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Resolution-PC 2017-029RESOLUTION NO. PC2017-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05904 AND VARIANCE NO. 2017-05087 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00005) (2841 EAST WHITE STAR AVENUE, SUITE E) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2017- 05904 to permit an automotive sales facility and (ii) Variance No. 2017-05087 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed Project") for premises located within a portion of that certain real property at 2841 East White Star Avenue, Suite E 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 2.1 acres in size and is currently developed with a multi -tenant industrial complex. The Property is located in the Industrial Area (Development Area 1) of the Anaheim Canyon Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of the Zoning Code. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 6, 2017 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 Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2017-05904 and Variance No. 2017-05087, 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 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 WHEREAS, the Planning Commission finds and determines that the Proposed Project is 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 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 - PC2017-029 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. 2017-05904, does find and determine the following: 1. The proposed automotive sales facility within an existing industrial complex is an allowable primary use within the Industrial Area (Development Area 1) of the Anaheim Canyon Specific Plan Area, subject to approval of a conditional use permit, as stated in Table 120_B (Primary Uses by Development Area: Non -Residential Use Classes) of Section 18.120.040 of the Zoning Code. 2. The proposed automotive sales facility under the conditions imposed, 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 building is surrounded by compatible industrial buildings and uses; and, the automotive sales facility would be located within an existing building with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use is adequate to allow the full development of the automotive sales faciclity in a manner not detrimental to the particular area or to the health and safety because the use would be located within an existing industrial building that is surrounded by other industrial uses. 4. The traffic generated by the automotive sales 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 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 offices in the area and will not pose a health or safety risk to the citizens of the City of Anaheim. 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 Zoning Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking, spaces. (68 spaces required; 62 spaces proposed) 1. Based, in part, upon a review of the letter of request submitted by the applicant and observations made by staff, that the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the automotive sales operations would be by appointment only and all vehicles would be stored within the building; and - 2 - PC2017-029 2. That the variance, 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 the proposed automotive sales facility; 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on-site parking for the industrial complex will adequately accommodate peak parking demands of all uses on the site; 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, 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 proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation. 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. 2017-05904 and Variance No. 2017-05087, 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. 2017-05904 and Variance No. 2017-05087 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 Zoning 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 Zoning 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 Zoning Code. - 3 - PC2017-029 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 Zoning 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 March 6, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-029 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 6, 2017 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017-029 EXHIBIT "A" DEV NO. 2017-00005 Source: Recorded Tract Maps and/or City GIS. >Pc Please note the accuracy is +/- two to five feet. - 6 - PC2017-029 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2017-05904 AND VARIANCE NO. 2017-05087 (DEV2017-00005) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the premises or on any adjacent Planning and Building area under the control of the business owner shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement Division 2 All automotive inventory, display, and sales shall occur inside the Planning and Building building. Department, Planning Services Division 3 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 Planning Services review and approval by the Planning Director to determine substantial Division conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 4 That ongoing during project operations, vehicle deliveries including Planning and Building loading and unloading shall be performed on site. Delivery of Department, vehicles shall not block any part of the public right-of-way. Planning Services Division GENERAL CONDITIONS OF APPROVAL 5 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department, to individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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 - 7 - PC2017-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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 the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 7 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, Planning Services and as conditioned herein. Division - 8 - PC2017-029