Loading...
Resolution-PC 2015-052RESOLUTION NO. PC2015-052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05800 AND VARIANCE NO. 2015-05024 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00047) (520 NORTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-055800 to permit "Automotive - Sales Agency Offices" in an existing office building and Variance No. 2014-05024 to permit fewer off-street parking spaces than required by the Zoning Code (herein referred to collectively as the "Proposed Project") for certain real property at 520 North Brookhurst Street, 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 1.54 acres is currently developed with an office building. The Anaheim General Plan designates the Property for Office Low land uses. The Property is located in the "C -G" General Commercial Zone and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) and Section 18.38.065 (Automotive — Sales Agency Office) of the Zoning Code (the "Code"); WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 27, 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. 2015-05800 and Variance No. 2015-05024 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated 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 the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2015-052 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. 2015-05800, does find and determine the following: 1. The request for a conditional use permit to permit an "Automotive -Sales Agency Office" within an existing office building is an allowable primary use in the "C -G" General Commercial Zone authorized by Subsection .010 of Section 18.08.030 (Uses) of the Code subject to a conditional use permit and the zoning and development standards of Section 18.38.065 (Automotive — Sales Agency Office) of the Code. 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 office building and, based upon the parking justification letter described below, there are a sufficient number of parking spaces in the parking lot to accommodate the parking demand for all proposed 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 number of vehicles entering and exiting the site would be less than the typical office uses that would be permitted as a matter of right within the "C -G" General Commercial Zone. 5. The granting of Conditional Use Permit No. 2015-05800 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. 2015-05024 to permit less parking than required by the Code in conjunction with automotive sales agency offices within an existing office building should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking_ Spaces. (117 spaces required; 81 spaces proposed with 20 additional designated DMV required spaces provided) 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 the use on the site. A parking justification letter and analysis was prepared by the applicant, determining that the current number of parking spaces is sufficient to accommodate the use. The site would provide a total of 81 parking spaces and 20 designated DMV required spaces; and - 2 - PC2015-052 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 on the Property will adequately accommodate the parking demands of the Proposed Project; and 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 on the Property will adequately accommodate parking demands of all uses on the site. The site will generate a parking demand of 117 parking spaces and 81 parking spaces will be provided for employee and customer parking; 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 office building; 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 that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05800 and Variance No. 2015-05024, 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 Conditional Use Permit No. 2015-05800 and Variance No. 2015-05024 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 - PC2015-052 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 July 27, 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. C��Lz eC CHAIRMAN, 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 July 27, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of July, 2015. y SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-052 APN: 072-072-04 W CRESCENT AVE H u'f H 2 Y 0 0 M� W ISI 00 50 lou FeetO EXHIBIT "A" DEV NO. 2015-00047 W CRESCENT AVE nA W ALAMEDA AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/-two to five feet. - 5 - PC2015-052 18' 150' 120' ac N W co N 270' nA W ALAMEDA AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/-two to five feet. - 5 - PC2015-052 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05800 AND VARIANCE NO. 2015-05024 (DEV2015-00047) - 6 - PC2015-052 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1' A maximum of ten (10) retail automotive sales office businesses, Planning & Building with a combined total of twenty (20) display spaces shall be Department, permitted on-site. Code Enforcement Division 2' No on-site storage of automobiles is permitted outside of 20 Planning & Building DMVdisplay spaces. Department, Code Enforcement Division 3. On -street parking of automobiles for sale is prohibited. Planning & Building Department, Code Enforcement Division 4. The twenty (20) permitted automotive display spaces within the Planning & Building parking lot shall be clearly signed and delineated as automotive Department, display spaces, as shown on approved Exhibit No. 1 on file with the Code Enforcement Planning Department. Division 5. Signs, banners, balloons or other advertising devices shall be Planning & Building prohibited to be displayed on any vehicles for sale, except for the Department, minimum identification required by the California Department of Code Enforcement Motor Vehicles. Division 6. Automobiles in the possession or under the control of any person Planning & Building operating an Automotive — Sales Agency Office and offered for sale Department, to a consumer shall not be stored, sold, or displayed upon any public Code Enforcement street or highway. [See paragraph .0104 of Subsection .010 of Division Section 18.38.065 of the Anaheim Municipal Code.] 7' Any graffiti painted or marked upon the premises or on any adjacent Planning & Building area under the control of the business owner shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement Division - 6 - PC2015-052 - 7 - PC2015-052 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. 9. On-going during project operations, any vehicle deliveries, including Public Works, loading and unloading, shall be performed on-site. Delivery vehicles Traffic Engineering shall not block any part of the public right-of-way. Division GENERAL CONDITIONS OF APPROVAL 10. All leases and subleases relating to all or any part of the subject Planning & Building Property shall expressly reference and be subject to all of the Department, operational conditions of Conditional Use Permit No. 2015-05800. Code Enforcement Division 11. The Applicant shall defend, indemnify, and hold harmless the City Planning & Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any Code Enforcement and all claims, actions or proceedings brought against Indemnitees Division 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. 12. The applicant is responsible for paying all charges related to the Planning & Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Code Enforcement permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 13. The subject Property shall be developed substantially in accordance Planning & Building with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Code Enforcement Department, and as conditioned herein. Division - 7 - PC2015-052