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Resolution-PC 2017-076RESOLUTION NO. PC2017-076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05935 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00087) (2841 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05935 to permit the establishment of an automotive collision repair facility within an existing industrial building (referred to herein as the "Proposed Project") for that certain real property located at 2841 East La Palma 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 (the "Property"); and WHEREAS, the Property is approximately 0.5 acres in size and is currently developed with a 9,096 square foot industrial building. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the Anaheim Canyon Specific Plan, DA -1 (Industrial Area). As such, the Property is subject to the zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) of the Anaheim Municipal Code (the "Code"); 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 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 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 WHEREAS, on October 30, 2017, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given 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. 2017-05935 and to investigate and make findings and recommendations in connection therewith; 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 automotive collision repair facility within an existing industrial building, does find and determine the following facts: 1. The proposed request to permit the establishment of an automotive collision repair facility within an existing industrial building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Table 120-B as "Automotive — Repair and Modification", as referenced in subsection .010 of Section No. 18.120.040 of the Code. - 1 - PC2017-076 2. The proposed conditional use permit to permit an automotive collision repair facility within an existing industrial building, as conditioned herein, would not adversely affect the abutting business or adjoining land uses, nor the growth and development of the area in which it is proposed to be located because the building 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 automotive collision repair 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 building that is surrounded by other industrial uses. 4. The traffic generated by the automotive collision repair 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 industrial area and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2017-05935, contingent upon and subject to the conditions of approval described 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 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 (s), (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 Anaheim Municipal 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 Anaheim Municipal 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. - 2 - PC2017-076 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 30, 2017. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event opeal. zl�c;^ CHA ERSON, 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 October 30, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE October, 2017. IN WITNESS WHEREOF, I have hereunto set my hand this 301h day of SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2017-076 EXHIBIT "A" DEV NO. 2017-00087 E �A pALMA�� 00 s�o too Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 4 - PC2017-076 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05935 (DEV2017-00087) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 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 Department, operation as described in that document shall be subject to review and Planning Services approval by the Planning Director to determine substantial Division conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 2 No outdoor auto body/repair work of any kind shall be conducted on Planning and Building the property. Department, Planning Services Division 3 Overnight vehicle parking shall be limited to inside the building or Planning and Building behind the enclosed fenced area. Department, Planning Services Division 4 Inoperable vehicles shall not be visible from public view. Planning and Building Department, Planning Services Division 5 Vehicle deliveries, including loading and unloading shall be performed Public Works entirely on site. Delivery vehicles shall not block any part of the public Department, right of way. Traffic Engineering WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 6 Owner shall install an approved backflow prevention assembly on the Public Utilities, water service connection(s) serving the property, behind property line Water Engineering and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 7 The existing trash enclosure shall be refurbished (painted) to match the Public Works existing building. Department, Operations Division - 5 - PC2017-076 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 8 That all backflow equipment shall be located above ground outside of Public Utilities, the street setback area in a manner fully screened from all public streets Water Engineering and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 9 That all requests for new water services, backflow equipment, or fire Public Utilities, lines, as well as any modifications, relocations, or abandonments of Water Engineering existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 10 That all existing water services and fire services shall conform to Public Utilities, current Water Services Standards Specifications. Any water service Water Engineering and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. GENERAL CONDITIONS 11 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 for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 12 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as "Indemnitees") from any and all Planning and Building claims, actions or proceedings brought against Indemnitees to attack, Department, review, set aside, void, or annul the decision of the Indemnitees Planning Services concerning this permit or any of the proceedings, acts or Division 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 - PC2017-076 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 The Property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department and as Planning Services conditioned herein. Division - 7 - PC2017-076