Resolution-PC 2015-003RESOLUTION NO. PC2015 -003
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3919, AND APPROVING VARIANCE NO. 2014 -04995
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00086)
(8200 EAST CRYSTAL DRIVE)
WHEREAS, on March 17, 1997, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (the 'Planning Commission "), by its Resolution
No. PC97 -30, approved Conditional Use Permit No. 3919 (herein referred to as the "Original
CUP ") to permit a 15,050 square foot, two level, automobile sales and service facility with
accesory parts sales, an interior showroom, 11 service bays, roof - mounted equipment, and
outdoor and second level display /storage areas with waivers of permitted freestanding and wall
signs at 8200 East Crystal Drive in the City of Anaheim, County of Orange, State of California,
which is generally depicted on the map attached hereto as Exhibit A and incorporated herein by
this reference (the "Property "); and
WHEREAS, on February 17, 1999, and subject to certain conditions of approval, the
Planning Commission, by its Resolution No. PC99 -30, approved an amendment to Conditional
Use Permit No. 3919 to add a new condition and amend certain conditions of approval that were a
part of the Original CUP to permit sign plan revisions and waivers of permitted freestanding signs
and directional signs (herein referred to as the "1999 Amendment "); and
WHEREAS, the Original CUP and the 1999 Amendment shall be referred to herein
collectively as the "CUP ". The conditions of approval which were the subject of the Original
CUP, as amended and modified by the 1999 Amendment, shall be referred to herein collectively
as the "Previous Conditions of Approval "; and
WHEREAS, the Planning Commission did receive a verified petition to (i) amend the
CUP to permit the expansion of an existing automobile dealership at the Property, and (ii)
approve Variance No. 2014 -04995 to allow more wall signs than allowed by the Zoning Code
( "Proposed Project "), pursuant to Section 18.60.190 (Amendment of Permit Approval) of the
Anaheim Municipal Code ( "Code "). Said amendment to the CUP is designated herein as
Conditional Use Permit No. 3919A; and
WHEREAS, the Property is currently developed with an automobile dealership facility.
The Property is 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. The
Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the
regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code apply
to the Property and shall supersede any inconsistent regulations of the "C -G" General
Commercial Zone. The Anaheim General Plan designates this Property for General Commercial
land uses; and
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WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines "), 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 Proposed Project is
within that class of projects, which consist of, among other things, the construction and location
of limited numbers of new, small facilities or structures. Section 15303 (New Construction or
Conversion of Small Structures) of the State CEQA Guidelines provides examples of projects
that qualify for an exemption from the provisions of CEQA. The one example that is applicable
to the Proposed Project is for "up to four... commercial buildings [such as a store, motel, office,
restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites zoned for
such use if not involving the use of significant amounts of hazardous substances where all
necessary public services and facilities are available and the surrounding area is not
environmentally sensitive." The Proposed Project meets the criteria of Section 15303 of the
State CEQA Guidelines and, therefore, pursuant to said Section 15303, will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 12, 2015 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
Anaheim Municipal Code, to hear and consider evidence and testimony for and against the
Proposed Project and to investigate and make findings and recommendations in connection
therewith; 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, does find and determine the following facts with respect to Conditional Use Permit
No. 3919A:
1. The request to permit the Proposed Project is an allowable use within the C -G
Commercial Zone under subsection .010 of Section 18.08 of the Code provided that a conditional
use permit is approved; and
2. The Proposed Project would not adversely affect the adjoining land uses, or the
growth and development of the area in which it is proposed to be located. The primary nature of
the business will not change as a result of the additional building area. The building expansion
and renovation will include the refurbishment of existing landscape areas and a substantial
renovation of the existing commercial building that will complement the surrounding retail
businesses in the area. Lastly, the parapet wall will adequately screen the proposed roof
equipment from view of all adjacent streets; and
3. The size and shape of the site 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 site can accommodate the parking, traffic, and circulation without creating
detrimental effects on adjacent properties; and
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4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
Proposed Project has been designed to accommodate the required parking, vehicular circulation,
and trash collection; and
5. The granting of Conditional Use Permit No. 3919A under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the surrounding area, subject to compliance with the
conditions contained herein.
6. The screening of the roof - mounted equipment, under the conditions imposed,
complies with the building and structural height limitations of Subsection .020 of Section
18.18.090 of the Code.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance in conjunction with the Proposed Project should be approved for the following
reasons:
SECTION NO. 18.44.110.0101 Maximum Number of Wall Signs.
(Two signs permitted; nine signs proposed)
1. That the strict application of the Code would deprive the subject property of
privileges enjoyed by other properties in the vicinity because wall sign variances have been
granted for other businesses in the vicinity; more specifically, a wall sign variance was granted
for the adjacent automobile dealership to the south where one sign was permitted and nine were
approved. In addition, a wall sign variance was granted for the adjacent Home Depot store to the
west where one wall sign was permitted and five signs were approved.
2. That there are special circumstances applicable to the Property which do not apply
to identical zoned properties in the vicinity because a number of physical characteristics unique
to this property create a hardship that generally does not apply to other properties in the same
vicinity. These physical characteristics include the lack of visibility to the closest arterial
highway (Weir Canyon Road /Yorba Linda Boulevard) and the SR -91 freeway; the property is
located significantly lower than the grade of the adjacent major roadways; the orientation of the
building faces away from the closest arterial highway; and, the narrow width of the property
results in a long, narrow building.
WHEREAS, the 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. The 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 by the Planning Commission, for the reasons
hereinabove stated, that Conditional Use Permit No. 3919A and Variance No. 2014- 04995 are
hereby approved, thereby amending the CUP and permitting more wall signs than permitted by
the Zoning Code for the Proposed Project.
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BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated
herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions
of Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for the CUP and Conditional Use Permit No. 3919A
shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which
shall control and govern the CUP, as amended by Conditional Use Permit No. 3919A.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B
attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 3919A and Variance No. 2014 -04995 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.
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
January 12, 2015. 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 that of an appeal.
on'
CH RMAN, P ANNIN COMMISSION
OF VIE CITY OF A�l_AH tIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 January 12, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of January,
2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DrEV N4. 2014 -00086
APN: 352 - 222 -01
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3919 AND
VARIANCE NO. 2014-04995
(DEV2014- 00086)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
1
All backflow equipment shall be located above ground outside of the
Public Utilities, Water
street setback area in a manner fully screened from all public streets and
Engineering
alleys. Any backflow assemblies currently installed in a vault will have
to be brought up to current standards. Any other large water system
equipment shall be installed to the satisfaction of the Water Engineering
Division outside of the street setback area in a manner fully screened
from all public streets and alleys. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross
Connection Control Inspector.
GENERAL
2
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
Division
as conditioned herein.
3
No vehicles shall be parked and /or displayed in required landscaped
Planning Department,
setback areas.
Code Enforcement
Division
4
Any Graffiti painted or marked upon the premises or on any adjacent
Planning Department,
area under the control of the licensee shall be removed or painted over
Code Enforcement
within 24 hours of being applied.
Division
5
Trash storage areas shall be provided and maintained in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation Division
Department, Streets and
and in accordance with approved plans on file with said Department. Said
Sanitation Division
storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage
areas shall be protected from graffiti opportunities by the use of plant
materials such as minimum 1- gallon size clinging vines planted on
maximum 3 -foot centers or tall shrubbery. Said information shall be
specifically shown on the plans submitted for building permits.
6
Vehicle gates shall not be installed across the project driveway or access
Public Works, Traffic
roads without providing a vehicle turnaround area.
Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE DEPARTMENT
7
Conditions of approval related to each of the timing milestones above shall
Planning Department,
be prominently displayed on plans submitted for permits. For example,
Planning Services
conditions of approval that are required to be complied with prior to the
Division
issuance of building permits shall be provided on plans submitted for
building plan check. This requirement applies to grading permits, final
maps, street improvement plans, water and electrical plans, landscape
irrigation plans, security plans, parks and trail plans, and fire and life
safety plans, etc.
8
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
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.
9
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
Division
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.
10
All screening and paint for the roof - mounted equipment shall be retained
Planning Department,
and maintained in accordance with the plans and specifications submitted
Planning Services
to the City of Anaheim by the applicant and on file with the Planning
Division
Department and shall be kept in good condition and in compliance with
the provisions of subparagraphs .01 through .05 of paragraph .0202 of
Subsection .020 of Section 18. 18.090 of the Anaheim Municipal Code.
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