Resolution-PC 2016-063RESOLUTION NO. PC2016-063
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05809 AND
ADMINISTRATIVE ADJUSTMENT NO 2016-00386 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2015-00063)
(2612 AND 2622 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05809
and Adminstrative Adjustment No. 2016-00386 to permit four "Automotive — Sales Agency
Offices (Retail)" with less parking spaces than required by the Zoning Code within an existing
multi -tenant commercial complex (the "Proposed Project") on certain real property located at
2612 and 2622 West Lincoln 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 (the "Property"); and
WHEREAS, the Property is approximately 0.9 acres in size and is currently
developed as a commercial center with four buildings. The Anaheim General Plan designates
the Property for General Commercial land uses. The Property is located in the "C -G" General
Commercial Zone, meaning that the Property is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code");
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 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. 2015-05809 and Administrative Adjustment No. 2016-00386, 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 (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
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 operation, repair, maintenance, permitting, leasing,
licensing, 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, 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 Proposed project and, specifically, with respect to the request for
Conditional Use Permit No. 2015-05809, does find and determine the following:
1. The proposed four "Automotive — Sales Agency Offices (Retail)" within the
existing commercial buildings are allowable primary uses in the "C -G" General Commercial
Zone authorized by 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 Section 18.38.065 (Automotive — Sales Agency Office (Retail)) of the Code.
2. The proposed conditional use permit to permit four "Automotive — Sales
Agency Offices (Retail)", 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 offices will operate within existing multi -tenant commercial buildings and will not have an
adverse affect on adjacent properties.
3. The size and shape of the site for the use is adequate to allow the full
development of the four "Automotive — Sales Agency Offices (Retail)" in a manner not
detrimental to the particular area or to the health and safety because the facility is located within
an existing commercial property that provides a sufficient number of on-site parking and vehicle
display spaces, and vehicle circulation will be in accordance with the plans and materials
submitted.
4. The traffic generated by the use 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 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 commercial and multi -family
residential uses in the area and would not pose a health or safety risk to the citizens of the City
of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the request
for Administrative Adjustment No. 2016-00386 should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(69 spaces required; 62 spaces proposed)
1. The adjustment is consistent with the purposes and intent of the Zoning Code
because the subject property is located in the "C -G" General Commercial zone which encourages
a variety of comercially-related land uses. Through observation, it was determined that the
proposed parking would be adequate to serve the needs of the proposed Automotive Sales
Agency Office (Retail) uses and existing commercial tenants.
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2. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment since the project site is located within existing
commercial buildings in which the size and configuration does not allow for additional parking
spaces to be accommodated. The only alternative to processing an administrative adjustment
would be to demolish a portion of the structures at the Property in order to provide space to
accommodate the additional parking.
3. The adjustment will not produce a result that is out of character or detrimental to
the neighborhood as the subject Property is located in an existing commercial center with similar
land uses. The subject Property was observed on five occasions by staff, who observed sufficient
parking availability to accommodate the Proposed Project. The automotive sales agency offices
conduct most of their work online or over the phone, and do not accommodate a large number of
customers on-site; therefore, the automotive sales agency office (Retail) uses will not impact the
surrounding neighborhood.
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.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. No. 2015-05809 and
Administrative Adjustment No. 2016-00386, 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. 2015-05809 and Administrative Adjustment No.
2016-00386 are 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.
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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 August 22, 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.
CHAIRMAN, 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 August 22, 2016 by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, LIEBERMAN, HENNINGER, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this 22"d day of August, 2016.
/72
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00063
APN: 126-032-06
126-032-07
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Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05809 AND
ADMINISTRATIVE ADJUSTMENT NO. 2016-00386
(DEV2015-00063)
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
OPERATIONAL CONDITIONS
1
A maximum of four (4) retail and/or wholesale automotive sales
Planning and Building
agency businesses shall be permitted on-site.
Department
Cofe Enforcement
Division
2
A maximum of two (2) vehicles per automotive sales agency
Planning and Building
business, not to exceed eight (8) total vehicles, shall be stored on-
Department
site and only in designated display spaces.
Cofe Enforcement
Division
3
Automobiles in the possession or under the control of any person
Planning and Building
operating an Automotive — Sales Agency Office (Retail or
Department
Wholesale) and offered for sale to a consumer shall not be stored,
sold, or displayed upon any public street or highway. [See
Cofe Enforcement
paragraph . 0104 of Subsection .010 of Section 18. 38. 065 of the
Division
Anaheim Municipal Code.]
4
Ongoing during project operations, vehicle deliveries, including
Public Works
loading and unloading, shall be performed on site. Delivery
Department
vehicles shall not block any part of the public right-of-way.
Traffic &
Transportation Division
GENERAL CONDITIONS
5
The business shall be operated in accordance with the Letter of
Request submitted as part of this application. Any changes to the
planning and Building
business operation, as described in that document, shall be subject
Department,
to review and approval by the Planning Director to determine
Planning Services
substantial conformance with the Letter of Request and to ensure
Division
compatibility with the surrounding uses.
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6
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees") from
any and all claims, actions or proceedings brought against
Planning Services
Indemnitees to attack, review, set aside, void, or annul the decision
Division
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.
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
Department,
the issuance of the final invoice or prior to the issuance of building
permits for this project, whichever occurs first. Failure to pay all
Planning Services
charges shall result in delays in the issuance of required permits or
Division
may result in the revocation of the approval of this application.
8
The business premises shall be developed substantially in
Planning and Building
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner, which plans are on file with the
Planning Services
Planning Department, and as conditioned herein.
Division
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