Resolution-PC 2011-079RESOLUTION NO. PC2011 -079
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE
APPROPRIATE ENVIRONMENTAL DETERMINATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2011 -05574 &
VARIANCE NO. 2011 -04873
(DEV2011- 00105)
(3901 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2011 -05574 and Variance No. 2011 - 04873, to permit an
automotive sales, repair and outdoor storage with fewer parking spaces than allowed by code for
certain real property situated in the City of Anaheim, County of Orange, State of California,
shown on Exhibit "A ", attached hereto and incorporated herein by this reference.
WHEREAS, this property is developed with two industrial building located
in the Specific Plan No. 94 -1, Development Area 2 (SP94 -1, DA2) Zone and 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 October 24, 2011, 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 the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said 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 a conditional use permit, does find and
determine the following facts:
1. The request to permit an automotive sales and repair facility with outdoor storage
of vehicles with fewer parking spaces than allowed by code within the Specific Plan No. 94 -1,
Development Area 2 (SP94 -1, DA2) Zone is properly one for which a conditional use permit is
authorized under Code Section 18.120.070.050. (Conditional Uses and Structures) Expanded
Industrial Area (Development Area 2) of the Anaheim Municipal Code.
2. The automotive sales and repair facility with outdoor storage of vehicles with
fewer parking spaces than allowed by code will not adversely affect the adjoining land uses or
the growth and development of the area in which it is proposed to be located because the
proposed use is a specialty use and with a low parking demand. Further, the site can adequately
accommodate the proposed and exiting uses entirely on the site.
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3. The size and shape of the site for the use is adequate to allow the full development
of the proposed use in a manner not detrimental to the particular area or to the health and safety
because the repair and sales uses will be conducted entirely within the building and the outdoor
storage of vehicles is minimally visible from the public right -of -way.
4. The traffic generated by the automotive sales and repair facility will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the
area because this activity is consistent with industrial activity anticipated for this area.
5. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the use is consistent with commercial
uses in the area and activities in the center.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code in conjunction with an
automotive sales and repair facility with outdoor storage of vehicles should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(54 spaces required; 46 spaces proposed).
1. The variance, under the conditions imposed will not cause fewer off - street
parking spaces to be provided for the automotive sales and repair facility than the number of
such spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions because the business has a low volume of daily customers and
clients due to the specialized nature of this business which refurbishes police vehicles.
2. The variance, under the conditions imposed, if any, 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 for the automotive sales and repair facility and outdoor
storage of vehicles will adequately accommodate the peak parking demands of all the businesses
on the site.
3. The variance will not increase traffic congestion within the off -street parking
areas provided for automotive sales and repair facility since all parking is contained on -site and
will not encroach into other parking facilities and the supply of parking is adequate for the
proposed automotive sales and repair facility and the existing industrial uses. Further, the project
does not propose new ingress or egress points and is designed to allow adequate on -site
circulation and therefore will not impede vehicular ingress to or egress from adjacent properties
upon the public streets in the immediate vicinity of the automotive sales and repair facility.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is
therefore, exempt from the requirement to prepare additional environmental documentation.
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NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2011 -05574 and Variance No.
2011 -04873 subject to the conditions of approval described in Exhibit `B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject 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 Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 this conditional use permit is approved
without limitations on the duration of the use.
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
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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of
required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTI( lV has adopted at the Planning Commission
meeting of October 24, 2011. /
A IEST:
1
CHAIRMAN, ANAHEIM CITY PLA II<(G COMMISSION
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
3 PC2011 -079
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on October 24, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, AGARWAL, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of October, 2011.
'RETARY ANAHEIM CITY
SENIOR S PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00105
APN: 346- 141 -29
346 - 141 -49
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
PC2011 -079
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
That no required parking area shall be fenced or
otherwise enclosed for outdoor storage uses.
Code
Enforcement
2
That vehicle repair activities and storage of inoperable
cars and parts shall not be permitted outside of the
building.
Code
Enforcement
3
The granting of this conditional use permit and parking
variance is based upon the assumptions included in the
letter of operation and parking justification letter
submitted by the applicant, indicating that this is a
specialized automotive refurbishment and sales facility
with limited on -site sales activity. Any change to the
business's fundamental operation shall be subject to
the review and approval of Planning Department staff.
Code
Enforcement
4
That the property shall be permanently maintained in
an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris,
and removal of graffiti within twenty -four (24) hours
from the time of discovery.
Code
Enforcement
5
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 marked
Exhibit No. 1 (Site Plan/Floor Plan) and as
conditioned herein.
Planning
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05574 & VARIANCE NO. 2011-04873
(DEV2011- 00105)
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