Resolution-PC 2016-020RESOLUTION NO. PC2016-020
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05820
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00077)
(2222 EAST HOWELL AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-
05820 to permit a wholesale automobile auction facility within a portion of an industrial
property (the "Proposed Project") for premises located at 2222 East Howell Avenue 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; and
WHEREAS, the Property is approximately 8.63 acres in size and is currently
developed with a recreational vehicle storage facility and automotive repair facilities. The
Anaheim General Plan designates the Property for Office -High land uses. The underlying
zone of the Property is the "I" Industrial Zone, meaning that the Property is subject to the
zoning and development standards contained in Chapter 18.10 (Industrial Zone) of the
Anaheim Municipal Code (the "Code"); however, the Property is also located within the
Platinum Triange Mixed Use (PTMU) Overlay Zone, meaning that the Property is subject to
the zoning and development standards contained in Section 18.20 (Platinum Triange Mixed
Use (PTMU) Overlay Zone) of the Code, which shall supersede the regulations of the "I"
Industrial Zone, unless an exception applies; and
WHEREAS, while an automobile auction facility is not a permitted use within the
Platinum Triange Mixed Use (PTMU) Overlay Zone, the zoning and development standards
contained in Section 18.20 (Platinum Triange Mixed Use (PTMU) Overlay Zone) of the Code
are not applicable to the Proposed Project because the portion of the Property proposed for use
by the Proposed Project is proposed to be developed entirely under the "I" Industrial Zone;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 22, 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. 2015-05820, and to investigate and make findings and
recommendations in connection therewith. The public hearing was continued by the Planning
Commission to March 7, 2016 at 5:00 p.m.; 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 (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 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, 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-
05820, does find and determine the following:
1. The proposed wholesale automobile auction facility is an allowable
primary use within the "I" Industrial Zone, subject to a conditional use permit, as authorized
under Section 18.10.030.0402 of the Code.
2. The proposed conditional use permit to permit a wholesale automobile
auction facility, 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
auction facility would be located within an existing industrial property that was previously
used for vehicle storage and is 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 automobile auction facility 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 property that provides a sufficient number of onsite parking spaces and vehicle
circulation as justified in the applicant's letter dated January 20, 2016.
4. The traffic generated by the automobile auction facility 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 and circulation 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 industrial and office
uses in the area and would not pose a health or safety risk to the citizens of the City of
Anaheim.
WHEREAS, this 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. This 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, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05820,
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 that portion of the Property for which Conditional Use
Permit No. 2015-05820 is applicable 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 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.
CHAIR PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
2;7z_ -_
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Moms, 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. 2015-00077
ccvC Source: Recorded Tract Maps and/or City GIS.
Fie. Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05820
(DEV2015-00077)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
I
Any graffiti painted or marked upon the business premises or on any
Planning and Building
adjacent area under the control of the business owner shall be
Department,
removed or painted over within 24 hours of being applied or
Code Enforcement
discovered by the business owner.
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2
The business shall be operated in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to the
Department,
business operation, as described in that document, shall be subject to
review and approval by the Planning Director to determine substantial
Planning Services
conformance with the Letter of Request and to ensure compatibility
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with the surrounding uses.
3
Ongoing during project operation, all vehicle loading and unloading
Public Works
operations shall occur on site. Transport vehicles shall be able to
Department,
circulate on site. Transport vehicles shall not back into or out of the
Traffic Division
project site to or from public streets.
4
Within 30 days of the date of this resolution, all unpermitted, non-
Planning and Building
conforming signs along the Howell Avenue frontage shall be
Department,
removed. The owner shall notify the Code Enforcement Division at
Code Enforcement
(714) 765-5158 upon satisfaction of this condition.
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5
Within 30 days of the date of this resolution, all barbed wire fencing
Planning and Building
visible from Howell Avenue frontage shall be removed. The owner
Department,
shall notify the Code Enforcement Division at (714) 765-5158 upon
Code Enforcement
satisfaction of this condition.
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GENERAL CONDITIONS OFAPPROVAL
6
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively referred
Department,
to individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
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.
7
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
8
The business premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner, which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
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