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Resolution-PC 2018-055RESOLUTION NO. PC2018-055 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2003-04800D AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00051) (200 NORTH VIA CORTEZ) WHEREAS, on February 10, 2004, and subject to certain conditions of approval, the Anaheim City Council, by its Resolution No. 2004-26, did approve Conditional Use Permit No. 2003-04800 to construct an automobile dealership with a waiver of maximum number of wall signs, maximum structural height adjacent to a single-family residential zone, minimum structural setback adjacent to a freeway, and the minimum landscape setback adjacent to interior site boundary abutting a residential zone (referred to herein as the "Original CUP") for that certain real property located at 200 North Via Cortez in the City of Anaheim; and WHEREAS, on May 30, 2007, the Planning Commission, by its Resolution No. 2007-50, did approve an amendment to the Original CUP (tracking No. CUP 2007-05199) to revise exhibits and conditions of approval to modify the required landscape setback and allow additional signs at the subject property; and WHEREAS, on November 21, 2011, the Planning Commission, by its Resolution 2011-093, did approve an amendment to the Original CUP (tracking No. CUP 2003-04800A, referred herein as the "Amended CUP") to permit the expansion of the existing two-story showroom and sales building, construction of a new four -level, 115,483 square -foot automobile repair service and vehicle storage building and a small parts storage building, which also allowed a full vehicle maintenance and repair services to occur at the existing vehicle service/preparation building. In addition, the Amended CUP included a variance request (Variance No. 2011-04853) for reduced on-site parking and building setbacks adjacent to the freeway and a residential zone; and WHEREAS, on July 28, 2014, the Planning Commission approved an amendment to the Amended CUP (tracking No. CUP 2003-04800B) to allow a three-year time extension of the Amended CUP; and WHEREAS, on November 29, 2017, the Planning Commission approved an additional amendment to the Amended CUP (tracking No. CUP 2003-04800C) to allow an additional one-year time extension of the Amended CUP; and WHEREAS, the above entitlements are hereby referred to as "Previous Conditions of Approval"; and - I - PC2018-055 WHEREAS, the Planning Commission did receive a verified petition to amend Conditional Use Permit No. 2003-04800 ("CUP 2003-04800D") to modify the previously approved plans by eliminating the automobile dealership expansion, construct a new 204 square - foot auto parts storage building, allow automobile repair and maintenance services within the existing automobile service building, and modify the existing conditions of approval to allow vehicle deliveries by transport truck and nighttime automobile parts delivery (herein referred to collectively as the "Proposed Project") at the premise located 200 North Via Cortez 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 5.21 acres in size and is currently developed with an automobile dealership. The property is located in the "C -G" General Commercial Zone and the "SC" Scenic Corridor Overlay Zone. The General Plan designates this property for General Commercial land uses. As such, the Property is subject to the zoning and development standards described in Chapters 18.08 (Commercial Zones) and 18.18 (Scenic Corridor Overlay Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 29, 2018 at 5:00 p.m., notice of said public hearing having been duly given 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. 2003-04800D and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the Planning Commission finds and determines that the Proposed Project is 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 Title 14 of the California Code of Regulations, 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 to permit modifications to an existing automobile dealer in conjunction with Conditional Use Permit No. 2003-04800D, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by this code as an amendment to a conditional use permit is permitted under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code. 2. The Proposed Project, as conditioned herein, would not adversely affect the abutting businesses or residences, nor the growth and development of the area in which it is proposed to be located because the all existing developments would remain as is. In addition, the proposed vehicle maintenance and repair services and modification of the conditions of approval related to method of vehicle delivery would not adversely impact the surrounding area as these activities would occur during business hours and the repair service would occur completely indoors. Similarly, the impacts of the proposed nighttime parts delivery would be negligible due - 2 - PC2018-055 to existing ambient noise from the SR -91 freeway, existing sound attenuation measures, and the short duration of the activity. 3. The size and shape of the site for the Proposed Project 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 the facility would continue to operate as an automobile dealership, the new construction is limited to a small parts storage building, and the Proposed Project would comply with the parking requirement that was previously -approved under the Amended CUP. 4. The traffic generated by the Proposed Project 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 the additional traffic that would have been generated by the previously -approved expansion would no longer occur. In addition, some of the traffic improvement measures that were required to address future impacts of the previously -approved expansion plan were already implemented even though the expansion plan was not realized. 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 existing automobile dealership use will continue 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 the Planning Commission does hereby approve Conditional Use Permit No. 2003-04800D, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto referred to as "Revised Conditions of Approval" and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the 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 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 (s), (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, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby amend and replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2003-04800D. - 3 - PC2018-055 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 Anaheim. Municipal 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 Anaheim Municipal 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 October 29, 2018. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM CITY OF ANAHEIM - 4 - PC2018-055 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 October 29, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: CARBAJAL, GILLESPIE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 29h day of October, 2018. AZ&An�v� 1%2 e—&�� " SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-055 EXHIBIT "Aff DE V NO. 2018-00051 ARN: 358-331-48 358-331-46 0 Scu•ce: Recc,ded T•acd h:1aps snc c• City GIS. v_: Fleas a ncte the accu!acy is tti c tc fvle feet. - 6 - PC2018-055 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2003-04800D (DEV2018-00051) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 An Encroachment Permit from California Department of Transportation (Caltrans) shall be obtained if any work is to be done within Caltrans easements and/or right-of-way. 2 I An Encroachment Permit from the Orange County Flood Control District (OCFCD) shall be obtained if any work is to be done within the OCFCD easements. 3 An Encroachment Permit or a clearance from the Metropolitan Water District (MWD) shall be obtained if any work is to be done within the MWD easement. Public Works Department, Development Services Division Public Works Department, Development Services Division Public Works Department, Development Services Division 4 All necessary permits required by the State of California shall be obtained Public Works Department, if any work is to be done over the flood control channels. Development Services Division 5 A Right -of -Way Construction Permit shall be obtained from the Public Works Department, Development Services Division if any work is to be done within the public right-of-way and/or the City of Anaheim easements. 6 ( The building plans for the parts storage building shall demonstrate that such structure will not block the existing drainage pattern and run-off will continue to drain in accordance with the existing drainage pattern. 7 A plan for test driving new vehicles for the car dealership at the subject site shall be submitted to the City's Traffic and Transportation Manager for review and approval. Said plan shall incorporate a test driving route that does not include any residential streets and the plan shall be implemented continuously during the course of the operations permitted under this Conditional Use Permit. 8 The building plans shall show conformance with the current version of Engineering Standard Details 436 and 470 pertaining to parking standards. The subject property shall thereupon be maintained in conformance with said plans. - - -r. 9 The property owner shall submit a letter requesting the termination of all previously approved zoning entitlements. i I Public Works Department, Development Services Division Public Works Department, Development Services Division Public Works Department, Traffic Engineering Division Public Works Department, Traffic Engineering Division Planning and Building Department, Planning Services Division - 7 - PC2018-055 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The building plans for the parts storage building shall demonstrate compliance with the Americans with Disabilities Act (ADA), including, but not limited to, accessible route requirements. 11 If any security bollards are proposed, the design and placement of such bollards shall be submitted to the Planning Division for review and approval. Any decision made by the Planning Division regarding said plan may be appealed to the Planning Commission. Said information, if applicable, shall be specifically shown on the plans submitted for building permits. 12 All requests for new water service or fire lines and modifications, relocations, or abandonments of existing water services and fire lines, if any, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. OPERATIONAL CONDITIONS 13 The use of the subject site shall be limited to a franchise automobile dealership whose business includes sales and leasing of new and used vehicles with related vehicle parts and services. If a different type of automobile sales and leasing business is proposed, the business owner shall submit a business/operations plan to the Planning and Building Department which shall be reviewed by the Planning and Building Director to determine whether the operational characteristics of such business is in substantial conformance with the operational characters of a franchise automobile dealership and the plans and specifications of this conditional use permit, as conditioned herein. If the Planning Director determines the business/operations plan is not in substantial conformance, which determination shall be provided to the proposed business owner/applicant in writing, the proposed business owner/applicant would be required to submit an application for an amended or new CUP which would be subject to review by the Planning Commission. 14 All activities related to vehicle deliveries shall be limited to the approved hours of operation of the dealership. 15 Vehicle deliveries including loading and unloading shall be performed on site. Deliveries shall not take place on any part of the public right-of-way. Planning and Building Department, Building Division Planning and Building Department, Planning Services Division Public Utilities Department, Water Engineering Division Planning and Building Department, Planning Services Division Planning and Building Department, Planning Services & Code Enforcement Divisions Public Works Department, Traffic Engineering Division - 8 - PC2018-055 NO. CONDITIONS OF APPROVAL RESPONSIBLE 20 The hours of operation of the dealership shall be limited to 7:00 a.m. to 9:00 DEPARTMENT 16 Parts deliveries that occur outside of the approved hours of operation of the Planning and Building dealership shall be limited to one delivery per night, five days per week. In Department, addition, loading and unloading activities associated with parts delivery planning Services & Code shall be performed on site, in the designated loading area depicted on the Planning and Building plans on file with the Planning Department. Enforcement Divisions 17 All vehicle repair and services (including the washing of vehicles) shall Planning and Building occur inside the existing vehicle service building only; no outdoor servicing Department, or repair shall be permitted on the premises. Planning Services & Code painted over within 24 hours of being applied or discovered by the business Enforcement Divisions 18 The storage of vehicle parts or business-related materials (other than Planning and Building vehicle inventory storage) shall be confined entirely to the interior of a Department, building. Planning Services & Code Enforcement Divisions 19 No required parking area shall be fenced or otherwise enclosed for outdoor Planning and Building storage use. Department, Planning Services & Code 22 No loud speakers shall be permitted. Enforcement Divisions 20 The hours of operation of the dealership shall be limited to 7:00 a.m. to 9:00 Planning and Building p.m. Any changes to these hours of operation shall be subject to review and Department, approval by the Planning and Building Director to ensure compatibility Planning Services & Code with the surrounding uses. Enforcement Divisions 21 At 8:30 p.m., all lighting along the residential boundary shall be reduced Planning and Building and lighting illuminating the showroom and vehicle service building shall Department, be eliminated on the south elevations. Planning Services & Code 24 Any graffiti painted or marked upon the business premises or on any Enforcement Divisions 22 No loud speakers shall be permitted. Planning and Building Department, Planning Services & Code Enforcement Divisions 23, No off-site signage shall be permitted. Planning and Building Department, Planning Services & Code Enforcement Divisions 24 Any graffiti painted or marked upon the business premises or on any Planning and Building adjacent area under the control of the business owner shall be removed or Department, painted over within 24 hours of being applied or discovered by the business Code Enforcement owner. Division - 9 - PC2018-055 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 25 Outdoor special events shall be subject to review and approval by the Planning and Building Planning Division staff (i.e. Special Event Permit) and shall be conducted Department, in a manner that will not adversely affect the adjoining residential land uses. I planning Services Any decision made by the Planning Division regarding such an event may Division be appealed to the Planning Commission as a Reports and Recommendations item. 26l All on-site landscaping shall be in conformance with Chapter 18.46 j Planning and Building j "Landscape and Screening" of the Anaheim Municipal Code and shall be Department, maintained in perpetuity. Landscaping shall be replaced in a timely manner planning Services in the event that it is removed, damaged, diseased and/or dead. Division 27 An on-site trash truck turn around area shall be maintained in accordance Public Works Department, with Engineering Standard Detail No. 610 and as required by the Sanitation Division Department of Public Works, Street Sweeping and Sanitation Division. planning Services 28 The car wash service shall comply with all state laws and local ordinances public Utilities for Water Conservation Measures. Department, Water Engineering Division 291 All roof and/or ground mounted equipment shall continue to be contained Planning and Building within an acoustical enclosure and shall be completely screened from Department, visibility to surrounding properties, streets and the 91 Riverside Freeway in planning Services conformance with the Anaheim Municipal Code pertaining to development Division standards for roof mounted equipment in the Scenic Corridor Overlay Zone. GENERAL CONDITIONS 30 The Property shall be developed, maintained, and operated substantially in Planning and Building accordance with plans and specifications submitted to the City of Anaheim Department, by the applicant and which plans are on file with the Planning Department planning Services and as conditioned herein. a- Division 31 The auto dealership shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to the business Department, operation as described in the Letter of Operation shall be subject to review planning Services and approval by the Planning and Building Director. Division 32 The applicant is responsible for paying all charges related to the processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, planning Services whichever occurs first. Failure to pay all charges shall result in delays in Division the issuance of required permits or may result in the revocation of the approval of this application. _10- PC2018-055 NO. 33 CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and Building individually and collectively as "Indemnitees") from any and all claims, Department, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit Planning Services or any of the proceedings, acts or determinations taken, done, or made prior Division 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. - 11 - PC2018-055