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Resolution-PC 2013-032RESOLUTION NO. PC2013 -032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012 -05637 AND VARIANCE NO. 2013 -04925 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00123) (1580 SOUTH SINCLAIR STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05637 and Variance No. 2013 -04925 to permit on -site auctions within an existing warehouse building with less parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 1580 South Sinclair Street in the City of Anaheim, County of Orange, State of California, as more particularly shown in Exhibit A, attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 2.08- acres, is developed with an industrial building measuring approximately 29,787 square feet and contains two separate tenant spaces consisting of the proposed on -site auctions facility and a sports training facility for physical fitness and therapy, including indoor batting cages. The Property is located in the Industrial zone. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 25, 2013 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 of the Code, to hear and consider evidence for and against said proposed conditional use permit 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 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 proposed use is not listed as a permitted use or as a use subject to a conditional use permit within either the Industrial zone or any of the other zone districts designated in the Code. Accordingly, Section 18.90.060 of the Code permits the Planning Commission to consider and determine whether the proposed use within the Industrial zone is appropriate; 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 to permit on -site auctions within an existing warehouse building does find and determine the following facts: - 1 - PC2013 -032 1. The proposed conditional use permit request to on -site auctions within an existing warehouse building is properly one for which a conditional use permit is authorized under Section No. 18.90.060 (Regulations - Resolution of Uncertainties) of the Code for this particular Property within the Industrial zone and that a conditional use permit is necessary to ensure that the proposed use does not adversely impact surrounding land uses. 2. The proposed conditional use permit to permit on -site auctions within an existing warehouse building, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by compatible buildings and uses; and, the on -site auctions would be located within an existing building with no adverse affects to adjoining land uses. 3. The size and shape of the site for the use 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 be located within an existing industrial warehouse building. 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 traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 proposed land use will continue to be integrated with the surrounding industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (100 spaces required; 85 spaces proposed) 1. That the variance, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. A parking demand letter was prepared by the applicant dated February 1, 2013, determining that the current number of parking spaces within the industrial property is sufficient to accommodate all of the uses on the site including the new on -site auctions facility. The parking demand letter indicates that only 28 parking spaces will be required by the proposed use during peak demand operating hours based on the actual number of customers and employees. The applicant conducted a survey of the site when the other business on the property was operating which indicated that a total of 43 parking spaces would be needed, including the on -site auctions facility during the peak demand hours. The site currently provides a total of 85 spaces; -2- PC2013 -032 2. That the variance, under the conditions imposed will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking within the industrial business complex will adequately accommodate the peak parking demands of the proposed on -site auctions and the other uses on the site; 3. That the variance, under the conditions imposed will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050 (Non - Residential Uses- Shared Parking Arrangements) because the on -site parking for the on -site auctions will adequately accommodate peak parking demands of all uses on the site. The on -site auctions facility generates a peak parking demand of 28 parking spaces; 4. That the variance, under the conditions imposed will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the Property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the on -site auctions facility. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05637 and Variance No. 2013- 04925, subject to the conditions of approval described 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 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 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. -3- PC2013 -032 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 1.5 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 25, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 4bva-') CHAIR, ANAHEIM CITY I'1_A3 U COMMISSION ATTEST: SENIOR SEC TARP, ANAHEIM CITY PLANNING COMMISSION -4- PC2013-032 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on March 25, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, FAESSEL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of March, 2013. SENIOR SE&2ETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -032 EXHIBIT "A" DEV NO. 2012-00123 APN: 253 - 611 -03 S SINCLAIR ST 242' v 0 m P c0 7 E KATELLA AVE Source: Recorded Tract Maps and /or City GIS. 2 _ Please note the accuracy is +/- two to five feet. -6- PC2013 -032 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2012-05637 AND VARIANCE NO. 2013-04925 (DEV2012- 00123) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 The metal trash enclosures are showing signs of paint Planning deterioration and shall be repainted within 30 days of approval Department/ of this permit. Public Works - Streets and Sanitation 2 That all requests for new water services or fire lines, as well as Public any modifications, relocations, or abandonment of existing Utilities - water services and fire lines, shall be coordinated through Water Water Engineering Division of the Anaheim Public Utilities Engineering Department within 60 days of approval of this permit. 3 That all existing water services and fire services shall conform Public to current Water Services Standards and Specifications. Any Utilities - water service and/or fire line that does not meet current Water standards shall be upgraded if continued use is necessary or Engineering abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line within 60 days of approval of this permit. GENERAL CONDITIONS 4 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents Department (collectively referred to individually and collectively as "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. 5 The property shall be permanently maintained in an orderly Code fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris. -7- PC2013 -032 6 Adequate lighting of parking lots, passageways, recesses, and Planning grounds contiguous to buildings shall be provided with Department lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on- site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 7 The on -site auctions facility shall be operated in accordance Planning with the Letter of Request and the Parking Demand Letter Department submitted as part of this application. Any changes to the business operation as described in the Letter of Request and the Parking Demand Letter shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Operation and Parking Demand Letter and to ensure compatibility with the surrounding uses. The hours of operation are Monday through Friday 9:00 a.m. to 5:00 p.m., Monday evenings from 5:00 p.m. to 10:00 p.m., and Sunday 10:00 a.m. to 4:00 p.m. Auctions will occur 12 times /year (an average of one per month). The hours of operation may be modified subject to prior review and approval by Planning Director. 8 All activities related to the use shall occur indoors, except as Code may be permitted by an authorized Special Event Permit. Enforcement 9 No outside storage of equipment/furniture shall be permitted. Planning Department 10 No required parking area shall be fenced or otherwise enclosed Code for outdoor storage. Enforcement 11 Any graffiti painted or marked upon the premises or on any Code adjacent area under the control of the property owner shall be Enforcement removed or painted over within 24 hours of being applied. 12 The property shall be developed substantially in accordance Planning with plans and specifications submitted to and reviewed by the Department City of Anaheim and which plans are on file with the Planning Department and as conditioned herein. 13 The Property shall be developed substantially in accordance Planning with plans and specifications submitted to and reviewed by the Department City of Anaheim and which plans are on file with the Planning Department herein marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan) and as conditioned herein. -8- PC2013 -032