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Resolution-PC 2016-031RESOLUTION NO. PC2016-031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05678 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013-00072) (1256 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2013- 05678 to permit a storage facility to include the following: a temporary modular office trailer, indoor and outdoor storage of recreational and commercial vehicles, automobiles, trucks, trailers, miscellaneous equipment, and auto repair services (the "Proposed Project") on that certain real property located at 1256 North Magnolia 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; and WHEREAS, the Property is approximately 11.75 acres in size and is currently developed with a retail furniture store and warehouse. The Anaheim General Plan designates the Property for General Commercial and Industrial land uses. The underlying zone of the Property is the "I" Industrial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, "outdoor storage yards" and "automotive — repair and modification" are conditionally permitted uses; and "warehousing and storage — enclosed" is a permitted use within the "P' Industrial Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 18, 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. 2013-05678, 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 (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 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 the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that - 1 - PC2016-031 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, 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 Proposed project and, specifically, with respect to the request for Conditional Use Permit No. 2013-05678, does find and determine the following: 1. The proposed outdoor storage yard and automotive repair and modification are allowable primary uses within the "I" Industrial Zone, subject to a conditional use permit, as authorized under Table 10-A of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code. 2. The proposed conditional use permit to permit an outdoor storage yard and automotive repair and modification, 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 facility would be located within an existing industrial property that will be adequately screened from public view and is 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 outdoor storage yard and automotive repair and modification facility 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 property that provides a sufficient number of onsite parking spaces and vehicle circulation as justified in the applicant's letter dated March 24, 2016. 4. The traffic generated by the facility 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 and circulation 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 industrial and medical office uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. - 2 - PC2016-031 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2013-05678, 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 that portion of the Property for which Conditional Use Permit No. 2013-05678 is applicable 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 April 18, 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2016-031 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 April 18, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: BOSTWICK ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 181h day of April, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-031 EXHIBIT "A" DEV NO. 2013-00072 •.�''.. APN: 071-062-01 071-062-03 ..................... W HOUSTON AVE S� RFF W 00 co Q _a J 0 z Q Z 340' n m "cn u') Cl) 267' Oo soo ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2016-031 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05678 (DEV2013-00072) - 6 - PC2016-031 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT GENERAL 1 If left turn access is to be provided: Public Works It is the responsibility of the property owner to remove and Department relocate any traffic signal poles and equipment at the intersection Traffic & of Magnolia Avenue and Via Gonzalez, if necessary, at the Transportation Division property owner's expense. Prior to the issuance of the first building permit, street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. Prior to issuance of building permits, a bond shall be posted for all traffic related street improvements, including, but not limited to, directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. If left turn access is not provided: Within 30 days of the date of approval, signs prohibiting left turns to and from Magnolia Avenue shall be erected. The signs shall be consistent with the California MUTCD sign type R3-2. Said information shall be specifically shown on plans submitted for building permits. 2 Within 60 days of the date of approval, the applicant shall submit Planning and Building plans and complete a Building Code analysis for occupancy Department, changes and any tenant improvements within the subject building. In addition, the proper building permits shall be obtained for the Building Division modular office building. 3 Any graffiti painted or marked upon the business premises or on Planning and Building any adjacent area under the control of the business owner shall be Department, removed or painted over within 24 hours of being applied or Code Enforcement discovered by the business owner. Division - 6 - PC2016-031 - 7 - PC2016-031 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT 4 The business shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to the Department, business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine Planning Services substantial conformance with the Letter of Request and to ensure Division compatibility with the surrounding uses. 5 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from Planning Services any and all claims, actions or proceedings brought against Division 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. 6 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 7 The business premises shall be developed substantially in Planning and Building accordance with plans and specifications submitted to the City of Department, Anaheim by the petitioner, which plans are on file with the Planning Services Planning Department, and as conditioned herein. Division 8 The applicant shall immediately cease all outdoor automotive Planning and Building repair and modification. Department, Code Enforcement Division 9 Within 60 days from the date of approval, the applicant shall Planning and Building remove or relocate the temporary modular office building. The Department, relocation shall be adjacent to the west property line and oriented Planning Services north -south. The modular office shall be removed from the site no Division later than September 1, 2017. - 7 - PC2016-031 - 8 - PC2016-031 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT 10 Within 60 days from the date of approval, the applicant shall Planning and Building remove all scrap wood, or store all scrap wood neatly on racks in Department, an area that is screened from public view. Planning Services Division 11 Within 60 days from the date of approval, the applicant shall Planning and Building remove or relocate within a building all inoperable vehicles and/or Department, spare vehicle parts and equipment. Planning Services Division 12 Within 60 days from the date of approval, the applicant shall Planning and Building install a minimum 24 -inch box, low canopy, evergreen trees along Department, the northern property line at 20 feet on center, subject to the Planning Services approval of the Planning Services Manager, and shall install Division appropriate irrigation. Said trees shall be permanently maintained in a healthy condition. 13 Within 180 days from the date of approval, the applicant shall Planning and Building demolish all landscape planters in the north yard and pave with Department, asphalt to match the storage yard; and remove all weeds and debris from the site to the satisfaction of the Planning Services Manager. Planning Services Division 14 Within 30 days of the vacation of the furniture store, all signs Planning and Building related to the vacated business shall be removed. Department, Planning Services Division 15 Within 90 days from the date of approval, the applicant shall Planning and Building repair or remove all damaged exterior parking lot light pole Department, Planning fixtures and pull appropriate permits. Adequate lighting of parking Services Division lots, 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 Police Department, person on or about the premises during the hours of darkness and Planning & Research provide a safe, secure environment for all persons, property, and Division vehicles on-site. The lighting in the parking lot shall be maintained in proper working order and remain illuminated during hours of darkness. Outdoor full cut off wall pack fixtures shall be added to each side of the building's exterior and be illuminated during hours of darkness. - 8 - PC2016-031 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 Within 60 days from the date of approval, the applicant shall Police Department, ensure that address numbers are readily visible from the street and Planning & Research illuminated during hours of darkness. The applicant shall also Division install rooftop numbers for the police helicopter. The numbers shall be a minimum size of 4 feet in height and 2 feet in width. The lines of the numbers shall be a minimum of 6 inches thick. Numbers shall be spaced 12 inches to 18 inches apart. And in a contrasting color to the roof material. Number shall face the street to which the structure is addressed. Numbers shall not be visible from the ground level. 17 Within 180 days from the date of approval, the project shall be Planning and Building scheduled for Planning Commission review to ensure compliance Department, with all conditions of approval. Planning Services Division - 9 - PC2016-031