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Resolution-PC 2022-075 - 1 - PC2022-075 RESOLUTION NO. PC2022-075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING DEVELOPMENT PERMIT NO. 2022-00022 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00022) (1426 South Allec 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. 2022-00022 for a conditional use permit to permit the continued use of an existing vehicle towing facility and automotive impound yard (the “Proposed Project”), at a certain real property located at 1426 South Allec Street 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 41,064 square feet in area and is developed with approximately 2,020 square feet of office area, 5,670 square feet of indoor storage area, and an approximately 9,002 square foot service yard and service vehicle parking area. The project site is located in “I” Industrial zone, and is designated for Industrial land uses by the General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 6, 2022 at 5:00 p.m. and 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 Anaheim Municipal Code (“Code”), to hear and consider evidence for and against proposed Development Permit No. 2022-00022 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 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 Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3) – Common Sense Exemption. The proposed project does not include any new construction and/or ground disturbances, and is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment; 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 - 2 - PC2022-075 offered at said hearing with respect to the request for Development Permit No. 2022-00022, does find and determine the following: 1. The Proposed Project is an allowable use within the "I" Industrial Zone under subsection .010 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code, subject to a conditional use permit and the zoning and development standards of the "I" Industrial Zone; and 2. That the proposed vehicle towing facility and automotive impound yard business would not adversely impact adjoining industrial and warehouse land uses because the proposed use would not be more intensive than most industrial and warehouse uses in the vicinity; and would not adversely affect the growth and development of the area in which it is proposed to be located, because it will be using existing office and storage buildings and an outdoor service yard area, with no new construction or expansion of the existing buildings or service yard. Further, the project would meet the Code required number of parking spaces, 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. 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 because the proposed use would occupy an existing building and service yard without any expansion, and accommodate the parking, 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 any potential impacts on the surrounding uses 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 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. 2022-00022, 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 Development - 3 - PC2022-075 Permit No. 2022-00022 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. - 6 - PC2022-075 - 7 - PC2022-075 EXHIBIT “B” DEVELOPMENT PERMIT NO. 2022-00022 (DEV2022-00022) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 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 2 Parking stall dimensions and drive aisle widths shall conform to City of Anaheim Engineering Standard Detail 470 and shall be installed per the approved plans. The subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering 3 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 4 The applicant shall comply with the following operations conditions: A. Public streets or parking lots shall not be used for outdoor storage, storage of trailers or non-motorized vehicles, automobile washing or detailing, vehicle repair or maintenance, storage of inoperable vehicles, or advertising on vehicles or trailers. B. The outdoor vehicle storage area shall be screened from view from any adjacent public right-of-way. C. There shall be no advertising of vehicles for sale or auction. D. There shall be no outdoor repair and/or maintenance of vehicles. E. There shall be no display of service vehicles or towed/impounded vehicles on public streets. F. All vehicles shall be stored within the storage buildings or within the adjacent storage yard. Planning & Building Department, Planning Services Division 5 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 - 8 - PC2022-075 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 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 7 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 8 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 and Building Department. Planning & Building Department, Planning Services Division