Resolution-PC 2015-099RESOLUTION NO. PC2015-099
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2015-05819 AND VARIANCE NO. 2015-05049
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00076)
(5120 EAST LA PALMA AVENUE, SUITE NO. 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-
05819 to permit a car rental agency within an existing office and industrial complex, and (ii)
Variance No. 2015-05049 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 5120 East La Palma Avenue, 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 6.8 acres in size and is currently
developed with an industrial and office complex. The Property is located in the Expanded
Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to
the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1
(SP 94-1) Zoning and Development Standards) of the Code, combined with the zoning and
development standards of the underlying base zone for the Property, which is the "I" Industrial
Zone. 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
shall apply to the Property and shall supersede any inconsistent regulations of the "I" Industrial
Zone. The Anaheim General Plan designates the Property for Office -Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 14, 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. 2015-05819 and Variance No. 2015-05049, 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 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 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. 2015-05819, does find
and determine the following:
1. The proposed request to permit a car rental agency within an existing
industrial and office complex is properly one for which a conditional use permit is authorized
under the classes of allowable primary uses set forth in Table 10-A (Primary Uses: Industrial
Zone) as "Automotive—Vehicle Sales, Lease & Rental", as referenced in paragraph .0402 of
subsection .040 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code.
2. The proposed conditional use permit to permit a car rental agency, as
conditioned herein, would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the car rental agency
would be located within an existing building surrounded by compatible buildings and uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the car rental agency in a manner not detrimental to the particular area or to the
health and safety because the facility would be located within an existing industrial and office
building that is surrounded by industrial and office uses.
4. The traffic generated by the car rental agency 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.
5. 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 continue to be integrated with the surrounding office and industrial area and would
not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the number of off-street parking spaces required under the Code for the
proposed car rental agency, when added to the total number of such parking spaces required by
the Code and the total number of such spaces that exist at the Property, represents a small or de
minimis increase. Nevertheless, because the number of parking spaces required by the Code for
all uses, including the Proposed Project, is less than the actual number of parking spaces that
exist, a variance must be approved for the Property; and
WHEREAS, based upon the request 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.
(479 spaces required; 374 spaces proposed)
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I . The variance for the Property, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for the Property, including the
proposed car rental agency, than the number of such spaces necessary to
accommodate all vehicles attributable to all uses at the Property under the
normal and reasonably foreseeable conditions of operation of such uses. With
respect to the other industrial and office complex uses, the observations made by
staff indicate that the number of parking spaces needed and used are less than the
number of spaces that exist, and the parking demand will not exceed the the
minimum number of spaces required by the Code;
2. That the variance for the Property, 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 all combined uses on the
site;
3. That the variance for the Property, under the conditions imposed, will not
increase the demand and competition for parking spaces upon adjacent private
property in the immediate vicinity of the Property because the on-site parking for
the industrial and office complex, including the proposed car rental agency, will
adequately accommodate peak parking demands of all uses on the site;
4. That the variance for the Property, under the conditions imposed, will not
increase traffic congestion within the off-street parking areas or lots provided for
the Property because the Property provides adequate ingress and egress points,
which are designed to allow for adequate on-site circulation; and
5. That the variance for the Property, 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 Property because the Property 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 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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. No. 2015-05819 and Variance No. 2015-05049, 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 Variance No. 2015-05049 and Conditional Use Permit
No. 2015-05819 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 December 14, 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, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
,za-1;7��
-
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 December 14, 2015 by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00076
APN: 346-442-02
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476'
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05819 AND
VARIANCE NO. 2015-05049
(DEV2015-00076)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1.
Any graffiti painted or marked upon the premises or on any adjacent area
Planning and Building
under the control of the business owner shall be removed or painted over
Department,
within 24 hours of being applied.
Code Enforcement
Division
2.
No after hours drop-off of rental cars, or overnight parking of client's
Planning and Building
personal cars, shall be allowed on-site.
Department,
Code Enforcement
Division
3.
No more than 10 rental cars may be stored on site at any time, including no
Planning and Building
more than 5 rental cars displayed in the parking lot in front of the business
Department,
premises, and the balance stored in spaces at the back of the complex, along the
southern property line.
Code Enforcement
Division
4.
No signage shall be applied to any cars in the parking lot associated with the
Planning and Building
car rental agency.
Department,
Code Enforcement
Division
5.
No washing, repair, or maintenance of rental cars shall be conducted on-site.
Planning and Building
Department,
Code Enforcement
Division
6.
The business shall be operated in accordance with the Letter of Request
Planning and Building
submitted as part of this application. Any changes to the business operation
Department,
as described in that document shall be subject to review and approval by the
Planning Director to determine substantial conformance with the Letter of
Planning Services
Request and to ensure compatibility with the surrounding uses.
Division
GENERAL CONDITIONS OF APPROVAL
7.
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
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
proceedings brought against Indemnitees 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 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 processing
Planning and Building
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall result in delays in the
Planning Services
issuance of required permits or may result in the revocation of the approval
Division
of this application.
9.
The premises of the car rental agency shall be developed substantially in
Planning and Building
accordance with plans and specifications submitted to the City of Anaheim
Department,
by the petitioner, which plans are on file with the Planning Department, and
as conditioned herein.
Planning Services
Division
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