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Resolution-PC 2016-023RESOLUTION NO. PC2016-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2016-05059 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00123) (321 - 327 NORTH ANAHEIM BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05842 and Variance No. 2015-05059 to permit the expansion of an existing auto body, repair, and sales facility, and Variance No. 2016-05059 for front and interior setbacks less than required by Anaheim Municipal Code (the "Code"), less parking spaces than required by the Code, and a waiver of street dedication and improvement requirements (herein referred to collectively as the "Proposed Project") on that certain real property located at 321 - 327 North Anaheim Boulevard 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 0.51 acres in size and is currently developed with an auto body/paint shop and auto sales business. The Anaheim General Plan designates the Property for "Mixed Use" land uses. The Property is located within the "C -G" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (General Commercial Zone) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 7, 2016 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. 2015-05842 and Variance No. 2015-05059 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, subsequent to giving notice of said public hearing, it was determined that the variances for a reduced interior setback, waiver of street dedication and improvement, and less parking spaces than required by the Code in conjunction with Variance No. 2016-05059, was not warranted. Accordingly, those variance requests have been eliminated as a part of the petitioner's request and is not a part of the Proposed Project; 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; 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 - PC2016-023 WHEREAS, 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, among other things, the repair, maintenance, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination. Section 15301 (Existing Facilities) of the CEQA Guidelines provides examples of projects that might qualify for an exemption from the provisions of CEQA. The one example that is applicable to the Proposed Project is for: "(e) Additions to existing structures provided that the addition will not result in an increase of more than .. . (1).... (2) 10,000 square feet if: (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive." The Proposed Project meets the criteria of Section 15301 of the CEQA Guidelines, and, therefore, pursuant to Section 15301 of Title 14 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, 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 pertaining to the request for Conditional Use Permit No. 2015-05842, does find and determine the following facts: 1. The proposed request to expand the existing Automotive -Repair & Modification and Automotive -Vehicle Sales, Lease & Rental uses at the Property is within that class of primary uses within the "C -G" General Commercial Zone, which is subject to a conditional use permit as authorized under Table 8-A of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code. 2. The proposed conditional use permit, 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. The Proposed Project will continue to operate in a manner which is not detrimental to adjacent properties, and will improve the operations as all repair and modification uses will be conducted inside the remodeled building and in accordance with the Code with the exception of the front setbacks described below. 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 the Proposed Project has been designed to comply with all Code requirements (with the exception of the reduced front setbacks described below). - 2 - PC2016-023 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 number of vehicles entering and exiting the site is consistent with the Automotive -Repair & Modification and Automotive- Vehicle Sales, Lease & Rental uses that are conditionally permitted in the "C -G" General Commercial Zone. 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 Project will be compatible with the surrounding area through conditions of approval for the use and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, paragraphs .0101 and .0102 of Subsection .010 (Setbacks) of Section 18.08.060 (Structural Setbacks) of Chapter 18.08 (Commercial Zones of the Code require the minimum landscaped and structural setbacks in the Commercial Zones abutting a local street, such as Adele Street, to be ten (10) feet, "as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan". Those setback requirements apply in addition to the setback and yard requirements set forth in paragraph .0201 (Street Setbacks for Non -Residential and Multiple -Family Residential Lots) of Subsection .020 (Measurements) of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) of the Code, which require "the minimum setbacks for all non- residential ... lots and parcels adjoining [a] ... public ... street[] ... [to] be measured from the closest building to the ... [t]he ultimate right-of-way of any adjacent public street or arterial highway ...." Because the Proposed Project shows a setback of six (6) feet from the ultimate right-of-way of Adele Street, the applicant has requested a variance from the setback requirements; 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 pertaining to the request to expand an existing auto body/paint shop and sales use with front setbacks less than required by Code, has determined that Variance No. 2015-05059 should be approved for the following reasons: SECTION NO. 18.08.060.010 Structural and Landscaped setbacks adjacent to a Local Street. (10 feet required; 6 feet proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other properties under the identical zoning classification in the vicinity of the proposed Project, because the site improvements and the increased setback along Adele Street (from 0 feet to 6 feet) is designed in a manner that is sensitive to the adjacent properties by providing a reasonable front landscape setback with significantly more landscaping than what exists on the site currently. With a variance, the property owner would be allowed to develop the property in a manner that is compatible with the other commercial uses along Anaheim Boulevard. - 3 - PC2016-023 2. That, because of these special circumstances, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under the identical zoning classification in the vicinity because the existing building is legal nonconforming due to the zero lot line setback along Adele Street. Implementation of the project would reduce this nonconformity, as the project includes the removal of a 6 -foot portion of the building that is located along Adele Street; thereby reducing the nonconforming setback from zero feet to six feet. With a variance, the property owner would be allowed to develop the property in a manner that is compatible with the other commercial uses along Anaheim Boulevard. 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. 2015-05842 and Variance No. 2015-05059, 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. 2015-05842 and Variance No. 2015-05059 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. - 4 - PC2016-023 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 7, 2016. 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. CH , 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 March 7, 2016, 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 7'h day of March, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-023 EXHIBIT "A" DEV NO. 2015-00123 APN: 035-102-26 E ppglf SZ W P�EIf `'t tt2' 2 y'2 i N >; 3 ,r c 0 All, E 0 PRE55 ST N y2 RE SS Y \N CVP 55 m 3 G O U Source: Recorded Tract Maps and/or City GIS. Fee( Please note the accuracy is +/- two to five feet. - 6 - PC2016-023 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2015-05059 (DEV2015-00123) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OFA BUILDING PERMIT 1 All requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments of Department, existing water services, backflow equipment, and fire lines, shall Water Engineering be coordinated and permitted through Water Engineering Division Division of the Anaheim Public Utilities Department. 2 Building plans shall show conformance with the current version of Public Works Engineering Standard Details 402, 436, 470, and 471 pertaining to Department, parking standards. Subject property shall thereupon be developed Traffic Engineering and maintained in conformance with said plans. Division 3 A plan sheet for solid waste storage and collection and a plan for Public Works recycling shall be submitted to the Public Works Department, Department, Streets and Sanitation Division for review and approval. Streets and Sanitation Division 4 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Department, Division and in accordance with approved plans on file with said Streets and Sanitation Department. Said storage areas shall be designed, located and screened Division so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1 -gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 5 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to Electrical Engineering establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 6 The property owner shall irrevocably offer to dedicate in a signed deed Public Works, to the City of Anaheim an easement 53- feet in width from the Development Services centerline of Anaheim Boulevard and a comer cut-off dedication at Division Anaheim Boulevard and Adele Street for road, public utilities, and other public purposes. 7 The developer shall obtain a right-of-way construction permit and post Public Works, a security for construction of all required public improvements within Development Services street right of way. Division - 7 - PC2016-023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The legal property owner shall submit a Lot Line Adjustment to Public Public Works, Works, Development Services for review and approval to modify or Development Services merge the existing two lots into one parcel. The Lot Line Adjustment Division and Conformance Deed shall be recorded prior to issuance of a building permit. 9 The legal property owner shall submit an application for a Subdivision Public Works, Map Act Certificate of Compliance to the Public Works Department, Development Services Development Services Division. A Certificate of Compliance or Division Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 10 Building plans shall show conformance with the current version of Public Works, Engineering Standard Detail 115 pertaining to driveway design, sight Development Services distance visibility for signs, landscaping, and fence/wall locations. Division 11 Building plans shall show conformance with the current version of Public Works, Engineering Standard Detail 473 pertaining to driveway spacing and Development Services distance from public ROW to nearest parking space, subject to the Division approval of the City Engineer. Subject property shall thereupon be developed and maintained in conformance with said plans. PRIOR TO FINAL BUILDINGAND ZONING INSPECTIONS 12 Prior to final building and zoning inspections, fire lanes shall be Public Works, posted with "No Parking Any Time." Said information shall be Traffic Engineering specifically shown on plans submitted for building permits. Division 13 All required public right-of-way improvements shall be completed, Public Works, operational, and are subject to review and approval by the Development Services Construction Services Inspector. Division 14 That ongoing during project operations, vehicle deliveries including Public Works, loading and unloading shall be performed on site. Delivery vehicles Development Services shall not block any part of the public right of way. Division 15 The building shall be equipped with an alarm system (silent or Police Department audible). 16 Address numbers shall be positioned so as to be readily readable Police Department from the street. Numbers should be visible during hours of darkness. 17 Complete a Burglary/Robbery Alarm Permit application, Form APD Police Department 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: httn://www.anaheim.net/article.aW?id=678 18 All exterior doors to have adequate security hardware, e.g. deadbolt Police Department locks. - 8 - PC2016-023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 19 Rooftop address numbers shall be provided for the police helicopter. Police Department Numbers shall be a minimum size of 4 ft. by 2 ft. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Rooftop numbers are not to be visible from ground level. 20 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering 21 Prior to connection of electrical service, the legal owner shall Public Utilities, provide to the City of Anaheim a Public Utilities easement with Electrical Engineering dimensions as shown on the approved utility service plan. OPERATIONAL CONDITIONS 22 No required parking area shall be fenced -off or otherwise enclosed Planning Department, for outdoor storage uses. Code Enforcement Division 23 Adequate lighting of parking lots, driveway, circulation areas, aisles, Police Department passageways, recesses and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. 24 The applicant shall be responsible for maintaining the area adjacent Planning Department, to the premises over which they have control, in an orderly fashion Code Enforcement through the provision of regular maintenance and removal of trash Division or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 25 No more than seven parking spaces shall be used as display spaces Planning Department, for auto sales, in order to comply with the code -required minimum Planning Services parking requirements. Division 26 The business shall be operated in accordance with the operations Planning Department, letter submitted as part of this application. Any changes to the Planning Services business operation as described in that document shall be subject to Division review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 27 The applicant shall receive all necessary approvals for the Planning Department, permitting of the paint booth by the South Coast Air Quality Planning Services Management District. Division - 9 - PC2016-023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 28 Conditions of approval related to each of the timing milestones above Planning Department, shall be prominently displayed on plans submitted for permits. For Planning Services example, conditions of approval that are required to be complied with Division prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. 29 The Applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division permits for this project, 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. 30 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees') from any Division and all claims, actions or 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. 31 The property shall be developed substantially in accordance with Planning Department, plans and specifications submitted to the City of Anaheim by the Planning Services applicant and which plans are on file with the Planning Department Division and as conditioned herein. -10- PC2016-023