Resolution-PC 2015-089 RESOLUTION NO. PC2015-089
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AN AMENDMENT
TO CONDITIONAL USE PERMIT NO. 2716 AND
VARIANCE NO. 2015-05016,AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2015-00046)
(8323 EAST LA PALMA AVENUE—WEIR CANYON HONDA)
WHEREAS, on October 14, 1985, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC
85-222, approved Conditional Use Permit No. 2716 (herein referred to as the "Original CUP") to
permit a new and used automobile sales facility with waiver of maximum fence height on
premises located at 8323 East La Palma Avenue, County of Orange, State of Califomia (the
"Property"). The Property is generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference. The conditions of approval which were the subject of the
Original CUP shall be referred to herein as the "Previous Conditions of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to amend the
Original CUP to permit the expansion of an existing automobile dealership facility and to approve
a variance, designated as Variance No. 2015-05016, to permit more wall signs than permitted by
the Zoning Code (herein referred to collectively as the "Proposed Project"), pursuant to Section
18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ("Code"). The
proposed amendment to the Original CUP is hereby designated as Conditional Use Permit No.
2716C; and
WHEREAS, 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 supersede any inconsistent regulations of the "C-G" General
Commercial Zone. Except for the request to permit more wall signs than permitted by the Zoning
Code under proposed Variance No. 2015-05016, the Proposed Project is not inconsistent with the
site development standards contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of
the Code and will not be inconsistent with the site development standards of the "C-G" General
Commercial Zone provided that the Proposed Project is approved with the conditions of approval
attached hereto as Exhibit B, as the same may be modified, if at all, by the Planning Commission.
The Anaheim General Plan designates this Property for General Commercial land uses; 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
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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 —
Exisfing 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
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on November 2, 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. 2716C and Variance No. 2015-05016 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 with respect to the request for Conditional Use Permit No. 2716C, does find and
determine the following:
1. The request to permit the expansion of an existing automobile dealership is an
allowable use within the "C-G" General Commercial Zone under subsection .010 of Section
18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use
permit and the zoning and development standards of both the "C-G" General Commercial Zone
and Section 18.18.090 (Commercial Zones-Standards) of Chapter 18.18 (Scenic Corridor (SC)
Overlay Zone); and
2. Except for the request to permit more wall signs than permitted by the Zoning Code
under proposed Variance No. 2015-05016, the Proposed Project complies with the development
standards of Section 18.18.090 (Commercial Zones-Standards) of Chapter 18.18 (Scenic
Corridor(SC) Overlay Zone) of the Code; and
3. The Proposed Project will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located because the existing access
points to the site are adequate to serve the use and the project complies with the parking
requirements in the Code; and
4. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to the particular area or to the health and safety
because the Proposed Project is designed to ensure its compatibility with surrounding land uses;
and
5. 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
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets and adequate parking will be provided to accommodate the use; and
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6. 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 as the proposed land
use will be integrated with the surrounding commercial area and would not pose a health or
safety risk to the citizens of the City of Anaheim or the adjoining City.
WHEREAS, based upon the justification letter submitted by the applicant, the
Planning Commission does further find and determine that the request for Variance No. 2015-
05016 to allow more wall signs than permitted by the Code in conjunction with an automobile
dealership should be approved for the following reasons:
SECTION NO. 18.18.090.050.0501 Maximum number of wall signs.
(One sign per building elevation permitted; three
signs per elevation proposed)
I. 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, wall sign variances were granted
for the two automobile dealership located approximately two blocks to the south; and
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); the property is located significantly
lower than the grade of the adjacent major roadway; and the orientation of the building faces
away from the closest arterial highway.
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, based upon the aforesaid findings and
determinations, the Planning Commission does hereby approve Conditional Use Permit No.
2716C and Variance No. 2015-05016, contingent upon and subject to the conditions of approval,
which are described in Exhibit B, and attached hereto and incorporated herein by this reference
(herein referred to as the "Revised Conditions of Approval').
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the Revised Conditions of Approval hereby supersede 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 Original CUP shall be to the Revised Conditions of Approval
attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as
amended by Conditional Use Permit No. 2716C and Variance No. 2015-05016. Said Revised
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Conditions of Approval 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 2, 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.
cj--� 6 X1--1e -
CHAIRMAN, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 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 2, 2015,by the following vote of the members thereof
AYES: COMMISSIONERS: BOSTWICK, CALDWELL,HENNINGER, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: DALATI, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00046
APN: 351-042-34
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EXHIBIT °B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2716
AND VARIANCE NO. 2015-05016
(DEV2015-00046)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF GRADING PERMITS
1 The final Water Quality Management Plan (WQMP) shall be submitted for Public Works
review and approval to Public Works Development Services and comply with Department,
the most current requirements of the Orange County Drainage Area Development Services
Management Plan(DAMP). Division
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
2 The developer shall obtain a right of way construction permit and post a Public Works
security for construction of all public improvements within street right of way. Department,
Development Services
Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
3 The developer shall reconstruct the pedestrian ramps on the two most westerly Public Works
driveways along La Palma Avenue in accordance with City Standard Detail Department,
No. 111-3. The existing street light shall be relocated if it obstructs the Development Services
accessible path of travel along La Palma Avenue. Division
4 All required on-site Water Quality Management Plan and public right of way Public Works
improvements are subject to review and approval by the Construction Services Department,
Inspector. Development Services
Division
GENERAL CONDITIONS
5 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building
officials, officers, employees and agents (collectively referred to individually Department,
and collectively as "Indemnitees') from any and all claims, actions or Planning Services
proceedings brought against Indernnitees to attack, review, set aside, void, or Division
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
hrdemnitees 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.
6 The applicant is responsible for paying all charges related to the processing of Planning and Building
this discretionary case application within 30 days of the issuance of the final Department,
invoice or prior to the issuance of building permits for this project, whichever Planning Services
occurs first. Failure to pay all charges shall result in delays in the issuance of Division
required permits or may result in the revocation of the approval of this
application.
7 The subject Property shall be developed substantially in accordance with plans Planning and Building
and specifications submitted to the City of Anaheim by the petitioner and Department,
which plans are on file with the Planning Department, and as conditioned Planning Services
herein. Division
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