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Resolution-PC 2015-099RESOLUTION NO. PC2015-099 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00076) (5120 EAST LA PALMA AVENUE, SUITE NO. 102) 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- 05819 to permit a car rental agency within an existing office and industrial complex, and (ii) Variance No. 2015-05049 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 5120 East La Palma Avenue, Suite 102 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 6.8 acres in size and is currently developed with an industrial and office complex. The Property is located in the Expanded Industrial Area (Development Area 2) 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, combined with the zoning and development standards of the underlying base zone for the Property, which is the "I" Industrial Zone. 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 shall apply to the Property and shall supersede any inconsistent regulations of the "I" Industrial Zone. The Anaheim General Plan designates the Property for Office -Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 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. 2015-05819 and Variance No. 2015-05049, 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 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 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 - I - PC2015-099 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. 2015-05819, does find and determine the following: 1. The proposed request to permit a car rental agency within an existing industrial and office complex is properly one for which a conditional use permit is authorized under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial Zone) as "Automotive—Vehicle Sales, Lease & Rental", as referenced in paragraph .0402 of subsection .040 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code. 2. The proposed conditional use permit to permit a car rental agency, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the car rental agency would be located within an existing building surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the car rental agency in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial and office building that is surrounded by industrial and office uses. 4. The traffic generated by the car rental agency 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. 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 continue to be integrated with the surrounding office and industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the number of off-street parking spaces required under the Code for the proposed car rental agency, when added to the total number of such parking spaces required by the Code and the total number of such spaces that exist at the Property, represents a small or de minimis increase. Nevertheless, because the number of parking spaces required by the Code for all uses, including the Proposed Project, is less than the actual number of parking spaces that exist, a variance must be approved for the Property; and WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, 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. (479 spaces required; 374 spaces proposed) - 2 - PC2015-099 I . The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property, including the proposed car rental agency, than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses. With respect to the other industrial and office complex uses, the observations made by staff indicate that the number of parking spaces needed and used are less than the number of spaces that exist, and the parking demand will not exceed the the minimum number of spaces required by the Code; 2. That the variance for the Property, 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 all combined uses on the site; 3. That the variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking for the industrial and office complex, including the proposed car rental agency, will adequately accommodate peak parking demands of all uses on the site; 4. That the variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. That the variance for the Property, 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 Property because the Property 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 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. - 3 - PC2015-099 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05819 and Variance No. 2015-05049, 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. 2015-05049 and Conditional Use Permit No. 2015-05819 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 14, 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: ,za-1;7�� - SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-099 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 December 14, 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 14th day of December, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015-099 EXHIBIT "A" DEV NO. 2015-00076 APN: 346-442-02 0 0 0 J J W Z E LA PALMA AVE 446'CD io `O o 476' o 50 o Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2015-099 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049 (DEV2015-00076) - 7 - PC2015-099 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1. 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. Code Enforcement Division 2. No after hours drop-off of rental cars, or overnight parking of client's Planning and Building personal cars, shall be allowed on-site. Department, Code Enforcement Division 3. No more than 10 rental cars may be stored on site at any time, including no Planning and Building more than 5 rental cars displayed in the parking lot in front of the business Department, premises, and the balance stored in spaces at the back of the complex, along the southern property line. Code Enforcement Division 4. No signage shall be applied to any cars in the parking lot associated with the Planning and Building car rental agency. Department, Code Enforcement Division 5. No washing, repair, or maintenance of rental cars shall be conducted on-site. Planning and Building Department, Code Enforcement Division 6. 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 Director to determine substantial conformance with the Letter of Planning Services Request and to ensure compatibility with the surrounding uses. Division GENERAL CONDITIONS OF APPROVAL 7. 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 - 7 - PC2015-099 - 8 - PC2015-099 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT proceedings brought against Indemnitees 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 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. 8. 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, whichever occurs first. Failure to pay all charges shall result in delays in the Planning Services issuance of required permits or may result in the revocation of the approval Division of this application. 9. The premises of the car rental agency shall be developed substantially in Planning and Building accordance with plans and specifications submitted to the City of Anaheim Department, by the petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division - 8 - PC2015-099