Resolution-PC 2016-023RESOLUTION NO. PC2016-023
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2015-05842 AND VARIANCE NO. 2016-05059 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00123)
(321 - 327 NORTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2015-05842 and Variance
No. 2015-05059 to permit the expansion of an existing auto body, repair, and sales facility, and
Variance No. 2016-05059 for front and interior setbacks less than required by Anaheim
Municipal Code (the "Code"), less parking spaces than required by the Code, and a waiver of
street dedication and improvement requirements (herein referred to collectively as the "Proposed
Project") on that certain real property located at 321 - 327 North Anaheim Boulevard 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 0.51 acres in size and is currently developed
with an auto body/paint shop and auto sales business. The Anaheim General Plan designates the
Property for "Mixed Use" land uses. The Property is located within the "C -G" General
Commercial Zone. As such, the Property is subject to the zoning and development standards
described in Chapter 18.08 (General Commercial Zone) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 7, 2016 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. 2015-05842 and Variance No. 2015-05059 and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, subsequent to giving notice of said public hearing, it was determined that
the variances for a reduced interior setback, waiver of street dedication and improvement, and
less parking spaces than required by the Code in conjunction with Variance No. 2016-05059,
was not warranted. Accordingly, those variance requests have been eliminated as a part of the
petitioner's request and is not a part of the Proposed Project; 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 the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; 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, 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, among other things, the repair, maintenance, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, involving negligible or no expansion of use beyond that existing at the
time of this determination. Section 15301 (Existing Facilities) of the CEQA Guidelines provides
examples of projects that might qualify for an exemption from the provisions of CEQA. The one
example that is applicable to the Proposed Project is for:
"(e) Additions to existing structures provided that the addition will
not result in an increase of more than .. .
(1)....
(2) 10,000 square feet if:
(A) The project is in an area where all public services and
facilities are available to allow for maximum development permissible in
the General Plan and
(B) The area in which the project is located is not
environmentally sensitive."
The Proposed Project meets the criteria of Section 15301 of the CEQA Guidelines, and,
therefore, pursuant to Section 15301 of Title 14 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, 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 pertaining to the request for Conditional Use Permit No. 2015-05842, does find and
determine the following facts:
1. The proposed request to expand the existing Automotive -Repair & Modification
and Automotive -Vehicle Sales, Lease & Rental uses at the Property is within that class of
primary uses within the "C -G" General Commercial Zone, which is subject to a conditional use
permit as authorized under Table 8-A of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial
Zones) of the Code.
2. The proposed conditional use permit, 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. The Proposed Project will continue to operate in a manner which is not detrimental
to adjacent properties, and will improve the operations as all repair and modification uses will be
conducted inside the remodeled building and in accordance with the Code with the exception of
the front setbacks described below.
3. The size and shape of the site for the use 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 has been designed to comply with all Code requirements
(with the exception of the reduced front setbacks described below).
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4. 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
number of vehicles entering and exiting the site is consistent with the Automotive -Repair &
Modification and Automotive- Vehicle Sales, Lease & Rental uses that are conditionally
permitted in the "C -G" General Commercial Zone.
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
Project will be compatible with the surrounding area through conditions of approval for the use
and is not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, paragraphs .0101 and .0102 of Subsection .010 (Setbacks) of Section
18.08.060 (Structural Setbacks) of Chapter 18.08 (Commercial Zones of the Code require the
minimum landscaped and structural setbacks in the Commercial Zones abutting a local street,
such as Adele Street, to be ten (10) feet, "as measured from the ultimate highway right-of-way
line as designated on the Circulation Element of the General Plan". Those setback requirements
apply in addition to the setback and yard requirements set forth in paragraph .0201 (Street
Setbacks for Non -Residential and Multiple -Family Residential Lots) of Subsection .020
(Measurements) of Section 18.40.040 (Structural Setbacks and Yards) of Chapter 18.40 (General
Development Standards) of the Code, which require "the minimum setbacks for all non-
residential ... lots and parcels adjoining [a] ... public ... street[] ... [to] be measured from the
closest building to the ... [t]he ultimate right-of-way of any adjacent public street or arterial
highway ...." Because the Proposed Project shows a setback of six (6) feet from the ultimate
right-of-way of Adele Street, the applicant has requested a variance from the setback
requirements; 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 pertaining to the request to expand an existing auto body/paint shop and sales use
with front setbacks less than required by Code, has determined that Variance No. 2015-05059
should be approved for the following reasons:
SECTION NO. 18.08.060.010 Structural and Landscaped setbacks adjacent to
a Local Street.
(10 feet required; 6 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other properties under the identical
zoning classification in the vicinity of the proposed Project, because the site improvements and
the increased setback along Adele Street (from 0 feet to 6 feet) is designed in a manner that is
sensitive to the adjacent properties by providing a reasonable front landscape setback with
significantly more landscaping than what exists on the site currently. With a variance, the
property owner would be allowed to develop the property in a manner that is compatible with the
other commercial uses along Anaheim Boulevard.
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2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity because the existing building is legal nonconforming due to the zero
lot line setback along Adele Street. Implementation of the project would reduce this
nonconformity, as the project includes the removal of a 6 -foot portion of the building that is
located along Adele Street; thereby reducing the nonconforming setback from zero feet to six
feet. With a variance, the property owner would be allowed to develop the property in a manner
that is compatible with the other commercial uses along Anaheim Boulevard.
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. 2015-05842 and Variance No. 2015-05059, 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. 2015-05842 and Variance
No. 2015-05059 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 7, 2016. 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.
CH , 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 March 7, 2016, 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 7'h day of March, 2016.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00123
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- 6 - PC2016-023
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05842 AND VARIANCE NO. 2015-05059
(DEV2015-00123)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OFA BUILDING PERMIT
1
All requests for new water services, backflow equipment, or fire
Public Utilities
lines, as well as any modifications, relocations, or abandonments of
Department,
existing water services, backflow equipment, and fire lines, shall
Water Engineering
be coordinated and permitted through Water Engineering Division
Division
of the Anaheim Public Utilities Department.
2
Building plans shall show conformance with the current version of
Public Works
Engineering Standard Details 402, 436, 470, and 471 pertaining to
Department,
parking standards. Subject property shall thereupon be developed
Traffic Engineering
and maintained in conformance with said plans.
Division
3
A plan sheet for solid waste storage and collection and a plan for
Public Works
recycling shall be submitted to the Public Works Department,
Department,
Streets and Sanitation Division for review and approval.
Streets and Sanitation
Division
4
Trash storage areas shall be provided and maintained in a location
Public Works
acceptable to the Public Works Department, Streets and Sanitation
Department,
Division and in accordance with approved plans on file with said
Streets and Sanitation
Department. Said storage areas shall be designed, located and screened
Division
so as not to be readily identifiable from adjacent streets or highways.
The walls of the storage areas shall be protected from graffiti
opportunities by the use of plant materials such as minimum 1 -gallon
size clinging vines planted on maximum 3 -foot centers or tall
shrubbery. Said information shall be specifically shown on the plans
submitted for building permits.
5
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
6
The property owner shall irrevocably offer to dedicate in a signed deed
Public Works,
to the City of Anaheim an easement 53- feet in width from the
Development Services
centerline of Anaheim Boulevard and a comer cut-off dedication at
Division
Anaheim Boulevard and Adele Street for road, public utilities, and
other public purposes.
7
The developer shall obtain a right-of-way construction permit and post
Public Works,
a security for construction of all required public improvements within
Development Services
street right of way.
Division
- 7 - PC2016-023
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
The legal property owner shall submit a Lot Line Adjustment to Public
Public Works,
Works, Development Services for review and approval to modify or
Development Services
merge the existing two lots into one parcel. The Lot Line Adjustment
Division
and Conformance Deed shall be recorded prior to issuance of a
building permit.
9
The legal property owner shall submit an application for a Subdivision
Public Works,
Map Act Certificate of Compliance to the Public Works Department,
Development Services
Development Services Division. A Certificate of Compliance or
Division
Conditional Certificate of Compliance shall be approved by the City
Surveyor and recorded in the Office of the Orange County Recorder
prior to issuance of a building permit.
10
Building plans shall show conformance with the current version of
Public Works,
Engineering Standard Detail 115 pertaining to driveway design, sight
Development Services
distance visibility for signs, landscaping, and fence/wall locations.
Division
11
Building plans shall show conformance with the current version of
Public Works,
Engineering Standard Detail 473 pertaining to driveway spacing and
Development Services
distance from public ROW to nearest parking space, subject to the
Division
approval of the City Engineer. Subject property shall thereupon be
developed and maintained in conformance with said plans.
PRIOR TO FINAL BUILDINGAND ZONING INSPECTIONS
12
Prior to final building and zoning inspections, fire lanes shall be
Public Works,
posted with "No Parking Any Time." Said information shall be
Traffic Engineering
specifically shown on plans submitted for building permits.
Division
13
All required public right-of-way improvements shall be completed,
Public Works,
operational, and are subject to review and approval by the
Development Services
Construction Services Inspector.
Division
14
That ongoing during project operations, vehicle deliveries including
Public Works,
loading and unloading shall be performed on site. Delivery vehicles
Development Services
shall not block any part of the public right of way.
Division
15
The building shall be equipped with an alarm system (silent or
Police Department
audible).
16
Address numbers shall be positioned so as to be readily readable
Police Department
from the street. Numbers should be visible during hours of darkness.
17
Complete a Burglary/Robbery Alarm Permit application, Form APD
Police Department
516, and return it to the Police Department prior to initial alarm
activation. This form is available at the Police Department front
counter, or it can be downloaded from the following web site:
httn://www.anaheim.net/article.aW?id=678
18
All exterior doors to have adequate security hardware, e.g. deadbolt
Police Department
locks.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
19
Rooftop address numbers shall be provided for the police helicopter.
Police Department
Numbers shall be a minimum size of 4 ft. by 2 ft. The lines of the
numbers are to be a minimum of 6 inches thick. Numbers should be
spaced 12 to 18 inches apart. Numbers should be painted or
constructed in a contrasting color to the roofing material. Numbers
should face the street to which the structure is addressed. Rooftop
numbers are not to be visible from ground level.
20
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
21
Prior to connection of electrical service, the legal owner shall
Public Utilities,
provide to the City of Anaheim a Public Utilities easement with
Electrical Engineering
dimensions as shown on the approved utility service plan.
OPERATIONAL CONDITIONS
22
No required parking area shall be fenced -off or otherwise enclosed
Planning Department,
for outdoor storage uses.
Code Enforcement
Division
23
Adequate lighting of parking lots, driveway, circulation areas, aisles,
Police Department
passageways, recesses and grounds contiguous to buildings shall be
provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or
about the premises during the hours of darkness and provide a safe,
secure environment for all persons, property, and vehicles on-site.
24
The applicant shall be responsible for maintaining the area adjacent
Planning Department,
to the premises over which they have control, in an orderly fashion
Code Enforcement
through the provision of regular maintenance and removal of trash
Division
or debris. Any graffiti painted or marked upon the premises or on
any adjacent area under the control of the licensee shall be removed
or painted over within 24 hours of being applied.
25
No more than seven parking spaces shall be used as display spaces
Planning Department,
for auto sales, in order to comply with the code -required minimum
Planning Services
parking requirements.
Division
26
The business shall be operated in accordance with the operations
Planning Department,
letter 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
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
27
The applicant shall receive all necessary approvals for the
Planning Department,
permitting of the paint booth by the South Coast Air Quality
Planning Services
Management District.
Division
- 9 - PC2016-023
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
28
Conditions of approval related to each of the timing milestones above
Planning Department,
shall be prominently displayed on plans submitted for permits. For
Planning Services
example, conditions of approval that are required to be complied with
Division
prior to the issuance of building permits shall be provided on plans
submitted for building plan check. This requirement applies to
building permits, grading permits, street improvement plans, water
and electrical plans, landscape irrigation plans, and fire and life safety
plans, etc.
29
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.
30
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.
31
The property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department
Division
and as conditioned herein.
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