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Resolution-PC 2015-010RESOLUTION NO. PC2015 -010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05756 AND VARIANCE NO. 2015 -05001 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00089) (2926 EAST MIRALOMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified petition for (a) Conditional Use Permit No. 2014 -05756 to permit retail sales of automobiles at an existing wholesale automobile business, and (b) Variance No. 2015 -05001 to permit fewer off - street parking spaces than required by the Zoning Code (herein referred to collectively as the "Proposed Project ") for premises known as 2926 East Miraloma Avenue in the City of Anaheim, County of Orange, State of California, the boundaries of which commercial center are 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 0.86 acres, is developed with an office building and storage areas for a wholesale automobile business. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the Industrial Area (Development Area 1) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards contained in Section 18.120.050 of the Anaheim Municipal Code (the "Code "), combined with the zoning and development standards of the underlying base zone for the Property, which is the "I" Industrial Zone. Unless otherwise indicated in Section 18.120.050 of the Code, the standards of the "I" Industrial Zone contained in Chapter 18.10 (Industrial Zone) of the Code shall apply to the Property; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 26, 2015 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 proposed Conditional Use Permit No. 2014 -05756 and Variance No. 2015- 05001, 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 (i.e., Class 1 — Existing Facilities) 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 Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2015 -010 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 for Conditional Use Permit No. 2014 - 05756, does find and determine the following facts: 1. The request for a conditional use permit for retail sales of automobiles at an existing wholesale automobile business is properly one for which a conditional use permit is authorized under paragraph .0547 of Subsection .050 (Conditional Uses and Structures) of Section 18.120.050 [Land Use and Development Standards — Industrial Area (Development Area 1)] of the Code, subject to a conditional use permit. 2. The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a wholesale automobile business and is surrounded by other industrial uses. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because automobile sales is within a class of uses already anticipated and analyzed for traffic generation on these streets and highways. 5. The granting of Conditional Use Permit No. 2014 -05756 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. WHEREAS, based upon the parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2015 -05001 to permit less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces (36 spaces required; 14 spaces proposed) 1. That the variance, under the conditions imposed, 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. A justification letter was prepared by the applicant, determining that the current number of parking spaces at the business is sufficient to accommodate the uses on the site, including the retail sales; 2. That the 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 use because the on -site parking will adequately accommodate the parking demands of the automobile sales business; -2- PC2015 -010 3. That the 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 use because the on -site parking for the automobile sales business will adequately accommodate peak parking demands; 4. That the variance, under the conditions imposed, 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 the property and are designed to allow for adequate on -site circulation that will accommodate the proposed use; and 5. That the 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 use because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation that will accommodate the proposed use and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the business; and 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, for the reasons hereinabove stated, that Conditional Use Permit No. 2014 -05756 and Variance No. 2015 -05001 are hereby approved, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2014 -05756 and Variance No. 2015 -05001 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 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. -3 - PC2015 -010 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 26, 2015. 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. ., CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 January 26, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of January, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -010 EXHIBIT "A" DEV NO. 2014 -00089 APN : 344- 331 -04 -5 - PC2015 -010 ° 50 Y0Q Source: Recorded Tract Maps and /or City GIS. v Feet Please note the accuracy is +l- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05756 AND VARIANCE NO. 2015-05001 (DEV2014- 00089) -6- PC2015 -010 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 ' Vehicles shall only be stored in vehicle storage areas identified on Planning Department, the site plan. Vehicles may not be parked or stored in any Code Enforcement driveway, unmarked parking space, or vehicle pathway as Division indicated on the site plan. Vehicles may not be affixed with signs or used for advertising purposes. 2. All vehicle deliveries including loading and unloading shall be Public Works performed on site. No loading or unloading of vehicles shall occur Department, in the public right of way. Delivery vehicles shall not block any Traffic Engineering part of the public right of way. Divisions 3. The seven parking spaces on the north side of the office building Planning Department, shall be used for Department of Motor Vehicles (DMV) vehicle display and customers or employees only, as designated on the site Code Enforcement plan. No vehicle storage shall be allowed in this Division customer /employee parking area. 4. Vehicle display spaces must be provided on the property in Planning Department, accordance with all DMV requirements or specifications. Code Enforcement Additional display spaces shall not be permitted. Division 5. The business shall be subject to bimonthly inspections from Code Planning Department, Enforcement for the first six (6) months commencing from the date Planning Services of this resolution. Planning Department staff will report back to Division the Planning Commission as a "Reports and Recommendations" (R &R) item on the status of the operation to ensure no impacts have been created associated with the business operations. At the end of the six month period the applicant /business owner shall provide a letter to the Planning Commission demonstrating compliance with all conditions of approval. The business owner shall pay for the cost of the Code Enforcement inspections in the first six month period and for the processing of this R &R item. -6- PC2015 -010 -7- PC2015 -010 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 6. The property shall be permanently maintained in an orderly fashion Planning Department, through the provision of regular landscaping maintenance and Code Enforcement removal of trash or debris. Division GENERAL CONDITIONS OFAPPROVAL 7. The Applicant shall defend, indemnify, and hold harmless the Planning Department, City and its officials, officers, employees and agents Planning Services (collectively referred to individually and collectively as Division "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. 8. The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of Division 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. 9. The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the City Planning Services of Anaheim by the petitioner and which plans are on file with Division the Planning Department, and as conditioned herein. -7- PC2015 -010