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Resolution-PC2025-006RESOLUTION NO. PC2025-006 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 4177 TO ALLOW A 8,939-SQUARE-FOOT SERVICE AND REPAIR ADDITION TO AN EXISTING AUTOMOTIVE DEALERSHIP WITH A VARIANCE TO PERMIT A FENCE HEIGHT GREATER THAN PERMITTED BY CODE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2024-00033) (1331 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to amend Conditional Use Permit 4177 (DEV2024- 00033) to allow an 8,939-square-foot service and repair addition to an existing automotive dealership and a variance to permit and retain a fence with a height greater than permitted by the Zoning Code (the "Proposed Project") for certain real property located at 1331 North Euclid Street 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 is approximately 7.02 acres in area and is developed with an existing 76,782-square-foot Automotive —Vehicle Sales, Lease & Rental dealership. The Property is designated for General Commercial land uses in the General Plan. The Property is 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 Anaheim Municipal Code (the "Code"); and WHEREAS, Automotive — Vehicle Sales, Lease and Rental uses require a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses) and WHEREAS, a variance is subject to the approval by the Planning Commission pursuant to Subsection .010 of Section 18.74.040 (Approval Authority) and WHEREAS, on April 18, 2000, and subject to certain conditions of approval, the Anaheim City Council, by its Resolution No. 2000R-67, did approve Conditional Use Permit No. 4177 to permit an automotive dealership with accessory auto repair services (herein referred to as the "Original CUP") on the Property; and WHEREAS, on September 17, 2007, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2007-106, amended Conditional Use Permit No. 4177 (CUP2007-05221) to permit a 75-foot static freeway -oriented sign on the Property; and WHEREAS, on December 16, 2013, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2013-092, amended Conditional Use Permit No. 4177 (DEV2013-00112) to add an electronic reader board display to the existing 75-foot freeway - oriented sign on the Property; and WHEREAS, on April 15, 2019, and subject to certain conditions of approval, the Planning Commission, by its Resolution No. PC2019-021, amended Conditional Use Permit No. 4177 (DEV2018-00145), to permit an automotive washing facility in conjunction with the existing automotive dealership on the Property; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 24, 2025, at 5:00 p.m., with 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 the Proposed Project and to investigate and make findings and recommendation 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"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301 — Existing Facilities and Section 15303 — New Construction of Small Structures. The Proposed Project is a request for an 8,939 square foot addition to an existing automotive dealership, and the operation would be consistent with the historic vehicle sales and service repair levels of operation on the subject property, and a variance to permit and retain a 6-foot-high fence. Pursuant to Section 15300.2 (c) and 15301 and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the Proposed Project that would cause a significant effect on the environment and, therefore, the Proposed Project would be 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized as an allowable use within the General Commercial Zone under subsection .040 of Section 18.08.030 (Uses) of Chapter 18.08 Commercial Zones of the Code, subject to a conditional use permit for Automotive — Vehicle Sales, Lease and Rental uses. 2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the proposed automotive service and repair addition would increase the capacity of existing services already offered by the automotive dealership. The project would not negatively impact - 2 - PC2025-006 adjoining land uses, as the proposed use would comply with applicable development standards, except for the requested fence variance. The proposed addition would be set back 130 feet from the senior community to the west and is separated by an existing 8-12 foot -high block wall. Therefore, it is not expected to have an adverse effect on the existing infrastructure in the area. 3. 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 it would be able to accommodate the parking, traffic, and circulation without creating detrimental effects on adjacent properties. The site is currently developed with a 76,782 square foot automotive dealership building. Accounting for the proposed demolition of existing square footage, a net increase of 7,148 square feet would be added to the site. The existing building has street setbacks of over 150 feet, a 20-foot side setback, and a proposed rear setback of 42 feet from the proposed addition along the freeway edge. Therefore, the size and shape of the site would be sufficient to allow for the full development of the proposed use, in a manner not detrimental to the area or health and safety. 4. 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 Public Works Traffic and Transportation Division evaluated the proposed expansion through a Vehicle Miles Traveled Screening Evaluation and a Trip Generation Analysis and determined it would not have a significant impact on traffic. The proposed use did not warrant further traffic analysis or a Vehicle Miles Traveled study, therefore no impacts on the streets and highways are anticipated. Furthermore, the proposed expansion would be expected to generate 24 a.m. peak -hour trips, 27 p.m. peak -hour trips, and approximately 271 daily trips, which can be accommodated within the existing roadway infrastructure. The project is designed to have adequate on -site circulation. Therefore, the traffic generated by the proposed use would not impose an undue burden on streets and highways designed and improved to carry the traffic in the area. 5. 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 because the project currently operates as an automotive dealership that offers service and repair to customers. The proposed 8,93 9-square- foot addition would allow for an expanded area to provide the same services and would be consistent with existing and historic land use patterns in the area. No change in hours of operation is proposed with this request. The project has been designed to be compatible with the existing building architecture. Conditions of approval have been incorporated to guarantee that the project is well -maintained and remains compatible with the surrounding community. Therefore, granting the conditional use permit with the conditions imposed would not be detrimental to the health and safety of the citizens of the City of Anaheim. 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 request for a variance, does find and determine the following facts: - 3 - PC2025-006 SECTION 18.46.110.030 Maximum Hei+Lht Within Required Front or Street Setbacks (3 feet permitted; 6 feet proposed) 1. That there are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, which do not apply to other property under identical zoning classification in the vicinity. The Zoning Code requires a 10-foot landscape and structural setback along both street frontages. A maximum fence height of three feet is permitted in the required setback area. The subject property maintains a legal nonconforming landscape setback of four feet six inches along Medical Center Drive which is less than required by Code. Additionally, existing legal nonconforming parking spaces are also located within the required 10-foot setback along Medical Center Drive. Installation of a fence in accordance with the required setback on Medical Center Drive would encroach into the surface parking areas which would result in the loss of the number of provided parking spaces. The proposed six -foot -high fence would be installed between the existing landscape and parking stalls. 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Due to the subject property's legal nonconforming landscape setback, strict application of the Zoning Code would require either moving the fence further into the site, resulting in the loss of multiple required parking spaces, or reducing the fence height in an area critical to the operation of the dealership. In contrast, other properties in the same zoning district with conforming setbacks can install a six-foot fence behind the required setback without affecting their on -site parking. Furthermore, the Planning Commission granted a comparable variance for a six- foot high fence in the required setback for a nearby office building property on Medical Center Drive in 2024, demonstrating that properties under the same zoning classification already enjoy the privilege of installing a fence of this height in a required setback without sacrificing parking spaces. Therefore, strict application of the Zoning Code would deprive the applicant of a security measure and site design flexibility that is available to other properties with conforming setbacks or previously approved variances; 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 negate 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 the conditional use permit and variance, 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 the Property for which the conditional use permit and variance is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. - 4 - PC2025-006 Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 (Extension of Time to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building 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 the conditions of approval attached to this Resolution as Exhibit B amend and hereby replace in their entirety the previous conditions of approval adopted by Resolution No. CC2000 R-67 for Conditional Use Permit No. 4177 for the auto dealership with accessory auto repair services and therefore shall control and govern the Property. BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (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 March 24, 2025. 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. - 5 - PC2025-006 n YAJ OR A A � ��= - VICE C IRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM G COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2025-006 EXHIBIT "A" DEV NO.2024-00033 APN: 072-150-68 072-150-69 072-150-78 4)g�; 19 h r7 M J N U N W � z V 534' W MEDICAL CENTER DR El I H17 :'Fla❑ �o F-1 =.L-j W ROMNEYA DR W ROMNEYA DR O o 100 Source: Recorded Tract Maps and/or City GIS. F� eet Please note the accuracy is +/- two to five feet. EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO.4177 AND VARIANCE (DEV2024-00033) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO GRADING PERMIT ISSUANCE 1 Prepare and submit a final grading plan showing building Public Works Department, footprints, pad elevations, finished grades, drainage routes, Development Services retaining walls, erosion control, slope easements and other Division pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition 2 Prepare and submit a final drainage study, including supporting Public Works Department, hydraulic and hydrological data to the City of Anaheim for Development Services review and approval. The study shall confirm or recommend Division changes to the City's adopted Master Drainage Plan by identifying off -site and on -site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 3 Submit a Final Geotechnical Report to the Public Works Public Works Department, Development Services Division for review and approval. The Development Services report shall address any proposed infiltration features of the Division WQMP. 4 Submit Final Water Quality Management Plan (WQMP) to the Public Works Department, City for review and approval. The WQMP shall be consistent Development Services with the requirements of Section 7 and Exhibit 7.II of the Orange Division County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on -going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long- term implementation of and compliance with the defined BMPs. RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO BUILDING PERMIT ISSUANCE 5 Provide a certificate, from a Registered Civil Engineer, Public Works Department, certifying that the finished grading has been completed in Development Services accordance with the City approved grading plan. Division 6 Submit an interim soils report indicating pad compaction and site Public Works Department, stability prepared by the project's Geotechnical Engineer of Development Services Record. The pad compaction report needs to include a site plan Division showing the compaction testing locations. 7 The property owner shall irrevocably offer to dedicate to the City Public Works Department, of Anaheim the following easements: A corner cut-off Development Services dedication at the corner of Euclid Street and Medical Center Division Drive. 8 Design per City Standards full improvements for all impacted Public Works Department, and interior streets/facilities in accordance with City Code, Development Services Standards and Specifications. Such improvements may include Division but not be limited to the following: Remove and replace existing sidewalk with new sidewalk and parkway with irrigation along Euclid Street and Medical Center Drive per City Standards. 9 A Right of Way Construction Permit shall be obtained from the Public Works Department, Development Services Division for all work performed in the Development Services public right-of-way. Division 10 Euclid Street is currently under active moratorium until October Public Works Department, 30, 2026. Any trenching in streets under moratorium requires Development Services prior approval from the City Engineer and will require a Right Division of Way Construction Permit from the Public Works Department. If approved, per City of Anaheim STD. 132, extensive pavement restoration will be required, and its limit shall be determined by the City Engineer. 11 All Landscape plans shall comply with the City of Anaheim Public Works Department, adopted Landscape Water Efficiency Guidelines. This ordinance Development Services is in compliance with the State of California Model Water Division Efficient Landscape Ordinance (AV 1881). NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 12 The Applicant/Owner shall submit a letter to the Planning Planning and Building Services Division requesting termination of DEV2018-00145 Department, pertaining to the amendment for the car wash facility. Planning Services Division 13 That curbs adjacent to the drive aisles shall be painted red to Public Works Department, prohibit parallel parking in the drive aisles. Red curb locations Traffic Engineering shall be clearly labeled on building plans. Division 14 All public improvements shall be constructed by the developer, Public Works Department, inspected and accepted by Construction Services prior to final Development Services building and zoning inspection. Division 15 All remaining fees/deposits required by the Public Works Public Works Department, department must be paid in full. Development Services Division 16 Record Drawings and As -Built Plans shall be submitted for Public Works Department, review and approval to the Department of Public Works, Development Services Development Services Division. Division 17 The WQMP Covenant shall be recorded in the Office of the Public Works Department, Orange County Recorder and incorporated into Verified Final Development Services WQMP Submittal. The Verified Final WQMP shall be approved, Division all BMPs shall be constructed by the developer, inspected and accepted by Construction Services prior to final building and zoning inspection. ON -GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS 18 During or near the completion of remedial grading, perform an Public Works Department, R-value test of the pavement subgrade soils to confirm the Development Services recommended pavement sections. Division 19 Ongoing during project operations, loading and unloading of Public Works Department, vehicles shall be performed on site. Delivery vehicles shall not Traffic Engineering block any part of the public right of way. Division 20 Ongoing during project operation, should the vehicle queue Public Works Department, reach Euclid Street, staff members shall be positioned at the end Traffic Engineering of the on -site queue near the Euclid Street entrance to direct Division traffic. This measure shall be implemented for a short timeframe, as needed, until the queue dissipates. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 All CBC and CFC requirements shall be followed for permit Fire and Rescue issuance. Any fire permits which includes fire sprinklers, fire Department alarm, etc. shall be submitted directly to Anaheim Fire Community Risk Prevention Department. Reduction Division 22 That three (3) foot high street address numbers shall be displayed Planning and Building on the building roof in a contrasting color to the roof material. Department, The numbers shall not be visible to the view from the street or Planning Services Division adjacent properties. [CUP 4177] 23 That lighting fixtures in any proposed parking area located Planning and Building adjacent to any residential property shall be downlighted with a Department, maximum height of 12 feet. Said lighting fixtures shall be Planning Services Division directed away from the adjacent residential property lines to protect the residential integrity of the area; and that it shall be so specified on the plans submitted for building permits. [CUP 4177] 24 That lighting for this facility shall be designed and positioned in Planning and Building a manner so as not to unreasonably illuminate or cause glare onto Department, adjacent or nearby streets and/or properties. [CUP 4177] Planning Services Division 25 That any and all lockable pedestrian and/or vehicular access Fire and Rescue Department gates shall be equipped with "knox box" devices as required and Community Risk approved by the Fire Department. [CUP 4177] Reduction Division 26 That emergency vehicular access shall be provided and Fire and Rescue Department maintained in accordance with Fire Department Specifications Community Risk and Requirements. [CUP 41771 Reduction Division 27 That no required parking area shall be fenced or otherwise Planning and Building enclosed for outdoor storage uses. [CUP 41771 Department, Planning Services Division 28 Public Works Department, That, if required by the City, the developer shall grant easements Development Services for the existing on -site 12kV underground electrical conductors. Division [CUP 4177] Public Utilities Department NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 29 That any required relocation of City electrical facilities shall be Public Utilities at the developer's expense. [CUP 41771 Department 30 That a 12-foot-high masonry block wall shall be constructed and Planning and Building maintained along the west property line adjacent to the senior Department, citizens' retirement facility, as shown on the submitted and Planning Services Division approved exhibits; provided, however, that the City Traffic and Transportation Manager shall have the authority to reduce the height of the wall to protect visual lines -of -sight where pedestrian and/or vehicular circulation intersect. Clinging vines to eliminate graffiti opportunities shall be planted on maximum five-foot centers on both sides of said wall, and said landscaping shall be properly irrigated and maintained. During the construction of said wall, a temporary fence and a security guard shall be provided to protect the rear parking lot of the adjacent senior citizens' housing facility. [CUP 41771 31 That the property shall be permanently maintained in an orderly Planning and Building fashion through the provision of regular landscaping. Department, maintenance, removal of trash or debris, and removal of graffiti Planning Services Division within 24 hours from time of occurrence. [CUP 4177] 32 That any tree planted on -site shall be replaced in a timely manner Planning and Building in the event that it is removed, damaged, diseased and/or dead. Department, [CUP 41771 Planning Services Division 33 That no banners or other advertising shall be displayed at any Planning and Building time within the service bays facing the public rights -of -way or Department, the freeway. [CUP 41771 Planning Services Division 34 That no public address system or any other communication Planning and Building system that is audible outside the building area shall be permitted Department, for this automotive dealership. [CUP 41771 Planning Services Division 35 That all employee parking shall be limited to the employee Planning and Building parking area, as indicated on the submitted exhibits, or shall be Department, inside the enclosed building. [CUP 4177] Planning Services Division 36 That the storage or overnight parking of vehicles shall be Planning and Building confined entirely to the interior of the buildings or within the Department, designated service yard. All vehicle parts or business -related Planning Services Division materials and any work on vehicles (including the washing of vehicles shall be confined entirely to the interior service bays or NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT to the detail bays. Absolutely no vehicular body work, painting or other business -related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the buildings. [CUP 41771 37 That there shall be no outdoor storage in any required parking Planning and Building Department, area. [CUP 4177] Planning Services Division 38 That customer parking spaces shall be striped and clearly marked Planning and Building for "customer parking only"; and that at no time shall customer Department, vehicles be stacked, double parked, or left standing in tandem in Planning Services Division front of, or adjacent to, the buildings. [CUP 4177] 39 That all deliveries shall take place on -site; and no vehicle Planning and Building deliveries shall be conducted in any public right-of-way. Department, Furthermore, all deliveries, including parts and related materials, Planning Services Division shall only be conducted later than 7:00 a.m. and concluded prior to 9:00 p.m. [CUP 4177] 40 That the roll -up doors for the service bay areas shall be closed Planning and Building before 7:00 a.m. and after 9:00 p.m. in order to reduce any noise Department, that may be generated by auto service and repair activities. Planning Services Division [CUP 4177] 41 (a) That there shall be no special advertising, banners, flags, Planning and Building pennants, balloons attached to vehicles, tents, sales events or Department, other promotional activities unless a Special Event Permit is first Planning Services Division obtained to authorize said displays. [CUP 41771 (b) That there shall be no tethered balloons, rooftop advertising devices or any other freeway -oriented displays permitted at any time. [CUP 4177] 42 That any proposed vending machines shall be located so as not Planning and Building to be visible to the public rights -of -way, including the freeway Department, off -ramp. [CUP 41771 Planning Services Division 43 That final plans for any bollards or other devices or structures Planning and Building used as a vehicle theft deterrent along the street frontages shall Department, be reviewed and approved by the Zoning Division for aesthetic Planning Services Division considerations. [CUP 41771 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 44 That no display or inventory of vehicles shall be permitted within Planning and Building Department, the required landscaped setback areas. [CUP 4177] Planning Services Division 45 That trees shall not be unreasonably trimmed for the purpose of Planning and Building Department, increased visibility of this auto dealership facility. [CUP 41771 Planning Services Division 46 That prior to commencing operation of this business and in order Public Works Department, to prevent vehicle conflicts with auto transport trucks, a delivery Traffic Engineering plan for transportation of new and used vehicles to this site shall Division be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall indicate delivery of vehicles east of the automotive dealership building and shall be implemented continuously during the course of the operations permitted under this conditional use permit. [CUP 4177] 47 That this permit is for a single automotive dealership. If Planning and Building additional dealerships are proposed, a new conditional use Department, permit shall be required. [CUP 4177] Planning Services Division 48 That approval of this application constitutes approval of the Planning and Building proposed request only to the extent that it complies with the Department, Anaheim Municipal Zoning Code and any other applicable City, Planning Services Division 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. [CUP 41771 49 That there shall be no parking allowed on the north side of Public Works Department, Medical Center Drive, subject to the approval of the City Traffic Engineering Engineer. [CUP 4177] Division 50 That any lunch truck services provided at this location shall only Planning and Building occur between the hours of 7:00 a.m. to 3:30 p.m. and said trucks Department, shall be prohibited from blowing their horns on the premises. Planning Services Division [CUP 4177] GENERAL 51 The business shall be operated in accordance with the Letter of Planning and Building Request and Operation submitted as part of this application. Department, Any changes to the business operation as described in these Planning Services Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT documents shall be subject to review and approval by the Planning Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 52 All new landscaping shall be installed by the owner/developer Planning and Building in conformance with Chapter 18.46 "Landscape and Screening" Department, of the Anaheim Municipal Code and shall be maintained in Planning Services Division perpetuity. Landscaping shall be replaced by the applicant in a timely manner if it is removed, damaged, diseased, and/or dead. 53 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "Indemnitees") from any and all claims, actions or proceedings brought against 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. 54 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning Planning Services Division Department. and as conditioned herein. 55 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Bridgette Bambrick, 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 March 24, 2025, by the following vote of the members thereof: AYES: Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez and Tran-Martin. NOES: ABSTAIN: ABSENT: Chairperson Walker IN WITNESS WHEREOF, I have ETARY, OF I et mf�and this 20 day of March 2025. COMMISSION ANAHEIM