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Resolution-PC 2015-030RESOLUTION NO. PC2015 -030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015 -05788 AND VARIANCE NO. 2015 -05008 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015- 00027) (2830 EAST GRETTA LANE) WHEREAS, the Planning Commission of the City of Anaheim (the 'Planning Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05788 to permit differential repair and sales facility for commercial vehicles and automobiles, and (ii) Variance No. 2015 -05008 to allow fewer parking spaces than required by the Anaheim Municipal Code (the "Code ") (collectively referred to herein as the 'Proposed Project ") for premises located at that certain real property at 2830 East Gretta Lane 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 is approximately 0.6 acres in size and is currently developed with an industrial building. 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 of Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP 94 -1) Zoning and Development Standards) of the Code. The underlying base zone for the Property is the "I" Industrial Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 6, 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. 2015 -05788 and Varaince No. 2015- 05008, 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 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. 2015- 05788, does find and determine the following: - 1 - PC2015 -030 1. The request for a conditional use permit to permit a differential sales and repair facility is properly one for which a conditional use permit is authorized by Code Section No 18.120.050.050.0505, subject to the imposition of conditions of approval. 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 an industrial building 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 the transmission repair facility only services large commercial transmissions that are delivered to the site. 5. The granting of Conditional Use Permit No. 2015 -05788 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 a variance for 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; 11 spaces proposed) 1. Based, in part, upon a review of the findings of a parking justification analysis submitted by the applicant, 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 because majority of the repair would be for commercial vehicles and the repairs to the general public would be minimal; 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 peak parking demands of the proposed automotive repair facility; -2- PC2015 -030 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 automotive repair facility will adequately accommodate peak parking demands of the use on the site; 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; 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 and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the industrial property. 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 that the Planning Commission does hereby approve Conditional Use Permit No. No. 2015 -05788 and Variance No. 2015- 05008, contingent upon and subject to the conditions of approval set forth 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 under Variance No. 2015 -05008 and Conditional Use Permit No. 2015 -05788 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. -3- PC2015 -030 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 6, 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. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -030 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 April 6, 2015 by the following vote of the members thereof AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 6 th day of April, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2015 -030 EXHIBIT "A" DEV NO. 2015 -00027 1 APN: 344 - 051 -08 P, DO E� 2 G G 3 13 CP 00 2P � a Ci X32 a�- �P 5 �P E �A vp'V" �vE 0 ° sa iaa Source: Recorded Tract Maps and/or City GIS. reec Please note the accuracy is +I- two to five feet. -6- PC2015 -030 EXHIBIT "B" VARIANCE NO. 2015-05008 CONDITIONAL USE PERMIT NO. 2015-05788 (DEV2015- 00027) -7- PC2015 -030 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 ' The trash enclosure shall be maintained in a location acceptable to Public Works the Public Works Department, Streets and Sanitation Division, and in Department, Streets and accordance with approved plans on file with said Department. Sanitation 2. All requests for new water services or fire lines, as well as any Public Utilities modifications, relocations, or abandonments of existing water Department, Water services and fire lines, shall be coordinated through the Water Engineering Division Engineering Division of the Anaheim Public Utilities Department. 3. Any graffiti painted or marked upon the premises or on any adjacent Planning Department, area under the control of the business owner shall be removed or Code Enforcement painted over within 24 hours of being applied. Division 4. All work shall be conducted wholly within the building. Planning Department, Planning Services Division 5. The building shall be equipped with a comprehensive security alarm Police Department, system (silent or audible) for the following coverage areas: Planning & Research • The perimeter of the building an access route protection Unit • High valued storage areas • Interior building door to shipping and receiving area 6. The applicant shall complete a Burglary /Robbery Alarm Permit Police Department, application, Form APD 516, and return it to the Police Department Planning & Research prior to initial alarm activation. This form is available at the Police Unit Department front counter, or it can be emailed to applicant by contacting Officer Budds at mbuddskanaheim.net 7. Rooftop address numbers for the police helicopter shall be painted Police Department, on the roof of the office building. The addresses shall have a Planning & Research minimum size of 4' in height and 2' in width. The lines of the Unit numbers are to be a minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. -7- PC2015 -030 -8- PC2015 -030 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 8. Adequate lighting of parking lots, passageways, recesses, and grounds police Department, contiguous to buildings shall be provided with lighting of sufficient Planning & Research wattage to provide adequate illumination to make clearly visible the Unit 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. GENERAL CONDITIONS OF APPROVAL 9. The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees ") from any Division 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. 10. 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 Division 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. 11. The subject Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Anaheim by Planning Services the petitioner and which plans are on file with the Planning Division Department, and as conditioned herein. -8- PC2015 -030