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Resolution-PC 2015-079RESOLUTION NO. PC2015-079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05816 AND VARIANCE NO. 2015-05041 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00072) (2910 EAST MIRALOMA AVENUE, SUITE C) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition to approve (1) Conditional Use Permit No. 2015-05816 to permit a "towing and impound facility" within an existing multi - tenant industrial building and Variance No. 2014-05041 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 2910 East Miraloma 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, consisting of approximately 0.86 acres is currently developed with a multi -tenant 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 18.120.050 (Northeast Area Specific Plan No. 94-1 (SP94-1) of the Zoning Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 5, 2015 at 5:00 p.m. and, due to a lack of a quorum on that date, continued to October 19, 2015, 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- 05816 and Variance No. 2015-05041 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 I — 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 - PC2015-079 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. 2015-05816, does find and determine the following: 1. The request for a conditional use permit to permit an automobile towing and impound facility is a permitted primary use in the Industrial (Development Area 1) of the Northeast Area Specific Plan Area, subject to a conditional use permit under Subsection .050 (Conditional Uses and Structures) of Section 18.120.050 (Land Use and Development Standards — Industrial Area (Development Area 1) 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 all tow trucks and impounded vehicles will be stored and staged on the property, subject to compliance with the conditions of approval contained herein. 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 because the number of parking spaces on-site would be adequate to accommodate the proposed business without impact to adjacent businesses within the complex or on the surrounding public streets or properties. 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 not exceed the typical industrial uses that would be permitted as a matter of right within Development Area 1 of the Northeast Area Specific Plan Area. 5. The granting of Conditional Use Permit No. 2015-05816 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. 2015-05041 to permit less parking than required by the Code in conjunction with towing and impound facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (36 spaces required; 30 spaces proposed) 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 all of the uses on the site. A parking justification letter and analysis was prepared by the applicant, determining that the number of parking spaces is sufficient to accommodate all businesses on the property; and - 2 - PC2015-079 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 and staging 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 will adequately accommodate parking demands of all businesses on the site; 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 an adequate ingress and egress point and the site is 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 is 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 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. 2015-05816 and Variance No. 2015-05041, 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. 2015-05816 and Variance No. 2015-05041 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 - PC2015-079 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 October 19, 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. oC � 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 October 19, 2015 by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-079 EXHIBIT "A" DEV NO. 2015-00072 E MOM `0 Source: Recorded Tract Maps and/or City GIS, Feet Please note the accuracy is +/- two to five feet. - 5 - PC2015-079 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05816 AND VARIANCE NO. 2015-05041 (DEV2015-00072) - 6 - PC2015-079 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1' The business shall be operated in accordance with the Letter of Request Planning and Building submitted as part of this application. Any changes to the business operation Department, as described in that document shall be subject to review and approval by the Planning Services Planning Director to determine substantial conformance with the Letter of Division Request and to ensure compatibility with the surrounding uses. 2. No vehicles shall be unloaded or loaded within any public right-of-way, nor Planning and Building shall any vehicles be parked or staged on said public streets. Department, Code Enforcement Division 3. The storage of impounded vehicles and tow trucks shall be permitted in the Planning and Building outdoor storage yard, and/or the indoor warehouse area only, as designated Department, on plans submitted by the applicant. The storage of impounded vehicles or Code Enforcement any other vehicles being stored on the property shall not occur within any Division required parking space. 4. No required customer or employee parking areas shall be fenced or Planning and Building otherwise enclosed for outdoor storage uses. Department, Code Enforcement Division 5. Adequate lighting of parking lots, passageways, recesses and grounds Police Department, contiguous to buildings shall be maintained with lighting of sufficient Planning and 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. 6. Adequate lighting, security cameras, and perimeter fencing shall be Planning and Building provided in the outdoor storage area on the south side of the building. Department, Code Enforcement Division 7. No maintenance and/or repair of impounded vehicles shall be permitted on Planning and Building the premises. Department, Code Enforcement Division - 6 - PC2015-079 - 7 - PC2015-079 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 8. No required parking areas shall be fenced or otherwise enclosed for outdoor Public Works, storage uses. Traffic and Transportation Division 9. Any graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the business owner shall be removed or painted over Department, within 24 hours of being applied or its discovery by the business owner. Code Enforcement Division GENERAL CONDITIONS OF APPROVAL 10. The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the petitioner Department, and which plans are on file with the Planning Department, and as Planning Services conditioned herein. Division 11. The Applicant shall defend indemnify, fy, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Code Enforcement actions or proceedings brought against Indemnitees to attack, review, set Division 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 processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, Code Enforcement whichever occurs first. Failure to pay all charges shall result in delays in the Division 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 with Planning and Building plans and specifications submitted to the City of Anaheim by the petitioner Department, and which plans are on file with the Planning Department, and as Code Enforcement conditioned herein. Division - 7 - PC2015-079