Resolution-PC 2015-038RESOLUTION NO. PC2015 -038
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015 -05794
AND VARIANCE NO. 2015 -05015 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2015- 00038)
(2100 SOUTH EUCLID STREET, SUITE 102)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve (i) Conditional Use Permit No. 2015-
05794 to permit an automotive sales agency office within an existing multi- tenant office
complex, and (ii) Variance No. 2015 -05015 to allow fewer parking spaces than required by the
Anaheim Municipal Code (the "Code ") (collectively referred to herein as the "Proposed Project ")
for premises located at that certain real property at 2100 South Euclid Street, Suite 102, 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 is approximately 0.5 acres in size and is currently
developed with an office building. The Anaheim General Plan designates the Property for
General Commercial land uses. The Property is located in the "C -G" General Commercial Zone
and is subject to the zoning and development standards of Chapter 18.08 (Commercial Zones)
and Section 18.38.065 (Automotive — Sales Agency Office) of the Zoning Code (the "Code ");
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on May 18, 2015 at 5:00 p.m., which
was continued to June 1, 2015 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, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA "), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated 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 the
CEQA Guidelines, 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. 2015- 05794, does find
and determine the following:
1. The request for a conditional use permit to permit an "Automotive -Sales
Agency Office" within an existing multi- tenant office complex in the "C -G" General
Commercial Zone is an allowable primary use authorized by Subsection .010 of Section
18.08.030 (Uses) of the Code subject to a conditional use permit and the zoning and
development standards of Section 18.38.065 (Automotive — Sales Agency Office) of the Code.
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 an office building and there are a sufficient amount of spaces in the
parking lot to accommodate the parking demand for both businesses.
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 the number
of vehicles entering and exiting the site is consistent with typical office uses that would be
permitted as a matter of right within the "C -G" zone.
5. The granting of Conditional Use Permit No. 2015 -05794 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,
and observations made by staff, the Planning Commission does further find and determine that
the request for a variance for 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.
(35 spaces required; 29 spaces proposed)
1. Based, in part, upon a review of the findings of a parking justification analysis
submitted by the applicant and observations made by staff, 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 because the studies
and observations indicate that there are enough parking spaces to accommodate this request;
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 peak parking
demands of the proposed automobile dealership office;
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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 office complex will adequately
accommodate peak parking demands of the use on the site;
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; 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 and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
commercial Property.
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 that the Planning Commission does hereby
approve Conditional Use Permit No. 2015 -05794 and Variance No. 2015- 05015, contingent
upon and subject to the conditions of approval set forth 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 under Conditional Use Permit No. 2015 -05794 and Variance
No. 2015 -05015 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 June 1, 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.
CH1IRMAN, PLANN�OMMISSION
OF THE CITY OF AN M
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 June 1, 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 1 day of June, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A'
DEV NO. 2015-00038
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� Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05794 AND
VARIANCE NO. 2015-05015
(DEV2015- 00038)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1 '
A maximum of two (2) automobiles shall be permitted to be
Planning Department,
displayed for sale in the parking lot adjacent to the auto dealership
Code Enforcement
business, and in the location as shown on approved exhibits.
Division
2 '
Signs, banners, balloons or other advertising devices shall only be
Planning Department,
permitted to the extent allowed by the Zoning Code.
Code Enforcement
Division
3.
Automobiles shall not be stored, sold, or displayed on the adjacent
Planning Department,
public streets.
Code Enforcement
Division
4.
Any graffiti painted or marked upon the premises or on any adjacent
Planning Department,
area under the control of the business owner shall be removed or
Code Enforcement
painted over within 24 hours of being applied.
Division
5.
Adequate lighting of parking lots passageways, recesses and ounds
q � g p g � � �'
Police Dep artmen t,
p ,
contiguous to buildings shall be provided with lighting of sufficient
Planning & Research
wattage to provide adequate illumination to make clearly visible the
Unit
presence of any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all person,
property, and vehicles on -site.
6.
That ongoing during project operations, vehicle deliveries including
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Planning Department,
g P ,
loading and unloading shall be performed on site. Delivery vehicles
Code Enforcement
shall not block any part of the public right of way.
Division
7.
The automotive sales agency shall be operated in accordance with the
Planning Department,
Letter of Request and Parking Letter submitted as part of this
Planning Services
application. Any changes to the business operation as described in
Division
those documents shall be subject to review and approval by the
Planning Director to determine substantial conformance to ensure
compatibility with the surrounding uses.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL CONDITIONS OFAPPROVAL
8.
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 any
Division
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.
9.
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
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.
10.
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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