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Resolution-PC 2015-059RESOLUTION NO. PC2015-059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05814 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00069) (1515 SOUTH MANCHESTER AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015- 05814 to utilize an existing 158,708 square foot warehouse and office building for "back -of - house" office and warehouse uses to support Disneyland Resort theme parks, hotels and entertainment venues (the "Proposed Project"). The warehouse and office is located at 1515 South Manchester Avenue, 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 9.4 acres in size and is designated under the Anaheim Genreral Plan for Commercial Recreation land uses. The Property is located within the boundaries of Anaheim Resort Specific Plan No. 92-2 ("ARSP"). As such, the Property is located in the Commercial Recreation (C-R) District identified as Development Area 1 of Exhibit 3.3.1 of the Anaheim Resort Specific Plan (SP 92-2) document entitled "Development Plan" and is subject to the zoning and development standards set forth in Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Proposed Project is not among the uses permitted in the Commercial Recreation (C-R) District; provided, however, that pursuant to the authority conferred upon the Planning Commission under Table 116-C [Primary Uses and Structures: C-R District (Development Area 1)] of Section 18.116. 070 [Uses — Commercial Recreation (C-R) District (Development Area 1)] of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Code, the Proposed Project may be permitted subject to a conditional use permit if the Planning Commission determines that such uses are consistent and compatible with the intended purpose of the Anaheim Resort Specific Plan (SP 92-2); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 24, 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. 2015-05814, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2015-059 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 which involve negligible or no expansion of an existing use [i.e., Section 15301 (Existing Facilities)] and that, therefore, pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines, will not cause a significant effect on the environment and is, therefore, categorically exempt ftom 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- 05814, does find and determine the following: 1. Pursuant to the authority conferred upon the Planning Commission under Table 116-C [Primary Uses and Structures: C-R District (Development Area 1)] of Section 18.116. 070 [Uses — Commercial Recreation (C-R) District (Development Area 1)] of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2) Zoning and Development Standards) of the Code, the Planning Commission finds and determines that the Proposed Project is not listed as a use permitted within Commercial Recreation (C-R) District but is, however, properly one for which a conditional use permit is authorized by the Code because it is consistent and compatible with the intended purpose of Anaheim Resort Specific Plan (SP 92-2). 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 resort and tourism related uses in the zone; 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 no exterior modifications are proposed and there is more than sufficient parking to support the proposed uses; 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. Further, the proposed use would result in a substantial reduction in the number of vehicle trips compared to the former use approved on the site; and - 2 - PC2015-059 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 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. 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. 2015-05814, 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 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. 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. -3 - PC2015-059 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 24, 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. CHA MAN, 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 August 24, 2015 by the following vote of the members thereof. AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 24`i' day of August, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-059 DEV NO. 2015-00069 AP N : 082-211-01 sem, �F F 600' F Spy F O moo, v 1001' t7. 4t v o so ioo Source: Recorded Tract Maps and/or City GIS. O Feet Please note the accuracy is +/- two to five feet. - 5 - PC2015-059 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05814 (DEV2015-00069) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1. Prior to approval of building plans, the property owner/developer shall Fire Department provide written evidence to the satisfaction of the Fire Department that all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 2. Any new air conditioning facilities and other roof and ground -mounted Planning & Building, equipment shall be shown on plans as shielded from public view and the Planning Services sound buffered to comply with City of Anaheim noise ordinances from any Division adjacent residential or transient -occupied properties. A note indicating that these improvements shall be installed prior to final building and zoning inspections shall be specifically shown on the plans submitted for building permits. ONGOING DURING OPERA TIONS 3. Ongoing, the property owner/developer shall be responsible for the removal Planning & Building, of any on-site graffiti within 24 hours of its application. Code Enforcement Division 4. Ongoing during project operation, the property owner/developer shall Planning & Building, implement measures to reduce emissions to the extent practical, schedule Planning Services goods movements for off-peak traffic hours, and use clean fuel for vehicles Division and other equipment, as practicable. 5. Ongoing during construction and project operation, sweeping operations in Planning & Building, the parking facilities and private on-site roadways shall be performed Code Enforcement utilizing sweeping/scrubbing equipment which operate at a level measured Division not greater than 60 dBA at the nearest adjacent property line. 6. Ongoing during project operation, the property owner/developer shall provide Police Department private security on the premises to maintain adequate security for the entire project subject to review and approval of the Police Department. The use of security patrols and electronic security devices (i.e., video monitors) should be considered to reduce the potential for criminal activity in the area. 7. Ongoing during project operation, the following practices shall be Public Works implemented, as feasible, by the property owner/developer: Department a. Usage of recycled paper products for stationary, letterhead, and packaging. b. Recovery of materials such as aluminum and cardboard. c. Collection of office paper for recycling. d. Collection of polystyrene (foam) cups for recycling. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. - 6 - PC2015-059 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 8. The Applicant shall defend, indemnify, and hold harmless the City and its Planning & Building, officials, officers, employees and agents (collectively referred to individually Planning Services and collectively as "Indemnitees") from any and all claims, actions or Division 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. 9. The applicant is responsible for paying all charges related to the processing Planning & Building, of this discretionary case application within 30 days of the issuance of the Planning Services final invoice or prior to the issuance of building permits for this project, Division 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. 10. The subject Property shall be developed substantially in accordance with Planning & Building, plans and specifications submitted to the City of Anaheim by the petitioner Planning Services and which plans are on file with the Planning Department, and as conditioned Division herein. - 7 - PC2015-059