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PC 2018/09/17 City of Anaheim Planning Commission Agenda Monday, September 17, 2018 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Jess Carbajal • Chairperson Pro-Tempore: John Gillespie • Commissioners: John Armstrong, Bill Dalati, Kimberly Keys, Michelle Lieberman, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Study Session: Beach Boulevard Specific Plan Workshop • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Tuesday, September 11, 2018, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 09-17-2018 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or provide public comments on agenda items with the exception of public hearing items. 09-17-2018 Page 3 of 4 Public Hearing Item ITEM NO. 2 CONDITIONAL USE PERMIT NO. 2018-05974 (DEV2018-00072) Location: 3030 West Lincoln Avenue Request: To allow a car rental agency (Hertz Rental Car) within an existing car repair and auto parts sale business (Pep Boys). Environmental Determination: The Planning Commission will consider whether the proposed action is Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Joanne Hwang jhwang@anaheim.net Adjourn to Monday, October 1, 2018 at 5:00 p.m. 09-17-2018 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. September 11, 2018 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: SEPTEMBER 17, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2018-05974 LOCATION: 3030 West Lincoln Avenue (Hertz Rental Car) APPLICANT/PROPERTY OWNER: The applicant is Ahmad Mohzab of TECTA Associates, and the property owner is Midtown National Group, represented by Daron Young. REQUEST: The applicant requests approval of a conditional use permit to allow a car rental agency (Hertz Rental Car) within an existing automotive repair and parts sale business (Pep Boys). RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Conditional Use Permit No. 2018-05974. BACKGROUND: This 1.3-acre property is currently developed with a 16,117 square foot commercial building which is occupied by an automotive repair and parts sales business (Pep Boys). The property is located in the “C-G” General Commercial zone and has a General Commercial land use designation in the Anaheim General Plan. Surrounding land uses include a mobile home park to the south, a vacant lot and various retail uses and multi-family residences to the west, and shopping centers to the east and to the north, across Lincoln Avenue. PROPOSAL: The applicant proposes to allow a car rental agency within an existing commercial building that is currently occupied by an automotive repair and parts sales business. The rental counter for the proposed use would occupy approximately 100 square feet within the existing business. No changes to the exterior of the building are proposed. Hertz intends to provide vehicle rentals to Uber and Lyft drivers at this location. The proposed hours of operation would be Monday through Friday, 9:00 a.m. to 6:00 p.m., and the rental counter would be managed by one staff member. There would be no cleaning or maintenance of vehicles conducted on site as vehicles would be taken to Hertz’s central location for such services. In addition, there would be no after-hour drop-offs of rental cars or overnight parking of customers’ personal vehicles on site. There would be a maximum of 20 rental cars parked on site within the existing parking lot located along the rear (south) property line. Below is the proposed site plan: CONDITIONAL USE PERMIT NO. 2018-05974 September 17, 2018 Page 2 of 3 Figure 1. Proposed Plan FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and Existing Pep Boys Parts Retail Area Existing Pep Boys Vehicle Service Area Proposed Hertz Counter (~100 sq. ft.) Proposed rental car parking area (20 spaces) CONDITIONAL USE PERMIT NO. 2018-05974 September 17, 2018 Page 3 of 3   5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The Zoning Code requires an approval of a conditional use permit to allow car rental agencies in the C-G zone in order to determine compatibility with the surrounding area. The proposed use would not adversely affect the adjoining land uses or the growth and development of the surrounding area since the operational details of the proposed use is low-intensity in nature and is compatible with the existing automotive related business currently occupying the subject site, along with other commercial land uses in the surrounding neighborhood. The proposed use would occupy a small area within the existing building and would be incidental to the primary auto repair and parts sales business on the property. The outdoor use is limited to parking of the rental vehicles within the existing parking lot as shown on the site plan on the previous page. In addition, the existing 86 on-site parking spaces are sufficient to accommodate the required parking for both the existing Pep Boys store and the proposed use since a total of 82 parking spaces are required for both uses (62 for Pep Boys and 20 for the proposed car rental agency). With the conditions imposed, such as restricting operations to those outlined in the attached letter of request, restriction on number of on-site rental vehicles, and prohibition of on-site cleaning and maintenance services, the proposed use would not be detrimental to the health and safety of the citizens of the City of Anaheim. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 1 (Existing Facilities) Categorical Exemption. Class 1 consists 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. The proposed project is a request for approval of a conditional use permit to allow a car rental agency (Hertz Rental Car) within the existing automotive repair and parts sale business (Pep Boys). Pursuant to Section 15300.02 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project is categorically exempt from the provisions of CEQA. CONCLUSION: Staff believes that the proposed car rental agency is an appropriate use on the subject property and will not negatively impact the surrounding area because the use would be accessory to the primary auto repair and parts sales business on the property. Therefore, staff recommends approval of this request. Prepared by, Submitted by, Joanne Hwang David See Associate Planner Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Letter of Request 3. Project Plans 4. Site Photos C-GDEV 2018-0007 2AUTO PARTS SAL ES AND REPAIRS C-GOFFICE USE RS-2SINGLE FAMILY RESIDENCE T (MHP)VACANT RM-4FOURPLEX RM-4FOURPLEX RM-4RANCHO VISTAAPARTMENTS117 DU T (MHP)LA BELL E FONTAINEMOBILE HOME ESTATES C-GRETAIL C-GCAR WASH C-GVACANT C-GSERVICESTATION C-GSERVICESTATION C-GAMERICANAMOTEL C-GRETAIL C-GRETAIL RM-4APTS8 DU RM-4FOURPLEX T (MHP)PACIFIC SUNSET MOBILEHOME PARK RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX T (MHP)LA BELL E FONTAINEMOBILE HOME ESTATES C-GRETAIL C-GVACANT T (MHP)PACIFIC SUNSET MOBILEHOME PARK RM-4FOURPLEX RM-4RANCHO DEL MONTEAPARTMENTS93 DU C-GVACANT C-GRETAIL C-GRETAIL C-GRETAIL C-GCAR WASH C-GRETAIL C-GRETAIL W LINCOLN AVE S B E A C H B L V D N B E A C H B L V D W LI NCOLN AVE W LI NC OLN AVE S D E L A N O S T W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E S . W E S T E R N A V E S . M A G N O L I A A V E N . M A G N O L I A A V E . K N O T T A V E W. LINCOLN AVE 3 0 3 0 W e s t L i n co l n A ve n u e D E V N o . 2 0 1 8 -0 0 0 7 2 Su bject Prope rty APN: 135-261-19 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 6 W LINCOLN AVE S B E A C H B L V D N B E A C H B L V D W LI NCOLN AVE W LI NC OLN AVE S D E L A N O S T W DEL MONTE DR W. ORANGE AVE W. LINCOLN AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E N . D A L E A V E S . W E S T E R N A V E S . M A G N O L I A A V E N . M A G N O L I A A V E . K N O T T A V E W. LINCOLN AVE 3 0 3 0 W e s t L i n co l n A ve n u e D E V N o . 2 0 1 8 -0 0 0 7 2 Su bject Prope rty APN: 135-261-19 °0 50 100 Feet Aeria l Ph oto :Ma y 2 01 6 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018 -*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05974 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00072) (3030 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018- 05974 to permit a car rental agency (Hertz Rental Car) within an existing automotive repair and parts sales business at that certain real property located at 3030 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 1.3-acres in size, is developed with a 16,117 square foot commercial building that is currently occupied by an automotive repair and parts sales business (Pep Boys). The Property is located within the General Commercial land use designation of the Anaheim General Plan. The Property is also located in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 17, 2018 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. 2018-05974 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 consists 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 WHEREAS, this 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. 2018-05974, does find and determine the following: - 2 - PC2018 -*** 1) That the proposed use is properly one for which a conditional use permit is authorized by the Code, which allows a car rental agency in the “C-G” General Commercial Zone subject to approval of a conditional use permit pursuant to Section 18.08.030 of the Code; and 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located since operational characteristics of the proposed car rental agency is relatively low-intensity in nature and is compatible with the existing automotive related business currently located on the subject site; and 3) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety in that the proposed use would be located within the existing building without any exterior modification; and 4) That the proposed use 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; and 5) That 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 in that the proposed use will be integrated into the existing commercial development 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. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2018-05974 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. 2018-05974 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. - 3 - PC2018 -*** 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 September 17, 2018. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018 -*** 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 September 17, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of September, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018 -*** - 6 - PC2018 -*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2018-05974 (DEV2018-00072) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Prior to commencing operation of the car rental business, a valid business license shall be obtained from the City of Anaheim Business License Division. Planning and Building Department, Business License Division 2 No after hours drop-off of rental cars or overnight parking of customer’s personal cars shall be allowed on-site. Planning and Building Department, Code Enforcement Division 3 No more than twenty (20) rental cars may be parked on site at any time. Such vehicles shall be parked in the parking spaces located at the rear of the property, along the southern property line. Planning and Building Department, Code Enforcement Division 4 No washing, repair, or maintenance of rental cars shall be conducted on- site. Planning and Building Department, Code Enforcement Division 5 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within 24 hours from time of occurrence. All landscaping shall be maintained in perpetuity, and shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning and Building Department, Code Enforcement Division 6 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 7 Vehicle deliveries including loading and unloading shall only be performed on site. Delivery vehicles, if any, shall not park or block any part of the public right-of-way, and vehicles shall not be loaded/unloaded on any street. Public Works Department, Traffic Engineering Division - 7 - PC2018 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 8 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 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. Planning and Building Department, Planning Services Division 9 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division 10 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division 11 Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. Planning and Building Department, Planning Services Division ATTACHMENT NO. 2 A T T A C H M E N T N O . 3 Site Photographs From Lincoln Avenue, looking south East elevation of the existing building Rear of the property ATTACHMENT NO. 4