Resolution-PC 2013-079RESOLUTION NO. PC2013 -079
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2013-05671 AND
VARIANCE NO. 2013 -04949 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00058)
(519 WEST CHAPMAN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No.
2013 -05671 and Variance No. 2013 -04949 to establish a car rental facility within an existing
neighborhood commercial center with less parking than required by Code (herein referred to as
the "Proposed Project ") for certain real property located at 519 West Chapman 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, consisting of approximately 1.7 acres, is developed with a
neighborhood commercial center. The Anaheim General Plan designates the Property for
Commercial Recreation land uses. The Property is located within the boundaries of Anaheim
Resort Specific Plan No. 92 -2 (SP 92 -2). As such, the Property is located in the Anaheim Resort
Specific Plan Zone and is subject to the zoning and development standards described in Chapter
18.116 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 November 4, 2013 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 of the
Code, to hear and consider evidence for and against said proposed Conditional Use Permit No.
2013 -05671 and Variance No. 2013 -04949 to investigate and make findings and
recommendations in connection therewith; 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 previously - certified Anaheim Resort Specific Plan
Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact
Report No. 2008 -00340 will serve as the appropriate environmental documentation in connection
with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of
the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report
or a supplement to EIR 313 have occurred; 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 request to permit the Proposed Project on the Property does find
and determine the following facts:
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1. The request to permit a car rental facility within an existing commercial retail center
in the Anaheim Resort Specific Plan No. 92 -2 (SP 92 -2) is properly one for which a conditional
use permit is authorized by Section 18.116.070.030 (Conditionally Permitted Uses in the
Anaheim Resort) of the Code.
2. The request to permit a car rental facility would not adversely affect the surrounding
land uses and the growth and development of the area in which it is proposed to be located
because the property is currently developed with a commercial center and the proposed use is an
appropriate use within the center; and
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property is currently improved with a commercial
center and there is no proposed expansion; and
4. The traffic generated by a car rental facility would not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
number of vehicles entering and exiting the site are consistent with the existing commercial use
site and the permitted businesses within the commercial center; and
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 because the subject
site is a commercial center which allows retail businesses and the proposed car rental business
will be compatible with the surrounding uses.
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 a car
rental facility should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(119 spaces required; 104 spaces proposed)
1. That the parking variance, under the conditions imposed, will not cause fewer off -
street parking spaces to be provided for the Proposed Project than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and reasonably
foreseeable conditions of operation of such use because the site has ample parking spaces to
accommodate all of the uses on the site. The parking study for the Proposed Project indicates
that a maximum demand of 55 parking spaces is currently needed for the entire site; a total of 66
spaces will be needed to accommodate all of the uses, including the proposed car rental facility.
The site will provide a total of 104 spaces, therefore, ample parking will be provided for the site;
and
2. That the parking variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Proposed Project because the on -site parking within the center will adequately accommodate
the parking demands of the proposed Proposed Project; and
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3. That the parking variance, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Proposed Project because the on -site parking for the center will adequately
accommodate parking demands of all uses on the site. The site will generate a parking demand
of 66 parking spaces and 104 parking spaces will be provided; and
4. That the parking variance, under the conditions imposed, will not increase traffic
congestion within the off - street parking areas or lots provided for the Proposed Project because
the project site provides adequate ingress and egress points to the property and are designed to
allow for adequate on -site circulation; and
5. That the parking variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the Proposed Project because the project site has existing ingress or egress access points that are
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 center;
and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013 -05671 and Variance No. 2013 - 04949, 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 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.
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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 the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 4, 2013. 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.
vaibc ohl
CHAIR, ANAHEIM CITY PLA ING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 November 4, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 4 day of November, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05671
VARIANCE NO. 2013-04949
(DEV2013- 00058)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL
1
Granting of the variance shall be contingent upon operation of this facility in
Planning
conformance with the assumptions and/or conclusions relating to the
Department,
operation and intensity of this use as described in the parking study prepared
Code
by the applicant, except as otherwise allowed by Condition No. 2, below.
Enforcement
Exceeding, violating, intensifying or otherwise deviating from any of said
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assumptions and/or conclusions, as contained in the study, may subject this
permit to termination pursuant to the provisions of Chapter 18.60 -
Procedures of the Anaheim Municipal Code.
2
No more than five rental cars may be stored on site at any time and these
Planning
vehicles shall be stored within the designated front parking lot area shown on
Department,
the approved exhibits.
Code
Enforcement
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3
Signs, banners, balloons, or other advertising devices shall not be permitted
Planning
on the rental cars located within the parking lot areas.
Department,
Code
Enforcement
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4
Portions of the property under control of the tenant shall be permanently
Planning
maintained in an orderly fashion through the provision of regular
Department,
landscaping maintenance, removal of trash or debris, and removal of
Code
graffiti within twenty four (24) hours from time of occurrence.
Enforcement
Division
5
The subject Property shall be developed substantially in accordance with
Planning
plans and specifications submitted to the City of Anaheim by the petitioner
Department,
and which plans are on file with the Planning Department, and as
Planning
conditioned herein.
Services
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6
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees ") from any and all claims,
Planning
actions or proceedings brought against Indemnitees to attack, review, set
Services
aside, void, or annul the decision of the Indemnitees concerning this
Division
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REVIEW
SIGNED
NO,
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL
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.
7
The applicant is responsible for paying all charges related to the processing
Planning
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
Planning
whichever occurs first. Failure to pay all charges shall result in delays in the
Services
issuance of required permits or may result in the revocation of the approval
Division
of this application.
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