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Resolution-PC 2013-079RESOLUTION NO. PC2013 -079 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013-05671 AND VARIANCE NO. 2013 -04949 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00058) (519 WEST CHAPMAN AVENUE) 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. 2013 -05671 and Variance No. 2013 -04949 to establish a car rental facility within an existing neighborhood commercial center with less parking than required by Code (herein referred to as the "Proposed Project ") for certain real property located at 519 West Chapman Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.7 acres, is developed with a neighborhood commercial center. The Anaheim General Plan designates the Property for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2). As such, the Property is located in the Anaheim Resort Specific Plan Zone and is subject to the zoning and development standards described in Chapter 18.116 of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 4, 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 No. 2013 -05671 and Variance No. 2013 -04949 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 previously - certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact Report No. 2008 -00340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to EIR 313 have occurred; 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 the Proposed Project on the Property does find and determine the following facts: - 1 - PC2013 -079 1. The request to permit a car rental facility within an existing commercial retail center in the Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) is properly one for which a conditional use permit is authorized by Section 18.116.070.030 (Conditionally Permitted Uses in the Anaheim Resort) of the Code. 2. The request to permit a car rental facility would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the property is currently developed with a commercial center and the proposed use is an appropriate use within the center; and 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with a commercial center and there is no proposed expansion; and 4. The traffic generated by a car rental facility would 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 site are consistent with the existing commercial use site and the permitted businesses within the commercial center; and 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 because the subject site is a commercial center which allows retail businesses and the proposed car rental business will be compatible with the surrounding uses. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with a car rental facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (119 spaces required; 104 spaces proposed) 1. That the parking variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the Proposed Project 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 the site has ample parking spaces to accommodate all of the uses on the site. The parking study for the Proposed Project indicates that a maximum demand of 55 parking spaces is currently needed for the entire site; a total of 66 spaces will be needed to accommodate all of the uses, including the proposed car rental facility. The site will provide a total of 104 spaces, therefore, ample parking will be provided for the site; and 2. That the parking 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 Project because the on -site parking within the center will adequately accommodate the parking demands of the proposed Proposed Project; and -2- PC2013 -079 3. That the parking 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 Project because the on -site parking for the center will adequately accommodate parking demands of all uses on the site. The site will generate a parking demand of 66 parking spaces and 104 parking spaces will be provided; and 4. That the parking variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the Proposed Project 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 parking 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 Project 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 center; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05671 and Variance No. 2013 - 04949, contingent upon and 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. 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. -3 - PC2013 -079 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 shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 4, 2013. 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. vaibc ohl CHAIR, ANAHEIM CITY PLA ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 November 4, 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 4 day of November, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -079 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05671 VARIANCE NO. 2013-04949 (DEV2013- 00058) - 5 - PC2013 -079 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY GENERAL 1 Granting of the variance shall be contingent upon operation of this facility in Planning conformance with the assumptions and/or conclusions relating to the Department, operation and intensity of this use as described in the parking study prepared Code by the applicant, except as otherwise allowed by Condition No. 2, below. Enforcement Exceeding, violating, intensifying or otherwise deviating from any of said Division assumptions and/or conclusions, as contained in the study, may subject this permit to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. 2 No more than five rental cars may be stored on site at any time and these Planning vehicles shall be stored within the designated front parking lot area shown on Department, the approved exhibits. Code Enforcement Division 3 Signs, banners, balloons, or other advertising devices shall not be permitted Planning on the rental cars located within the parking lot areas. Department, Code Enforcement Division 4 Portions of the property under control of the tenant shall be permanently Planning maintained in an orderly fashion through the provision of regular Department, landscaping maintenance, removal of trash or debris, and removal of Code graffiti within twenty four (24) hours from time of occurrence. Enforcement Division 5 The subject Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the petitioner Department, and which plans are on file with the Planning Department, and as Planning conditioned herein. Services Division 6 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees ") from any and all claims, Planning actions or proceedings brought against Indemnitees to attack, review, set Services aside, void, or annul the decision of the Indemnitees concerning this Division - 5 - PC2013 -079 -6- PC2013 -079 REVIEW SIGNED NO, CONDITIONS OF APPROVAL BY OFF BY GENERAL 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. 7 The applicant is responsible for paying all charges related to the processing Planning of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, Planning whichever occurs first. Failure to pay all charges shall result in delays in the Services issuance of required permits or may result in the revocation of the approval Division of this application. -6- PC2013 -079