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Resolution-PC 2020-046d unpaid parking spaces within the existing parking lot of the Anaheim Indoor Marketplace (AIM) mission did hold a Code, WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did ted on the map attached hereto as developed with a . The Property is located in zoning and development standards Code. The Land Use Element of the Anaheim the Planning and Building Director’s designee approved the Project on July 6, was submitted to the Planning Department Newsom issued 20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via ble telephonically or otherwise electronically to at and 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 egulations; 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 permit paid 1440 South on March 4, 2020, Governor Newsom proclaimed a State of Emergency in notice of said public hearing having been duly given , 2020 - 25 expressing concerns pertaining to the amount of onsite parking and onsite circulation issues; and 046 69 - as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the 060 - related provisions of Executive Order N 20 26 - PC20 all members of the public seeing to observe and to address the local legislative body; and to t the Civic Center in the City of Anaheim on October to hear and consider evidence for and against proposed Conditional Use Permit No. 2020 (herein referred to as the "Proposed Project") on that certain real property located at 9 19. On March 17, 2020, Governor 0606 MINOR acres in size and is currently to investigate and make findings and recommendation in connection therewith; and OF THE AND MAKING 20 the Planning Com - IN CONNECTION THEREWITH Conditional Use Permit No. 2020 land uses; and AND ADOPTING A RESOLUTION OF THE PLANNING COMMISSION for an indoor retail marketplace ) and incorporated herein by this reference (the "Property"); and OUTH ANAHEIM BOULEVARD WHEREAS, pursuant to and in accordance with the provisions 046 69 in the City of Anaheim, as generally depic 0 - G” General Commercial Zone and is subject to the 06 20 General Commercial - RESOLUTION NO. PC20) 2020 087 - environmental documents for the Proposed Project; and 29 appeal ANAHEIM APPROVING ) of the CONDITIONAL USE PERMIT NO. - 00 - 20 (superseding the Brown Act teleconferencing and to make public meetings accessi 14 WHEREAS, pursuant to Executive Order N - 20 WHEREAS, the Property is approximately - July 14, 2020, a letter of 1 20 - - 5:00 p.m. and continued to November 9, 2020; Commercial Zones California as a result of the threat of COVID (DEV FINDINGS Minor Plan designates the Property for 133,200 square foot commercial building receive a verified petition to approve 1440 S teleconferencing public hearing a CERTAIN ( 18.08 ( CITY OF on - 29 WHEREAS, WHEREAS, Chapter California Code of R WHEREAS, Anaheim Boulevard - Executive Order N in 2020; and described Exhibit A General - the “C an ommission finds and determines that the effects of the Proposed Existing Facilities) or minor alteration The project proposes to designate existing parking spaces as bath paid and nonpaid parking at the he Project will not result in the removal or addition of parking will not cause a significant effect on the ically 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 of existing public or private structures, facilities, mechanical equipment, or topographical features would not adversely The granting of the conditional use permit under the conditions imposed will not be health and G" Commercial Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, pment standards of ses and the growth and development of the area in which it is located all of the is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health The traffic generated by the Proposed Project will not impose an undue burden upon that the project traffic as the project would be to g. The project would not ; therefore, no use 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 cord, including testimony received at the public hearing, the staff presentations, the staff report This Planning Commission expressly declares that it considered er due consideration of all evidence presented G” General Commercial 046 : and is, therefore, categor detrimental to the health and safety of the citizens of the City of Anaheim since the proposed does find and determine the following - 20 PC20 continue to support refore, the . result in any changes to the parking layout or footprint of the commercial building nd highways designed and improved to carry the traffic in the area in which consist of the operation, repair, maintenance, permitting, leasing, licensing, Proposed Project – , Class 1 conditional use permit and the zoning and develo d, under the conditions imposed he - ill not result in the removal or expansion of existing parking spaces. T parking spaces as both nonpaid and paid parkin the neighboring area. omplies with the provisions of the “C i.e. - Proposed Project pursuant to Section 15301 of the CEQA Guidelines The Proposed Project is an allowable use within the "C Project are typical of those generated within that class of projects ( the number of parking spaces provided onsite would safety of the neighboring community will not be impacted by the crease project scope does not involve any improvements which could in , 69 and uses of the commercial retail center. 60 all evidence presented and reached these findings aft the - The size and shape of the site for the onsite parking or circulation impacts would impact 2 0 - - 2020 spaces nor will the site be altered and as such, zone and Chapter 18.08.070 of the AMC an ditional Use Permit No. exempt from the provisions of CEQA; and Anaheim Indoor Marketplace (AIM). T . G" General Commercial Zone c project files. Proposed Project WHEREAS, the Planning C minor WHEREAS, this surplus affect the adjoining land u a and all materials in the approval of to Con designate existing The environment l with respect commercial the streets a 5. 1.2.3.4. and safety. subject to because - the "C to it. re w NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this , contingent attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the 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 ode, and (iii) the applicant has demonstrated significant progress URTHER RESOLVED that any amendment, modification or revocation of this 8.60.190 (Amendment to Permit Approval) 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, URTHER RESOLVED that approval of this application constitutes approval of applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance Planning Commission meeting (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced November 9, 2020. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 PC2020-046 2020-06069 or approval of the request regarding any other applicable ordinance, regulation or requirement. then this Resolution, and any approvals herein contained, shall be deemed null and void. 2020-06069 proposed use of that portion of the Property for which Conditional Use Permit No. and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code. the proposed request only to the extent that it complies with the Code and any other Exhibit B Planning Commission does hereby approve Conditional Use Permit No. NG RESOLUTION was adopted at the approval set forth in toward establishment of the use or approved development. the event of an appeal. permit may be processed in accordance with Chapters 1 -3- SECRETARY, PLANNING COMMISSION upon and subject to the conditions of modification complies with the C by a City Council Resolution in OF THE CITY OF ANAHEIM THE FOREGOI BE IT FBE IT F ATTEST: of , 2020. 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 vote of the PC2020-046 November SECRETARY, PLANNING COMMISSION KEYS, LIEBERMAN, MEEKS, MULLEADY, Commission of the City of Anaheim held on November 9, 2020, by the following day of th IN WITNESS WHEREOF, I have hereunto set my hand this 9 OF THE CITY OF ANAHEIM ARMSTRONG, WHITE -4- VADODARIA NONE COMMISSIONERS:COMMISSIONERS:COMMISSIONERS: ) ss. ) ) STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM members thereof: ABSENT: AYES:NOES: 046 - 20 PC20 - 5 - RESPONSIBLE Planning Services Planning Services Planning Services Planning Services Planning Services DEPARTMENT 046 DivisionDivisionDivisionDivisionDivision - 20 PC20 69 ng for a maximum of 72 hours to provide temporary overflow parking for the neighboring businesses and residents. The paid parking shall operate in accordance with the Letter of Operation submitted as part of the application. Any scribed in the Letter of Operation shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with said letter and to buildings shall be provided with lighting of adequate illumination to make clearly the hours of darkness and provide a safe, secure environment for all candle maintained, measured which painted or marked upon the premises or on any adjacent area under ted over within 24 landscaping shall be installed in conformance Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, parking spaces shall be provided for Anaheim for paid or ate lighting of parking lots, passageways, recesses, and site. Minimum recommended o no they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti with Chapter 18.46 “Landscape and Screening” of the Anaheim Indoor Marketplace employees, vendors, and customers at all 060 visible the presence of any person on or about the premises duri - at the parking surface, with a maximum to minimum rati 2020 in s . CONDITIONAL USE PERMIT NO. The applicant shall be responsible for maintaining the area unpaid parking for surrounding businesses and residents may be used ) 087 . AL to ensure compatibility with the surrounding uses the control of the licensee shall be removed or pain EXHIBIT “B” 00 CONDITIONS OF APPROV - 20 DEV20 - A surplus of 604 parking spaces 6 - - lighting level in parking lots is .5 foot - Overnight parking may be allowedperson, property, and vehicles on ( ased and/or dead. sufficient wattage to provide changes to the operation de and/or existing . hours of being applied grounds contiguous 6 A minimum of 54 greater than 15:1. GENERAL CONDITIONS damaged, dise All new times. Adequ NO. 12345 RESPONSIBLE Planning Services Planning Services Planning Services Planning Services DEPARTMENT Division Division 046 DivisionDivision - 20 PC20 in accordance with plans and specifications submitted The property owner shall obtain a Special Event Permit (SEP) for any temporary outdoor event proposed on the property. The SEP number of onsite parking spaces being endors, and AIM customers (which The Applicant shall defend, indemnify, and hold harmless the City Indemnitees to attack, review, set aside, void, or annul the decision s 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 inst or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys’ fees and processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building lure to pay all charges shall result in delays in the issuance of required permits or to the City of Anaheim by the petitioner and which plans are on file occupied by the event (for both temporary structures and event patrons), the number of surplus spaces available for surrounding businesses and residents, and the number of parking spaces and its officials, officers, employees and agents (collectively collectively as “Indemnitees”) from any and all claims, actions or proceedings brought against of the Indemnitees concerning this permit or any of the other costs, liabilities and expenses incurred by Indemnitees in applicant is responsible for paying all charges related to the The subject Property shall be developed, used and maintained with the Planning Services Division, and as conditioned herein. may result in the revocation of the approval of this application. permits for this project, whichever occurs first. Fai AL CONDITIONS OF APPROV - 7 - proceedings, acts or determination . connection with such proceeding. spaces) remaining for the employees, v referred to individually and application shall specify the 6 shall not be less than 54 costs awarded aga substantially The NO. 6789