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Resolution-PC 2013-076RESOLUTION NO. PC2013 -076 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3926 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00081) (725 SOUTH BEACH BOULEVARD) WHEREAS, on April 28, 1997, and subject to certain conditions of approval, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission "), by its Resolution No. PC97 -45, did approve Conditional Use Permit No. 3926 to permit a trailer sales and repair facility(herein referred to as the "Original CUP ") on that certain real property located at 725 South Beach Boulevard in the City of Anaheim, generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Anaheim City Planning Commission did receive a verified petition to amend the Original CUP allow sales of pre -owned vehicles, automotive repair and office dispatch of tow vehicles for emergency roadside services pursuant to Section 18.60.190 of the Anaheim Municipal Code (the "Code ") for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A , attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, this Property is currently developed with a trailer sales and repair facility which is now proposed to allow sales of pre -owned vehicles, automotive repair and office dispatch of tow vehicles for emergency roadside services. It is located in the General Commercial (C -G) Zone and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 21, 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 (Procedures) of the Code, to hear and consider evidence for and against said proposed amendment to the Original CUP 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 amendment to the Original CUP (Conditional Use Permit No. 3926A) 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 amendment to the Original CUP will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2013 -076 WHEREAS, said 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 for an amendment to the Original CUP, does find and determine the following facts: 1. The proposal to amend the Original CUP to allow sales of pre -owned vehicles, automotive repair and office dispatch of tow vehicles for emergency roadside services properly one for which a conditional use permit is authorized under Section 18.08.030.010 of the Code; 2. The requested amendment of the Original CUP to allow sales of pre -owned vehicles, automotive repair and office dispatch of tow vehicles for emergency roadside services will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the proposed\ facility is comparable to the existing use and has proven to be compatible with surrounding land uses within the area; 3. The size and shape of the site for the sales of pre -owned vehicles, automotive repair and office dispatch of tow vehicles for emergency roadside services 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; 4. The traffic generated by the proposed amendment to the Original CUP to allow sales of pre -owned vehicles, automotive repair and office dispatch of tow vehicles for emergency roadside services will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the Property is consistent with typical businesses that are permitted as a matter of right within the General Commercial (C -G) Zone; and 5. The granting of the amendment to the Original CUP under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve an amendment to Conditional Use Permit No. 3926 (Conditional Use Permit No. 3926A) to permit the sales of pre -owned vehicles, automotive repair and office dispatch of tow vehicles for emergency roadside services on property located at 725 South Beach Boulevard, 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 subject Property in order to preserve the safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations 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 Anaheim Municipal Code. -2- PC2013 -076 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 Conditional Use Permit No. 3926A 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 October 21, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. WtN4. Nhik ATTEST: ANA] ANA CITY P NNING COMMISSION SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 October 21, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of October, 2013. SENIOR St�CRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -076 EXHIBIT "A" DEV NO. 2013 -00081 ]AP N: 079 - 951 -32 Z J } W U 185' J m N O N U Q W W HAYWARD ST 185' m W STONYBROOK DR L W ROME AVE o J Q co 3 U a Q = w L+ m W ROME AVE W TERANIMAR DR U o so 0o Source: Recorded Tract Maps and /or City GIS. FO Please note the accuracy is +/- two to five feet. -4- PC2013 -076 EXHIBIT "B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 3926 (CONDITIONAL USE PERMIT NO. 3926A) (DEV2013- 00081) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 Prior to commencement of the business the building shall be equipped with a Police comprehensive security alarm system (silent or audible) for the perimeter Department building and access route protection; high valued storage areas; interior building door to repair shop; perimeter fence and security gating. 2 Prior to commencement of the business a Burglary/Robbery Alarm Permit Police application, Form APD 516, shall be completed and returned it to the Police Department Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http:/ /www.anaheim.net /article.asp ?id =678 3 Prior to commencement of the business rooftop address numbers for the police Police helicopter shall be provided. Minimum size 4' in height and 2' in width. The Department lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 4 Prior to commencement of the business all exterior doors shall have their own Police light source, which shall adequately illuminate door areas at all hours to make Department clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. 5 Prior to commencement of the business "No Trespassing 602(k) P.C." posted police at the entrances of parking lots /structures and located in other appropriate Department places. Signs must be at least 2' x F in overall size, with white background and black 2" lettering. 6 Prior to commencement of the business all entrances to parking areas shall be Police posted with appropriate signs per 22658(a) C.V.C., to assist in removal of Department vehicles at the property owners /managers request. 7 Prior to commencement of the business all exterior doors to have adequate Police security hardware, e.g. deadbolt locks. Department 8 Prior to commencement of the business door locks shall be so constructed that Police both the deadbolt and deadlocking latch can be retracted by a single action of Department the inside doorknob /lever /turn piece. -5- PC2013 -076 9 Prior to commencement of the business overhead roll -up doors shall also be Police secured on the inside that the lock cannot be defeated from the outside and Department shall be secured with a cylinder lock or padlock from the inside. 10 Prior to commencement of the business wide -angle peepholes or other viewing police device should be installed in solid doors where natural surveillance is Department compromised. 11 Prior to commencement of the business Address numbers shall be positioned Police so as to be readily readable from the street. Number should be illuminated Department during hours of darkness. 12 Louvered windows shall not be used. Department 13 Monument signs and addresses shall be well lighted during hours of darkness. Department 14 Adequate lighting of parking lots, passageways, recesses, and grounds Police contiguous to buildings shall be provided with lighting of sufficient wattage to Department 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. 15 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the property owner shall be removed or painted over Enforcement within 24 hours of being applied. 16 The hours of operation for the auto repair facility shall be limited from 8 a.m. Code to 5 p.m. Monday through Saturday Enforcement 17 The property shall be permanently maintained in an orderly fashion through Code the provision of regular landscaping maintenance, removal of trash or debris. Enforcement 18 No required parking area shall be fenced or otherwise enclosed for outdoor Code storage. Enforcement 19 No outside storage of equipment/tools shall be permitted. Code Enforcement 20 Tow trucks shall not be stored at this facility. Code Enforcement 21 Car- haulers shall not be allowed to drop -off or pick up vehicles at this Code location. Enforcement 22 This facility shall not store inoperable vehicles nor shall this facility be Code utilized as a vehicle impound yard. Enforcement -6- PC2013 -076 23 Vehicles shall be repaired within two weeks from the date of arrival or they Code will be deemed inoperable vehicles and must be removed from the property. Enforcement 24 During the hours of 11 p.m. to 7 a.m., tow trucks shall only enter and exit the Code facility via the northerly driveway in order to minimize noise impacts on the Enforcement adjacent hotel property to the south. 25 All activities related to the use shall occur indoors, except as may be permitted Code by an authorized Special Event Permit. Enforcement 26 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to individually Department 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. 27 The applicant is responsible for paying all charges related to the processing of Planning this discretionary case application within 30 days of the issuance of the final Department invoice or prior to the 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. 28 The property shall be maintained substantially in accordance with plans and Planning specifications submitted to and reviewed by the City of Anaheim and which Department plans are on file with the Planning Department and as conditioned herein. -7- PC2013 -076