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Resolution-PC 2022-044 - 1 - PC2022-044 RESOLUTION NO. PC2022-044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT PERMIT NO. 2021-00219 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00219) (2850 EAST CORONADO STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Development Permit No. 2021-00219 for a conditional use permit to establish a large equipment rental facility in an existing 24,000 square foot one story warehouse building and an approximately 97,785 square foot service yard (the “Proposed Project”), on certain real property located at 2850 East Coronado Street (the “Property”) 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 is approximately 2.97 acres in area and is designated for Industrial land uses by the Anaheim General Plan. The Property is also located in Development Area No. 1 of the Anaheim Canyon Specific Plan (SP 2015-1) and is subject to the zoning and development standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and Development Standards) 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 February 14, 2022 at 5:00 p.m., with 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 Development Permit No. 2021-00219 and to investigate and make findings and recommendation 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 Procedures, 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 existing or former use beyond that existing at the time of this determination, that there are no unusual circumstances in respect to the proposed project, and that, therefore, pursuant to Section 15300.2 (c) and Section 15301 of Title 14 of the California Code of Regulations, - 2 - PC2022-044 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 Development Permit 2021-00219, does find and determine the following: 1. The Proposed Project is an allowable use within Development Area No. 1 of the Anaheim Canyon Specific Plan (SP 2015-1) under subsection .010 of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and Development Standards) of the Code, subject to a conditional use permit and the zoning and development standards of the Anaheim Canyon Specific Plan (SP 2015-1). 2. The proposed large equipment rental business would not adversely impact adjoining industrial and warehouse land uses because the proposed use would not be more intensive than other industrial and warehouse uses in the vicinity and will not adversely affect the growth and development of the area in which it is proposed to be located, and it will utilize an existing warehouse building and outdoor service yard area with no new construction or expansion of the existing building or service yard. Further, the project would meet the Code-required number of parking spaces, any traffic generated by the proposed use would not impose an undue burden on streets and highways in the area, and adequate on-site circulation and access would be provided. 3. The size and shape of the Property is adequate to allow the full development of the Proposed Project, in a manner not detrimental to either the particular area or health and safety because the proposed use would occupy an existing building and outdoor service yard without any expansion, and will accommodate the required parking, expected traffic flows, and circulation without creating detrimental effects on adjacent properties. 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 because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. 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 potential impacts on the surrounding uses, if any, would be minimal; and 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 negate the findings made in this Resolution. This - 3 - PC2022-044 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 Development Permit No. 2021-00219, 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 for which Development Permit No. 2021- 00219 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 of Permit Approval) and 18.60.200 (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. -5 -PC2022-044 I, Simonne Fannin, 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 February 14, 2022, by the following vote of the members thereof: AYES: COMMISSIONERS: HEYWOOD, KRING, MEEKS, PEREZ, VADODARIA, WHITE, WOLFGRAMM NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: : IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of February, 2022. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 6 - PC2022-044 - 7 - PC2022-044 EXHIBIT “B” DEVELOPMENT PERMIT NO. 2021-00219 (DEV2021-00219) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 2 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service 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. Public Utilities Department, Water Engineering Division 3 The building shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: • Perimeter building and access route protection. • High valued storage areas. Anaheim Police Department, Planning and Research Unit 4 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. Anaheim Police Department, Planning and Research Unit 5 That prior to the issuance of building permits, plans shall show R5-1(DO NOT ENTER) sign and R5-1a (WRONG WAY) sign at the exit-only driveways. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering - 8 - PC2022-044 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 6 PARKING LOT: A. Minimum recommended lighting level in all parking lots is .5 foot- candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. B. “No Trespassing 602(k) P.C.” posted at the entrances of parking lots/structures and located in other appropriate places. Signs must be at least 2’ x 1’ in overall size, with white background and black 2” lettering. C. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/manager request. Anaheim Police Department, Planning and Research Unit 7 The Owner shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right-of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Public Utilities Department, Water Engineering Division 8 The following minimum horizontal clearances shall be maintained between proposed water main and other facilities: • 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals • 5-feet minimum separation from all other utilities, including storm drains, gas, and electric • 6-feet minimum separation from curb face • 10-feet minimum separation from structures, footings, and trees. The following minimum clearances shall be provided around all new and existing public water facilities (e.g., water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, storm water BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g., storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Department, Water Engineering Division 9 The vehicle washing area shall comply with all state laws and local ordinances for Water Conservation Measures, including Chapter 10.18 of Anaheim Municipal Code and Ordinance relating to Water Reduction provisions. Public Utilities Department, Water Engineering Division - 9 - PC2022-044 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits which include fire sprinklers, fire alarm, etc. shall be submitted directly to Anaheim Fire Prevention Department. City of Anaheim Fire Department Community Risk Reduction Division 11 That ongoing during project operations, public streets or parking lots shall not be used for outdoor storage, storage of trailers or non- motorized vehicles, automobile washing or detailing, automobiles repair maintenance, storage of inoperable vehicles, or advertising on vehicles or trailers. Public Works Department, Traffic Engineering 12 That ongoing during project operations, loading and unloading of all deliveries including vehicle deliveries shall be performed on site. Loading and unloading of vehicle transport trucks/tow-trucks shall not be in the public right of way. Public Works Department, Traffic Engineering 13 That ongoing during project operations, gates shall remain open during business hours. Public Works Department, Traffic Engineering 14 All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Planning & Building Department, Planning Services Division 15 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 - 10 - PC2022-044 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 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 & Building Department, Planning Services Division 17 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 & Building Department, Planning Services Division 18 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. Planning & Building Department, Planning Services Division