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Resolution-PC 2014-058RESOLUTION NO. PC2014 -058 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1325 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00029) (701 SOUTH BROOKHURST STREET) WHEREAS, on September 12, 1972 and subject to certain conditions of approval, the City Council of the City of Anaheim, by its Resolution No. 72R -398, approved Conditional Use Permit No. 1325 to permit a 58 -unit motel, restaurant, and cocktail lounge (herein referred to as the "Original CUP ") on that certain real property located at 701 South Brookhurst Street 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 conditions of approval which were the subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, the Planning Commission of the City of Anaheim ( "Planning Commission ") did receive a verified petition to amend the Original CUP to permit the demolition of an existing pool and storage building in conjunction with an existing 31 -unit motel facility ('Proposed Project ") pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ( "Code "). Said amendment is designated as Conditional Use Permit No. 1325A; and WHEREAS, the Property is approximately 1.3 acres in size and is developed with a 31 unit motel. The balance of the number of rooms, as well as the restaurant and cocktail lounge that were permitted under the Original CUP, were never constructed on the property. The Property is located in the General Commercial (C -G) Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Code. The Land Use Element of the Anaheim General Plan designates the Property for Low Medium Density Residential land uses; and WHEREAS, on July 14, 2014, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 1325A, 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 (ie. Class 1, Existing Facilities), which consist of, among other things, the repair, maintenance, or minor alteration of existing public or private structures, facilities or mechanical equipment, 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; - 1 - PC2014 -058 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 for Conditional Use Permit No. 1325A, does find and determine the following facts: 1. The request to amend the Original CUP to implement the Proposed Project is properly one for which a conditional use permit is authorized under paragraph .0402 of subsection .040 of Section 18.08.030 of the Code. 2. The request to amend the Original CUP, under the conditions imposed, 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 existing motel will be compatible with the surrounding commercial and residential uses in the area. 3. The size and shape of the site for the Proposed Project 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 because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 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 site is already developed with a motel and the site modifications will not increase impacts on the surrounding area. 5. The granting of Conditional Use Permit No. 1325A under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an integrated land use that is compatible with the surrounding area. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows: CUP. Conditional Use Permit No. 1325A is hereby approved, thereby amending the Original 2. Effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions of Approval hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 1325A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 1325A. -2- PC2014 -058 3. The conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 1325A 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 goosd 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. 4. Conditional Use Permit No. 1325A 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 of Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Code. 5. Approval of Conditional Use Permit No. 1325A 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. 6. The 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 14, 2014. 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 resolution of the City Council in the event of an appeal. yimta. ��* CHAIRMAN, PLANNING C MISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -058 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on July 14, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, CALDWELL, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: DALATI ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 14 day of July, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2014 -058 EXHIBIT "A" DEV2014-00029 ALVAH W STONYBROOK DR O Source: Recorded Tract Maps and /or City GI& Please note the accuracy is +/- two to five feet. - 5 - PC2014-058 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 1325A (DEV2014- 00029) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 No required parking area shall be fenced -off or otherwise enclosed for Planning Department, outdoor storage uses. Code Enforcement Division 2 The property shall be permanently maintained in an orderly fashion Planning Department, through the provision of regular landscaping maintenance and removal of Code Enforcement trash or debris. Division 3 Any graffiti painted or marked upon the premises or on any adjacent area Planning Department, under the control of the licensee shall be removed or painted over within Code Enforcement 24 hours of being applied. Division 4 A maximum of thirty one motel rooms shall be allowed on the property, Planning Department, unless approved by the Planning Commission in accordance with Code Enforcement Chapter 18.60.190 (Amendment of Permit Approval) of the Zoning Division Code. GENERAL 5 The Applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division 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. 6 The Applicant shall defend, indemnify, and hold harmless the City and Planning Department, its officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees ") from any and all claims, Division 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. 7 The property shall be developed substantially in accordance with plans Planning Department, and specifications submitted to the City of Anaheim by the applicant and Planning Services which plans are on file with the Planning Department and as conditioned Division herein. -6- PC2014 -058