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Resolution-PC 2019-013RESOLUTION NO. PC2019-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2716D AND VARIANCE NO. 2018-05111 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00023) (8375 EAST LA PALMA AVENUE) WHEREAS, on October 14, 1985, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"), by Resolution No. PC85-222, approved Conditional Use Permit 2716 to permit a new and used automobile sales facility with a waiver of maximum fence height (herein referred to as the "Original CUP") for that certain real property located at the northeast corner of La Palma Avenue and Yorba Linda Boulevard in the City of Anaheim; and WHEREAS, on March 17, 1986, the Planning Commission, by Resolution No. PC86-68, did amend said Resolution No. PC85-222, nunc pro tunc, to correct the legal description for the subject property; and WHEREAS, on November 10, 1986, the Planning Commission, by motion, did approve final plans for a second automobile dealership at the subject property; and WHEREAS, on June 3, 2002, the Planning Commission, by Resolution No. PC2002-78, did approve an amendment to the Original CUP (CUP 2002-04542) to permit an expansion to the Acura dealership located at 8375 East La Palma Avenue; and WHEREAS, on June 4, 2007, the Planning Commission, by Resolution No. PC2007-45, did approve an amendment to the Original CUP (CUP 2007-05203) to permit expansion of the Honda dealership located at 8323 East La Palma Avenue with a waiver of maximum number of wall signs; and WHEREAS, on November 2, 2015, the Planning Commission, by Resolution No. PC2015-089, did approve an amendment to the Original CUP (CUP2716C) to permit expansions of the existing dealership facility and a variance request (Variance No. 2015- 05016) to permit more wall signs than permitted by the Zoning Code for the Honda dealership located at 8323 East La Palma Avenue; and WHEREAS, the three previous amendments to the Original CUP shall be referred to herein as the "Previous Amendments"; and WHEREAS, the conditions of approval which were the subject of the Original CUP and the Previous Amendments shall be referred to herein as the "Previous Conditions of Approval"; and - I - PC2019-013 WHEREAS, the Planning Commission of the City of Anaheim did receive a verified petition for (i) an amendment to the Original CUP (Conditional Use Permit No. 2716D) to permit an expansion of the parking lot for inventory vehicle storage in conjunction with an existing dealership (Weir Canyon Acura), and (ii) a variance (Variance No. 2018-05111) to allow a street landscape setback that is less than required by the Anaheim Municipal Code (the "Code"), at a certain real property located at 8375 East La Palma 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 9.75 -acres in size, is currently developed with two automobile dealerships (Weir Canyon Honda at 8323 East La Palma Avenue, and Weir Canyon Acura at 8375 East La Palma Avenue). The Property is designated for General Commercial land uses by the Anaheim General Plan. The Property is located in the "C -G" General Commercial, Scenic Corridor (SC) Overlay zone and is subject to the zoning and development standards contained in Chapters 18.08 (Commercial Zones) and 18.18 (Scenic Corridor Overlay Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 20, 2019 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. 2716D and Variance No. 2018-05111 (collectively, the "Proposed Project"), 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 11 — Accessory Structures) which consist of the construction, or placement of minor structures accessory to existing commercial, industrial, or institutional facilities, including parking lots, and that, therefore, pursuant to Section 15311 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, 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 2617D, does find and determine the following: - 2 - PC2019-013 1) The proposed use is properly one for which a conditional use permit is authorized by this code, and 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; 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 in that the primary nature of the existing automobile dealership would not change as a result of the proposed parking lot expansion. In addition, the street frontage along La Palma Avenue would be improved with new landscaping, which would significantly enhance the existing streetscape; and 3) That the size and shape of the site proposed for the 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 because the Proposed Project has been designed to comply with all Code requirements, except for reduced landscape setback as referenced in Variance No. 2018-05111 below; and 4) That the traffic generated by 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 proposed project is limited to expansion of the parking area to park and store inventory vehicles and does not involve expansion of the dealership; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim in that any potential impacts of the new parking lot area upon the surrounding area would be negligible; and; WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2018-05111 for a reduced landscape setback adjacent to an arterial highway should be approved for the following reasons: SECTION NO. 18.18.090.010.0102 Minimum landscaped setback adjacent to an arterial highway. (25 feet required; 15 feet proposed) 1. There are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the Proposed Project. Due to the irregular shape of the subject property (narrower lot depth at the east end) and the existing utility easement, strict application of the development standards would create a hardship for the Proposed Project. In addition, similar landscape setbacks already exist at the western side of the subject property along La Palma Avenue. Further, the Project is designed to provide appropriate screening and visual interest along La Palma Avenue, which currently consists of an unimproved area with no landscaping; therefore, the proposed variance will not negatively impact the streetscape along La Palma Avenue; and -3 - PC2019-013 2. That, due to above mentioned special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity. 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, the Planning Commission does hereby approve Conditional Use Permit No. 2716D and Variance No. 2018-05111, contingent upon and subject to the conditions of approval set forth 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 that portion of the Property for which Conditional Use Permit No. 2716D and Variance No. 2018-05111 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, 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 reference 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 2716D. 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. - 4 - PC2019-013 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 February 20, 2019. 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. C IRPERSON PRO TEMP RE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: 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 February 20, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 201h day of February, 2019. JL4.01 rn SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-013 EXHIBIT "A" DEV NO. 2018-00023 APN: 351-042-34 N yoR�A clNDq 8 ©o s�o 0o Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2019-013 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2716D AND VARIANCE NO. 2018-05111 (DEV2018-00023) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 The project's Final Grading Plan, Soils/Pavement Recommendations, Public Works and Drainage Report shall be submitted for review and approval to the Department, Public Works Department, Development Services Division. Development Services Division 2 The final Water Quality Management Plan (WQMP) shall be submitted Public Works for review and approval to the Public Works Department, Development Department, Services Division and comply with the most current requirements of the Development Orange County Drainage Area Management Plan (DAMP). Services Division 3 The property owner shall submit project improvement plans that Public Works incorporate the required drainage improvements and the mechanisms Department, proposed in the approved Final Drainage Report. Development Services Division 4 If more than one acre of soil will be disturbed, the applicant shall Public Works demonstrate that coverage has been obtained under California's General Department, Permit for Stormwater Discharges Associated with Construction Development Activity by providing a copy of the Notice of Intent (NOI) submitted to Services Division the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plans (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon request. 5 All required permits from Southern California Edison for the proposed Public Works work and proposed encroachments under Southern California Edison's Department, easement must be obtained. Copies of such permits shall be provided to Development the Public Works Department, Development Services Division. Services Division 6 The developer/owner shall obtain a Right -of -Way Construction Permit Public Works from the Public Works Department, Development Services Division for Department, any and all work performed within the Public Right -of -Way and/or City Development easements. Services Division 7 All requests for new water services, backflow equipment, or fire lines, Public Utilities as well as any modifications, relocations, or abandonments of existing Department, water services, backflow equipment, and fire lines, shall be coordinated Water Engineering and permitted through Water Engineering Division of the Anaheim Division Public Utilities Department. - 7 - PC2019-013 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The property owner/developer shall coordinate with Electrical Public Utilities Engineering to establish electrical service requirements and submit Department, electric system plans, electrical panel drawings, site plans, elevation Electrical Engineering plans, and related technical drawings and specifications, if deemed Division necessary. 9 Prior to connection of electrical service, the legal owner shall provide to Public Utilities the City of Anaheim a Public Utilities easement with dimensions as Department, shown on the approved utility service plan and submit payments to the Electrical Engineering City of Anaheim for service connection fees, if deemed necessary. Division 10 Final landscaping plans in compliance with all Code requirements shall Planning and Building be submitted for review and approval by the Planning and Building Department, Director or his/her designee. Said landscape plan shall comply with Planning Services Chapters 10.19 (Landscape Water Efficiency) and 18.46 (Landscaping Division and Screening) of the City's Municipal Code. The submitted plans shall also include details for all proposed walls, fences, and gates. 11 The applicant shall obtain all necessary approvals (i.e. building permits) Planning and Building for the proposed walls, fences, and/or gates. Department, Planning Services and Building Divisions PRIOR TO FINAL GRADING, BUILDING OR ZONING INSPECTIONS 12 All required on-site Water Quality Management Plan (WQMP) Public Works improvements shall be completed, operational, and are subject to review Department, and approval by the Construction Services Inspector. Development Services Division 13 All new landscaping and required walls/fences/gates in compliance with Planning and Building Chapters 10.19 and 18.46 shall be installed per the approved final Department, landscaping plan. Planning Services Division OPERATIONAL CONDITIONS 14 Vehicle deliveries including loading and unloading shall be performed Public Works on site. Deliveries shall not take place on any part of the public right -of- Department, way, or block any part of the public right-of-way. Traffic Engineering Division - 8 - PC2019-013 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 The Owner shall be responsible for restoring any special surface Public Utilities improvements, other than asphalt paving, within any right-of-way, Department, public utility easement or City easement area including but not limited Water Engineering to colored concrete, bricks, pavers, stamped concrete, walls, decorative Division hardscape, or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master CC&R's for the project and the City easement deeds. 16 The use of new parking areas approved as part of this conditional use Planning and Building permit shall be limited to inventory vehicle parking and storage as Department, indicated on the approved plans. Employee and customer parking, and Planning Services storage of any business-related materials (i.e. vehicle parts, debris, etc.) Division are prohibited at these parking areas. 17 No loud speakers shall be permitted. Planning and Building Department, Planning Services Division 18 All vehicle repair and services (including washing of vehicles) shall Planning and Building occur within the interior of the service buildings and the service yard Department, area. Planning Services Division 19 There shall be no special advertising, banners, flags, pennants, pennants Planning and Building attached to vehicles, tents, sales events or other promotional activities Department, unless a Special Event Permit is first obtained from the Planning Code Enforcement Department to authorize such displays; and that no tethered balloons, Division inflatables, rooftop advertising devices or any other displays shall be permitted higher than the building(s). 20 No required parking area shall be fenced or otherwise enclosed for Planning and Building outdoor storage use. Department, Planning Services Division 21 The parking lots serving the premises shall be equipped with lighting of Police Department sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. GENERAL CONDITIONS 22 All landscaping shall be maintained in perpetuity in conformance with Planning and Building Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Department, Code. Landscaping shall be replaced in a timely manner in the event that Code Enforcement it is removed, damaged, diseased and/or dead. Division - 9 - PC2019-013 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 23 The property shall be permanently maintained in an orderly fashion by Planning and Building providing regular landscape maintenance, removal of trash or debris, and Department, removal of graffiti within two (2) business days from time of discovery. Code Enforcement Division 24 The following minimum clearances shall be provided around all existing Public Utilities and proposed water facilities (e.g. water main, fire hydrants, service Department, laterals, meters, meter boxes, backflow devices): Water Engineering • 10 feet minimum clearance from structures, footings, Division walls, stormwater BMPs, utility poles, street lights, and trees. • 5 feet minimum clearance from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. The following minimum clearances shall be maintained between existing water main and other facilities: • 10 -feet minimum horizontal clearance shall be maintained between existing water meter and other facilities. • 12 -inch minimum vertical separation from all utility crossings. 25 The subject property shall be developed substantially in accordance with Planning and Building the plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Department. Planning Services Division 26 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the Planning and Building issuance of the final invoice or prior to the issuance of building permits Department, for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 27 Approval of this application constitutes approval of the proposed request Planning and Building only to the extent that it complies with the Anaheim Municipal Zoning Department, Code and any other applicable City, State and Federal regulations. Planning Services Approval does not include any action or findings as to compliance or Division approval of the request regarding any other applicable ordinance, regulation or requirement. - 10- PC2019-013 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 28 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. - 11 - PC2019-013