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Resolution-PC 2016-091RESOLUTION NO. PC2016-091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE NO 2016-05079 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00136) (558 SOUTH ROSE STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05851 to permit an "Automotive Repair and Modification" use, and (ii) Variance No. 2016- 05079 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") within an existing multi -tenant industrial complex (the "Proposed Project") on a portion of that certain real property located at 558 South Rose 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 0.56 acres in size and is currently developed as a single -story industrial building. The Anaheim General Plan designates the Property for "R -M" Medium Density Residential land uses. The Property is located in the "I" Industrial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of the Zoning Code; and 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 Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05851 and Variance No. 2016-05079, 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 - 1 - PC2016-091 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 Conditional Use Permit No. 2015-05851, does find and determine the following: 1. The proposed "Automotive Repair and Modification" use is an allowable primary use permitted with a conditional use permit within the "I" Industrial Zone, as authorized under Table 10-A of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Zoning Code. 2. The proposed conditional use permit to permit an "Automotive Repair and Modification" use, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the facility would be located within an existing industrial building that will be adequately screened from public view and is surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the "Automotive Repair and Modification" use in a manner not detrimental to the particular area or to the health and safety because the "Automotive Repair and Modification" use would be located within an existing industrial building that provides a sufficient number of on site parking spaces and vehicle circulation will be in accordance with the plans and materials submitted. 4. The traffic generated by the "Automotive Repair and Modification" use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated 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. 5. The granting of the conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding industrial uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2016-05079 to allow fewer parking spaces than required by the Zoning Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (37 spaces required; 29 spaces proposed) 1. That the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the all uses on the Property than the number of such spaces necessary to accommodate all vehicles attributable to such uses under the normal and reasonably foreseeable conditions of operation of such uses. Through observation by staff, it is determined that the proposed parking will be adequate to serve the needs of the proposed "Automotive Repair and Modification" use. - 2 - PC2016-091 2. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because the proposed number of interior parking spaces is sufficient to accommodate the needs of the business, and the exterior parking along the front of the building is to be reserved for new customers, which, through observation by staff, is determined to be adequate to serve the needs of the proposed automotive repair use; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the proposed number of parking spaces within the building will be sufficient to accommodate the storage of vehicles when work is being performed or when waiting for work to be performed; 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because adequate ingress and egress points are provided at the rear of the Property, and the interior parking spaces will be utilized for vehicles for which work will be performed. No undue burden will be placed upon the roads as they are primarily used by the local businesses and their customers; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the a majority of the vehicles on the Property will be stored with ingress and egress access at the rear of the Property from the alley. Additionally, customer parking is located along the front of the building and will not impede ingress to or egress from adjacent properties; and 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 Conditional Use Permit No. No. 2015-05851 and Variance No. 2016-05079, 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 Conditional Use Permit No. 2015-05851 and Variance No. 2016-05079 are 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 Zoning 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 Zoning Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 3 - PC2016-091 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 Zoning 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 14, 2016. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning 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: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-091 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 - 5 - PC2016-091 EXHIBIT "A" DEV NO. 2015-00136 o- s�c Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2016-091 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05851 AND VARIANCE NO. 2016-05079 (DEV2015-00136) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No outdoor storage or display of vehicles or vehicular parts shall be Planning and Building permitted, and no outdoor auto body/repair work of any kind shall be Department conducted on the property with the exception of the enclosed outdoor area at the rear of the property. Code Enforcement Division 2 Overnight vehicle parking shall be limited to inside the building or Planning and Building within the fenced yard to the rear of the building only. Department Code Enforcement Division 3 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 4 Within 60 days of the date of this approval, the fenced yard to the Planning and Building rear of the building (adjacent to the public alley) and adjacent to Department Water Street shall be screened with a privacy slat material in Code Enforcement accordance with the Zoning Code, subject to review and approval Division by the Planning Director. 5 The applicant shall submit all necessary plans and documentation Planning and Building for the review of the proposed paint spray booth to the Building Department Division within 60 days of this approval. Code Enforcement Division GENERAL CONDITIONS 6 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. - 7 - PC2016-091 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT 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 - 8 - PC2016-091