any other outdoor activity associated with this business shall be Code Enforcement permitted anywhere on the property. Division 4 Trash storage areas shall be provided and maintained in a location Public Works Public Works acceptable to the Public Works Department and in Department accordance with approved plans on file with said Department. Operations Division Such information shall be specifically shown on the plans submitted for building permits. The approved plan sheet for solid waste storage and collection and Public Works a plan for recycling shall be adhered to as approved by the Streets and Sanitation Division of the Public Works Department.Trash may only be stored in designated trash enclosures, except on pick-up days. 5 All vehicles awaiting service shall be parked on-site; no adjacent Planning and Building or nearby public streets shall be utilized for any parking related to Department this business. Code Enforcement Division 6 The hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Planning and Building daily. Department Code Enforcement Division - 6 - PC2016-090 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 7 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from Planning Services any and all claims, actions or proceedings brought against Division Indemnitees 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. 8 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 9 The business premises shall be developed substantially in Planning and Building accordance with plans and specifications submitted to the City of Department, Anaheim by the petitioner, which plans are on file with the Planning Services Planning Department, and as conditioned herein. Division 10 The business shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to the Department, business operation, as described in that document, shall be subject Planning Services to review and approval by the Planning Director to determine Division substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 11 No above ground propane tanks shall be permitted. Planning and Building Department Code Enforcement Division 12 Within 180 days of the date of this resolution, the underground Planning and Building storage tanks and the fuel dispensers shall be demolished and Department, removed in compliance with State, Federal and local laws Building Division governing such work. - 7 - PC2016-090