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Resolution-PC 2018-046RESOLUTION NO. PC2018-046 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05974 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00072) (3030 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018- 05974 to permit a car rental agency (Hertz Rental Car) within an existing automotive repair and parts sales business at that certain real property located at 3030 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 1.3 -acres in size, is developed with a 16,117 square foot commercial building that is currently occupied by an automotive repair and parts sales business (Pep Boys). The Property is located within the General Commercial land use designation of the Anaheim General Plan. The Property is also located in the "C -G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 17, 2018 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. 2018-05974 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 consists 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 WHEREAS, this 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. 2018-05974, does find and determine the following: - I - PC2018-046 1) That the proposed use is properly one for which a conditional use permit is authorized by the Code, which allows a car rental agency in the "C -G" General Commercial Zone subject to approval of a conditional use permit pursuant to Section 18.08.030 of the Code; and 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located since operational characteristics of the proposed car rental agency is relatively low -intensity in nature and is compatible with the existing automotive related business currently located on the subject site; and 3) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety in that the proposed use would be located within the existing building without any exterior modification; and 4) That the proposed 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 will be provided to accommodate the use; and 5) That 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 in that the proposed use will be integrated into the existing commercial development and would not pose a health or safety risk to the citizens of the City of Anaheim. 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. 2018-05974 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. 2018-05974 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. - 2 - PC2018-046 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 17, 2018. 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. CHAIRPJERSON, PLANNING OF T -14E CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2018-046 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 17, 2018, by the following vote of the members thereof. AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2018. IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of September, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-046 EXHIBIT "A" DEV NO. 2018-00072 APN: 135-261-19 0 J m u Q w m Z W LINCOLN AVE W LINCOLN AVE 216' �J N N N 216' N Q m Q � u LLJ o a W m N I I Oo sc ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2018-046 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05974 (DEV2018-00072) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT OPERATIONAL CONDITIONS 1 Prior to commencing operation of the car rental business, a valid Planning and Building business license shall be obtained from the City of Anaheim Business Department, License Division. Business License Division 2 No after hours drop-off of rental cars or overnight parking of customer's Planning and Building personal cars shall be allowed on-site. Department, Code Enforcement Division 3 No more than twenty (20) rental cars may be parked on site at any time. Planning and Building Such vehicles shall be parked in the parking spaces located at the rear of Department, the property, along the southern property line. Code Enforcement Division 4 No washing, repair, or maintenance of rental cars shall be conducted on- Planning and Building site. Department, Code Enforcement Division 5 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of Planning and Building trash and debris, and removal of graffiti within 24 hours from time of Department, occurrence. All landscaping shall be maintained in perpetuity, and shall Code Enforcement be replaced in a timely manner in the event that it is removed, damaged, Division diseased and/or dead. 6 The business shall be operated in accordance with the Letter of Request Planning and Building submitted as part of this application. Any changes to the business Department, operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance Planning Services with the Letter of Request and to ensure compatibility with the Division surrounding uses. 7 Vehicle deliveries including loading and unloading shall only be Public Works performed on site. Delivery vehicles, if any, shall not park or block any Department, part of the public right-of-way, and vehicles shall not be loaded/unloaded on any street. Traffic Engineering Division - 6 - PC2018-046 NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT GENERAL 8 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, Division 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 and 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 Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 10 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department, and as conditioned Planning Services herein. Division 11 Approval of this application constitutes approval of the proposed Planning and Building request only to the extent that it complies with the Anaheim Municipal Department, Zoning Code and any other applicable City, State and Federal Planning Services regulations. Approval does not include any action or findings as to Division compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. - 7 - PC2018-046