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Resolution-PC 2016-048RESOLUTION NO. PC2016-048 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05818 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00074) (1678 WEST BROADWAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2015- 05818 to permit five "Automotive — Sales Agency Offices (Retail)" and/or "Automotive — Sales Agency Offices (Wholesale)" within an existing multi -tenant office complex (the "Proposed Project") on a portion of that certain real property located at 1678 West Broadway 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 1.67 acres in size and is currently developed with a two-story, multi -tenant office building and a single -story commercial building. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the "C -G" General Commercial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 13, 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. 2015-05818, 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 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 - PC2016-048 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. 2015-05818, does find and determine the following: 1. The proposed five "Automotive — Sales Agency Offices (Retail)" and/or "Automotive — Sales Agency Offices (Wholesale)" within an existing commercial building are allowable primary uses in the "C -G" General Commercial Zone authorized by 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 Section 18.38.065 (Automotive — Sales Agency Office (Retail) and Automotive — Sales Agency Office (Wholesale) of the Code. 2. The proposed conditional use permit to permit five "Automotive — Sales Agency Offices (Retail)" and/or "Automotive — Sales Agency Offices (Wholesale)", 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 offices will operate within an existing multi -tenant office building and will not have an adverse affect on adjacent properties. 3. The size and shape of the site for the use is adequate to allow the full development of the five "Automotive — Sales Agency Offices (Retail)" and/or "Automotive — Sales Agency Offices (Wholesale)" in a manner not detrimental to the particular area or to the health and safety because the facility is located within an existing commercial property that provides a sufficient number of on-site parking and vehicle display spaces, and vehicle circulation will be in accordance with the plans and materials submitted. 4. The traffic generated by the use 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 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 commercial and multi- family residential 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 - PC2016-048 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05818, 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. 2015-05818 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 June 13, 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 - PC2016-048 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 June 13, 2016 by the following vote of the members thereof.- AYES: hereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of June, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-048 EXHIBIT "A" DEV NO. 2015-00074 APN: 250-051-02 W BROADWAY 151' t— N J � V 147' M w N co . 300' O o so ioo Source: Recorded Tract Maps and/or City GIS. Feet— Please note the accuracy is +/- two to five feet. - 5 - PC2016-048 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05818 (DEV2015-00074) - 6 - PC2016-048 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT OPERATIONAL CONDITIONS 1 A maximum of five (5) retail and/or wholesale automotive sales Planning and Building agency businesses shall be permitted on-site. Department Cofe Enforcement Division 2 A maximum of two (2) vehicles per automotive sales agency Planning and Building business, not to exceed ten (10) total vehicles, shall be stored on- Department site and only in designated display spaces. Cofe Enforcement Division 3 Automobiles in the possession or under the control of any person Planning and Building operating an Automotive — Sales Agency Office (Retail or Department Wholesale) and offered for sale to a consumer shall not be stored, Cofe Enforcement sold, or displayed upon any public street or highway. [See Division paragraph . 0104 of Subsection .010 of Section 18. 38. 065 of the Anaheim Municipal Code.] 4 Ongoing during project operations, vehicle deliveries, including Public Works loading and unloading, shall be performed on site. Delivery Department vehicles shall not block any part of the public right-of-way. Traffic & Transportation Division GENERAL CONDITIONS 5 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. - 6 - PC2016-048 - 7 - PC2016-048 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT 6 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. 7 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. 8 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 - 7 - PC2016-048