Resolution-PC 2015-020RESOLUTION NO. PC2015 -020
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2014 -05776 AND
VARIANCE NO. 2015 -05003 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2014- 00139)
(1500 -1542 NORTH STATE COLLEGE BOULEVARD)
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.
2014 -05776 to permit to allow motorcycle, accessory sales and repair facility in an existing retail
building and Variance No. 2015 -05003 to permit fewer off - street parking spaces than required by
the Zoning Code (herein referred to collectively as the "Proposed Project ") for premises
commonly known as 1510 North State College Boulevard, which is located within a commercial
center at 1500 -1542 North State College Boulevard in the City of Anaheim, County of Orange,
State of California. The commercial center is 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 2.65 acres, is developed with a
commercial center. The Anaheim General Plan designates the Property for General Commercial
land uses. The Property is located in the "C -G" General Commercial Zone, meaning that the
Property is subject to the zoning and development standards described in Chapter 18.08
(Commercial Zones) 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 March 9, 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 -05776 and Variance No. 2015- 05003, 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
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 - 05776, does find
and determine the following facts:
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1. The request for a conditional use permit to allow motorcycle, accessory sales and
repair facility in an existing retail building is properly one for which a conditional
use permit is authorized, subject to the imposition of conditions of approval;
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 commercial center and is surrounded by
other retail 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 retail vehicle (motorcycle) sales is within a class of uses already
anticipated and analyzed for traffic generation on these streets and highways; and
5. The granting of Conditional Use Permit No. 2014 -05776 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, the Planning Commission does further find and determine that the
request for Variance No. 2015 -05003 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
(180 spaces required; 106 spaces proposed)
1. That the 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 the Proposed Project under the normal and
reasonably foreseeable conditions of operation of such use. A previously- approved parking
variance permitted commercial uses on the property with 43% of the required parking spaces
(275 spaces required and 119 spaces provided). The proposed variance would permit the
commercial center, including the Proposed Project, to operate with 59% of required parking
spaces (180 spaces required and 106 spaces provided), which is significant closer to compliance
with the Zoning Code requirements. In addition, staff conducted several site visits to observe
parking demands for the motorcycle sales business and the property in general, finding that more
than adequate parking would be available to accommodate the Proposed Project. Therefore, the
current number of parking spaces within the commercial center is sufficient to accommodate the
uses on the site, including the Proposed Project;
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
proposed motorcycle, accessory sales and repair facility along with the demand for parking
associated with the other uses within the commercial center;
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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 motorcycle, accessory sales and repair facility,
along with the demand for parking associated with the other uses within the commercial center,
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 both the proposed use and the other uses
within the commercial center; 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 both the proposed use and
the other uses within the commercial center and, therefore, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
commercial center.
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 -05776 and Variance No.
2015 -05003 are hereby approved, contingent upon and subject to the conditions of approval
described in Exhibit B attached hereto, which are hereby found to be a necessary prerequisite to
the proposed use of the Property under Conditional Use Permit No. 2014 -05776 and Variance
No. 2015 -05003 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.
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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 March 9, 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 eyapt of an appeal.
CHA RMAN, PLA COMMISSION
OF E CITY OF A AH IM
ATTEST:
b
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 March 9, 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 9 th day of March, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00139
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05776 AND
VARIANCE NO. 2015-05003
(DEV2014- 00139)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1.
The business shall be operated in accordance with the Letter of
Planning Department,
Request submitted as part of this application. Any changes to the
Planning Services
business operation as described in that document shall be subject to
Division,
review and approval by the Planning Director to determine
Code Enforcement
substantial conformance with the Letter of Request and to ensure
Division
compatibility with the surrounding uses.
Police Department
2.
That any outdoor display of motorcycles shall be located only on
Planning Department,
the walkway immediately in front of, and adjacent to, the building
Code Enforcement
and no motorcycles shall be displayed within any required
Division
vehicular drive aisles, pedestrian paths of travel, or landscape
setback areas.
3.
The mezzanine shall not be utilized as a retail sales area open to the
Planning Department,
public or for office uses.
Code Enforcement
Division
4.
Any graffiti painted or marked upon the premises or on any
Planning Department,
adjacent area under the control of the business owner shall be
Code Enforcement
removed or painted over within 24 hours of being applied.
Division
5.
The applicant shall complete a Burglary /Robbery Alarm Permit
Police Department,
application, Form APD 516, and return it to the Police Department
Planning & Research
prior to initial alarm activation. This form is available at the Police
Unit
Department front counter, or it can be emailed to applicant by
contacting Officer Budds at mbudds2anaheim.net
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 OF APPRO VAL
7.
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department,
and its officials, officers, employees and agents (collectively
Planning Services
referred to individually and collectively as "Indemnitees ") from
Division
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
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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 building
Division
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 accordance
Planning Department,
with plans and specifications submitted to the City of Anaheim by
Planning Services
the petitioner and which plans are on file with the Planning
Division
Department, and as conditioned herein.
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