Resolution-PC 2015-010RESOLUTION NO. PC2015 -010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014-05756 AND
VARIANCE NO. 2015 -05001 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2014- 00089)
(2926 EAST MIRALOMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified petition for (a) Conditional Use Permit No.
2014 -05756 to permit retail sales of automobiles at an existing wholesale automobile business,
and (b) Variance No. 2015 -05001 to permit fewer off - street parking spaces than required by the
Zoning Code (herein referred to collectively as the "Proposed Project ") for premises known as
2926 East Miraloma Avenue in the City of Anaheim, County of Orange, State of California, the
boundaries of which commercial center are 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 0.86 acres, is developed with an
office building and storage areas for a wholesale automobile business. The Anaheim General
Plan designates the Property for Industrial land uses. The Property is located in the Industrial
Area (Development Area 1) of the Northeast Area Specific Plan Area and is subject to the zoning
and development standards contained in Section 18.120.050 of the Anaheim Municipal Code
(the "Code "), combined with the zoning and development standards of the underlying base zone
for the Property, which is the "I" Industrial Zone. Unless otherwise indicated in Section
18.120.050 of the Code, the standards of the "I" Industrial Zone contained in Chapter 18.10
(Industrial Zone) of the Code shall apply to the Property; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 26, 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
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2014 -05756 and Variance No. 2015- 05001, and 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 Proposed Project is within that class of projects (i.e.,
Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of
existing public or private structures or facilities, involving negligible or no expansion of use
beyond that existing at the time of this determination, and that, therefore, pursuant to Section
15301 of Title 14 of the California Code of Regulations, the Proposed Project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA; and
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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 for Conditional Use Permit No. 2014 - 05756, does find
and determine the following facts:
1. The request for a conditional use permit for retail sales of automobiles at an
existing wholesale automobile business is properly one for which a conditional use permit is
authorized under paragraph .0547 of Subsection .050 (Conditional Uses and Structures) of
Section 18.120.050 [Land Use and Development Standards — Industrial Area (Development Area
1)] of the Code, subject to a conditional use permit.
2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area because the
Property is developed with a wholesale automobile business and is surrounded by other
industrial uses.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because automobile
sales is within a class of uses already anticipated and analyzed for traffic generation on these
streets and highways.
5. The granting of Conditional Use Permit No. 2014 -05756 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.
WHEREAS, based upon the parking justification letter submitted by the applicant,
the Planning Commission does further find and determine that the request for Variance No.
2015 -05001 to permit less parking than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(36 spaces required; 14 spaces proposed)
1. That the variance, under the conditions imposed, will not cause fewer off - street
parking spaces to be provided for the proposed use 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. A justification letter was prepared by the applicant,
determining that the current number of parking spaces at the business is sufficient to
accommodate the uses on the site, including the retail sales;
2. That the 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
use because the on -site parking will adequately accommodate the parking demands of the
automobile sales business;
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3. That the 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 use because the on -site parking for the automobile sales business will adequately
accommodate peak parking demands;
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off - street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on -site circulation that will accommodate the proposed use; and
5. That the 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 use because the project site has existing ingress or egress access points that are
designed to allow adequate on -site circulation that will accommodate the proposed use and,
therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public
streets in the immediate vicinity of the business; and
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. 2014 -05756 and Variance No.
2015 -05001 are hereby approved, contingent upon and subject to 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. 2014 -05756 and Variance No.
2015 -05001 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.
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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 26, 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 the event of an appeal.
.,
CHAIRMAN PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 26, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 26 day of January, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00089
APN : 344- 331 -04
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° 50 Y0Q Source: Recorded Tract Maps and /or City GIS.
v
Feet Please note the accuracy is +l- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05756 AND
VARIANCE NO. 2015-05001
(DEV2014- 00089)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1 '
Vehicles shall only be stored in vehicle storage areas identified on
Planning Department,
the site plan. Vehicles may not be parked or stored in any
Code Enforcement
driveway, unmarked parking space, or vehicle pathway as
Division
indicated on the site plan. Vehicles may not be affixed with signs
or used for advertising purposes.
2.
All vehicle deliveries including loading and unloading shall be
Public Works
performed on site. No loading or unloading of vehicles shall occur
Department,
in the public right of way. Delivery vehicles shall not block any
Traffic Engineering
part of the public right of way.
Divisions
3.
The seven parking spaces on the north side of the office building
Planning Department,
shall be used for Department of Motor Vehicles (DMV) vehicle
display and customers or employees only, as designated on the site
Code Enforcement
plan. No vehicle storage shall be allowed in this
Division
customer /employee parking area.
4.
Vehicle display spaces must be provided on the property in
Planning Department,
accordance with all DMV requirements or specifications.
Code Enforcement
Additional display spaces shall not be permitted.
Division
5.
The business shall be subject to bimonthly inspections from Code
Planning Department,
Enforcement for the first six (6) months commencing from the date
Planning Services
of this resolution. Planning Department staff will report back to
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the Planning Commission as a "Reports and Recommendations"
(R &R) item on the status of the operation to ensure no impacts
have been created associated with the business operations. At the
end of the six month period the applicant /business owner shall
provide a letter to the Planning Commission demonstrating
compliance with all conditions of approval. The business owner
shall pay for the cost of the Code Enforcement inspections in the
first six month period and for the processing of this R &R item.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
6.
The property shall be permanently maintained in an orderly fashion
Planning Department,
through the provision of regular landscaping maintenance and
Code Enforcement
removal of trash or debris.
Division
GENERAL CONDITIONS OFAPPROVAL
7.
The Applicant shall defend, indemnify, and hold harmless the
Planning Department,
City and its officials, officers, employees and agents
Planning Services
(collectively referred to individually and collectively as
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"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.
8.
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of
Planning Services
the issuance of the final invoice or prior to the issuance of
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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.
9.
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the City
Planning Services
of Anaheim by the petitioner and which plans are on file with
Division
the Planning Department, and as conditioned herein.
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