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Resolution-PC 2015-089 RESOLUTION NO. PC2015-089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716 AND VARIANCE NO. 2015-05016,AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00046) (8323 EAST LA PALMA AVENUE—WEIR CANYON HONDA) WHEREAS, on October 14, 1985, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC 85-222, approved Conditional Use Permit No. 2716 (herein referred to as the "Original CUP") to permit a new and used automobile sales facility with waiver of maximum fence height on premises located at 8323 East La Palma Avenue, County of Orange, State of Califomia (the "Property"). The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference. The conditions of approval which were the subject of the Original CUP shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original CUP to permit the expansion of an existing automobile dealership facility and to approve a variance, designated as Variance No. 2015-05016, to permit more wall signs than permitted by the Zoning Code (herein referred to collectively as the "Proposed Project"), pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ("Code"). The proposed amendment to the Original CUP is hereby designated as Conditional Use Permit No. 2716C; and WHEREAS, the Property is located in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Code. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply to the Property and supersede any inconsistent regulations of the "C-G" General Commercial Zone. Except for the request to permit more wall signs than permitted by the Zoning Code under proposed Variance No. 2015-05016, the Proposed Project is not inconsistent with the site development standards contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code and will not be inconsistent with the site development standards of the "C-G" General Commercial Zone provided that the Proposed Project is approved with the conditions of approval attached hereto as Exhibit B, as the same may be modified, if at all, by the Planning Commission. The Anaheim General Plan designates this Property for General Commercial land uses; 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 -1- PC2015-089 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 — Exisfing 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 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 2, 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. 2716C and Variance No. 2015-05016 and to investigate and make findings and recommendations in connection therewith; 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. 2716C, does find and determine the following: 1. The request to permit the expansion of an existing automobile dealership is an allowable use within the "C-G" General Commercial Zone under subsection .010 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit and the zoning and development standards of both the "C-G" General Commercial Zone and Section 18.18.090 (Commercial Zones-Standards) of Chapter 18.18 (Scenic Corridor (SC) Overlay Zone); and 2. Except for the request to permit more wall signs than permitted by the Zoning Code under proposed Variance No. 2015-05016, the Proposed Project complies with the development standards of Section 18.18.090 (Commercial Zones-Standards) of Chapter 18.18 (Scenic Corridor(SC) Overlay Zone) of the Code; and 3. 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 existing access points to the site are adequate to serve the use and the project complies with the parking requirements in the Code; and 4. The size and shape of the site 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 the Proposed Project is designed to ensure its compatibility with surrounding land uses; and 5. 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; and -2- PC2015-089 6. 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, based upon the justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2015- 05016 to allow more wall signs than permitted by the Code in conjunction with an automobile dealership should be approved for the following reasons: SECTION NO. 18.18.090.050.0501 Maximum number of wall signs. (One sign per building elevation permitted; three signs per elevation proposed) I. That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because wall sign variances have been granted for other businesses in the vicinity; more specifically, wall sign variances were granted for the two automobile dealership located approximately two blocks to the south; and 2. That there are special circumstances applicable to the Property which do not apply to identical zoned properties in the vicinity because a number of physical characteristics unique to this property create a hardship that generally does not apply to other properties in the same vicinity. These physical characteristics include the lack of visibility to the closest arterial highway (Weir Canyon Road/Yorba Linda Boulevard); the property is located significantly lower than the grade of the adjacent major roadway; and the orientation of the building faces away from the closest arterial highway. 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, based upon the aforesaid findings and determinations, the Planning Commission does hereby approve Conditional Use Permit No. 2716C and Variance No. 2015-05016, contingent upon and subject to the conditions of approval, which are described in Exhibit B, and attached hereto and incorporated herein by this reference (herein referred to as the "Revised Conditions of Approval'). BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby supersede the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 2716C and Variance No. 2015-05016. Said Revised -3- PC2015-089 Conditions of Approval 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(s), (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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 2, 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. cj--� 6 X1--1e - CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015-089 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 2, 2015,by the following vote of the members thereof AYES: COMMISSIONERS: BOSTWICK, CALDWELL,HENNINGER, LIEBERMAN, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DALATI, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2015-089 EXHIBIT "A" DEV NO. 2015-00046 APN: 351-042-34 CITY OF YORBA LINDA E 5 eEaPN�ao og � ti3ea' � 90o P OF "0' a4 P� YORBA LINDA Q z N y�R8.4 �P a� liN0q P � P e p pyo Pp ; ZT � �p �♦ t♦ /\ v, Source.Recorded Tract Maps and/or City GIS. 41 rFrr Please note the accuracy is+/-two to five feet. -6- PC2015-089 EXHIBIT °B" AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716 AND VARIANCE NO. 2015-05016 (DEV2015-00046) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF GRADING PERMITS 1 The final Water Quality Management Plan (WQMP) shall be submitted for Public Works review and approval to Public Works Development Services and comply with Department, the most current requirements of the Orange County Drainage Area Development Services Management Plan(DAMP). Division PRIOR TO THE ISSUANCE OF BUILDING PERMITS 2 The developer shall obtain a right of way construction permit and post a Public Works security for construction of all public improvements within street right of way. Department, Development Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 3 The developer shall reconstruct the pedestrian ramps on the two most westerly Public Works driveways along La Palma Avenue in accordance with City Standard Detail Department, No. 111-3. The existing street light shall be relocated if it obstructs the Development Services accessible path of travel along La Palma Avenue. Division 4 All required on-site Water Quality Management Plan and public right of way Public Works improvements are subject to review and approval by the Construction Services Department, Inspector. Development Services Division GENERAL CONDITIONS 5 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to individually Department, and collectively as "Indemnitees') from any and all claims, actions or Planning Services proceedings brought against Indernnitees to attack, review, set aside, void, or Division 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 hrdemnitees 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. 6 The applicant is responsible for paying all charges related to the processing of Planning and Building this discretionary case application within 30 days of the issuance of the final Department, invoice or prior to the issuance of building permits for this project, whichever Planning Services occurs first. Failure to pay all charges shall result in delays in the issuance of Division required permits or may result in the revocation of the approval of this application. 7 The subject Property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the petitioner and Department, which plans are on file with the Planning Department, and as conditioned Planning Services herein. Division -7- PC2015-089