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Resolution-PC 2013-050RESOLUTION NO. PC2013 -050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05656 AND VARIANCE NO. 2013 -04935 MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DF..V2013- 00010) (4527 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05656 and Variance No. 2013 -04935 to permit art auto repair, auto parts sales and car sales facility in an existing industrial building with fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") to permit an auto repair, restoration, auto parts sales and used car sales facility (the "Proposed Project ") on a portion of that certain real property located at 4527 East La Parma Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A attached hereto and incorporated herein by this reference (the "Property"): and WHEREAS, the Property consisting of two industrial parcels measuring .34 -acres and .04 -acres developed with a 8,700 square foot industrial building located in the SP94 -1, D.A.2, Expanded Industrial Area (Northeast Area Specific Plan) zone. The Property is designated for Office -Low land uses in the City of Anaheim General Plan; and WHEREAS, on July 1, 2013, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duty given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code (herein referred to as the "Code ", to hear and consider evidence for and against the proposed project 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 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, ana 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 pertaining to the request to permit an auto repair, restoration, auto parts sales and vintage used car sales facility, does find and determine the following facts: 1. The proposed conditional use permit request to allow an auto repair, auto parts sales and car sales facility within an existing industrial building is properly one for which a conditional use permit is authorized under subsections .0504 and .0544 of Section 18.120.070.050 (Automotive Vehicle Repair and Vehicle Sales Agencies and Lots) of the Code; and - I - PC2013 -050 2, The proposed conditional use permit to permit an auto repair, auto parts sales and car sales facility within an existing industrial 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 he located because the building is surrounded by compatible buildings and uses. The auto repair, auto parts sales and car sales facility would be located within an existing building with no adverse affects to adjoining land uses; and 3. The size and shape of the site for the use is adequate to allow the full development of the auto repair, auto parts sales and car sales facility in a manner not detrimental to the particular area or to the health and safety because the an auto repair, restoration, auto parts sales and vintage used car sales facility would he located within an existing industrial building; and 4. The traffic generated by the auto repair, auto parts sales and car sales facility 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: and S. The granting of the conditional use permit under the conditions imposed will hot be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to he integrated with the surrounding comiraercial and 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 Nth. 18 A2.040. Minimum number of oa spaces. (18 spaces required; 15 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 because a parking demand/operational plan was prepared by the applicant dated May 22, 2013, determining that the current number of parking spaces within the industrial property is sufficient to accommodate the use on the site. The parking demand/operational plan indicates that only 14 parking spaces will be required by the proposed use during peak demand operating hours based on the actual number of clients, The site currently provides a total of 15 spaces; 2. That the variance, under the conditions imposed, if any, 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 auto repair, restoration, auto parts sales and vintage used car sales facility; -2- PC2013 -450 3. That the variance, under the conditions imposed, if any, 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 _18,1 (Non - Residential Uses- Shared Parking Arrangements) because the on -site parking for the auto repair, restoration, auto parts sales and vintage used car sales facility will adequately accommodate peak parking demands of all uses on the site. This physical facility generates a peak parking demand of 14 parking spaces; 4. That the variance, under the conditions imposed, if any, 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 ill-- property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, if any, 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 auto repair, restoratioahnodification, auto parts sales and used car sales facility. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 -05656 and Variance No. 2013- 04935, 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, (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 this permit is approved without limitation on the duration of the use. Amendments, modifications and revocations 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 bereinabove 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 Zoning Code of the City of Anaheim 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. -3- PC2013 -050 BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shah result in the revocation of the approval of this application. THE FOREGOING RESOLU'T'ION was adopted at the Planning Commission meeting of July 1, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal, ATTEST: SENIOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ss. CITY OF ANAHEIM } CHAIR, ANAHEIM CITY PL ING COMMISSION CITY PLANNING COMMISSION 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 July t, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOS'TWICK, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ. SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this "'day of July, 2013. 0 SENIOR ARY, ANA IM CITY PLANNING COMMISSION -4- PC2013 -050 EXHIBIT vtAgv DEV NO. 2013 -00010 -5- PC3013 -050 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05656 AND VARIANCE 2013 - 04935 (DEV2013- 00010) NCI. CONDITIONS OF APPROVAL R REVIEW BY S T -6- PC2013 -050 FN - 0. J g 9 COrrDrrIOaas car AP-P-ROvAr. -- device be found to be substandard it must be repaired and replaced to meet the requirements of the City and State prior to issuance of building permits. _ A trash enclosure shall be provided at the rear of the pro perty. The trash enclosure shall be constructed per City specifications. The setbacks shall be measured from the ultimate right -of -way as determined by Public Works Standards Detail 164 -C for Supplemental Lanes Intersection Layout. j - REVIEW RY ! Engineering Planning I?epartnaent/ Public Works - Streets and Sanitation 1 Planning ! Department/ Development Services SIGNED ' OFF Y _ 10 The owner of the property commonly known as 4527 East La Palma Planning Avenue ('APN 346- 199 -26) shall enter into an agreement with the co-Department/ owner of Parcel 3 of Parcel Map No. 79 -269, Book 139 /Page 41 to Development obtain such rights as required to satisfy the conditions of approval for Services this conditional use permit in a manner which provides the City with sufficient tight -of -way for road, public utilities and other public purposes as required for La Palma Avenue per the City of Anaheim Planned Roadway Network. 6E,iT.1r1 4L , l i The Applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively referred Department I "Indemnitees to individually and collectively as ")'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 I determinations taken, done, or made prior to the decision, or to I determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not he firaited 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. The auto repair /restoration and car sale facility shall be operated in I 12. Planning accordance with the Parking Demand /Operational Plan submitted as Department part of this application. Any charges to operations shall be subject to review and approval by the Planning Director to determine E substantial conforanance with the Parking Demand/Operational Plan and to ensure ade quate par is pr ovide d on site. T_ 13 The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department -7- PC2013 -050 NO. CONDITIONS OF APPROVAL i RFV EW BY SIGNED OFF BY applicant and which plans are on file with the Planning Division marked Exhibit No. t and 2 (Architectural Drawings), and as conditioned berein. 14 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the propert owner shall be removed or 4inted ov withi 24 hours of beam annh . Code Enforcement 15 16 17 The applicant shall be responsible for maintaining the pre an mises in orderly fashion through the provision of regular maintenance and removal of trash or debris. All activities related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. No required parking area shall be fenced or otherwise enclosed for outdoor storage. y , Planning/ Code Enforcement Planning/ Code Enforcement Planning/ Code Enforcement I 8 PC2013 -050