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Resolution-PC 2013-083RESOLUTION NO. PC2013 -083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05701 MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00101) (5630 -5640 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05701 to permit an attended donation facility (the "Proposed Project ") in an existing commercial center on a portion of that certain real property located at 5630 -5640 East La Palma Avenue in the City of Anaheim, 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 several commercial parcels measuring 2.6- acres, is developed with a 64,250 square foot commercial office building located in the SP94 -1, DA5 (Specific Plan 94 -1, Development Area 5) Scenic Corridor (SC) zone. The Property is designated for General Commercial land uses in the City of Anaheim General Plan; and WHEREAS, the Proposed Project is a use that is not authorized or mentioned in any zone throughout the City. However, subsection .020.0201 of Section 18.66.040 of the Anaheim Municipal Code (the "Code ") authorizes such a use or type of development to be authorized by conditional use permit provided that the Planning Director has first determined that the use does not fit into an existing use class; and WHEREAS, pursuant to subsection .020.0201 of Section 18.66.040 of the Code, the Planning Director has heretofore determined that the Proposed Project does not fit into an existing use class and has, therefore, referred the Proposed Project to the Planning Commission for consideration by conditional use permit; and WHEREAS, on December 2, 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 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 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 consists of, in pertinent part, the construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations (Class 3 - New Construction or Conversion of Small Structures), the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2013 -083 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 attended donation facility, does find and determine the following facts: 1. The proposed conditional use permit request to allow an attended donation facility in Development Area 5 of the Northeast Area Specific Plan Area (Specific Plan No. 94- 1) is properly one for which a conditional use permit is authorized under subsection .020.0201 of Section 18.66.040 (Unlisted Uses) of the Code; and 2. The Proposed Project 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 Project is consistent and compatible with existing commercial center activities. In addition, the area around the Proposed Project will be regularly monitored and maintained in order to avoid an accumulation of debris; and 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project would be located to the rear of an existing commercial center and will not interfere with on -site parking and vehicular circulation; and 4. The traffic generated by the Proposed Project 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 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 commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 - 05701, 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 for the Proposed Project 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. -2- PC2013 -083 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 Project 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 2, 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. J && CHAIR, ANAHEIM CITY P NNING 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 December 2, 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 2 nd day of December, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2013 -083 EXHIBIT "A" DEV NO. 2013-00101 1 APN: 346- 451 -11 E LA PALMA AVE 64' F- i" m rn 120' 67' J Q O � o Li! CL Z 259' Q oo 511 ioo Source: Recorded Tract Maps and /or City GIS. Fee. Please note the accuracy is +/- two to five feet. -4- PC2013 -083 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05701 (DEV2013- 00101) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees ") from Planning any and all claims, actions or proceedings brought against Services Indemnitees to attack, review, set aside, void, or annul the Division 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. 2 The attended donation facility shall be operated in accordance Planning with the Operational Plan/Parking Demand letter submitted as part Department, of this application. Any changes to operations shall be subject to Planning prior review and approval by the Planning Director to ensure Services continued compatibility with surrounding uses. Division 3 A sign shall placed on the trailer in a prominent location denoting Planning the hours of operation and stating that donated goods may be Department, dropped off only when an attendant is present. The sign shall also Planning provide a contact telephone number to a responsible party. The Services sign must be present on the trailer at all times when located on the Division property. 4 No temporary or portable signs directed towards traffic on the Planning adjacent public rights of way shall be placed on the property. Department, Planning Services Division 5 Any graffiti painted or marked upon the premises or on any Planning adjacent area under the control of the property owner shall be Department, removed or painted over within 24 hours of being applied. Code Enforcement Division -5- PC2013 -083 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 6 No required parking area shall be fenced or otherwise enclosed for Planning outdoor storage. Department, Code Enforcement Division 7 The applicant shall be responsible for maintaining the area Planning surrounding the donation facility through regular maintenance and Department, removal of trash or debris. The area surrounding the donation Planning facility shall be kept in a clean and orderly condition at all times. Services All donated goods shall be placed inside the trailer immediately Division following the public drop -off and maintained inside the trailer at all times. Removal of all debris or items associated with this use shall occur per the Operational Plan but no later than 24 hours. 8 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of Planning building permits for this project, whichever occurs first. Failure Services to pay all charges shall result in delays in the issuance of required Division permits or may result in the revocation of the approval of this application. 9 The property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning Division Planning marked Exhibit No. 1 (Site Plan), and as conditioned herein. Services Division -6- PC2013 -083