Resolution-PC 2017-029RESOLUTION NO. PC2017-029
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05904 AND VARIANCE NO. 2017-05087 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00005)
(2841 EAST WHITE STAR AVENUE, SUITE E)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2017-
05904 to permit an automotive sales facility and (ii) Variance No. 2017-05087 to allow fewer
parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning
Code") (collectively referred to herein as the "Proposed Project") for premises located within a
portion of that certain real property at 2841 East White Star Avenue, Suite E 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 2.1 acres in size and is currently
developed with a multi -tenant industrial complex. The Property is located in the Industrial Area
(Development Area 1) of the Anaheim Canyon Specific Plan Area and is subject to the zoning
and development standards of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 (SP
2015-1) Zoning and Development Standards) of the Zoning Code. The Anaheim General Plan
designates the Property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 6, 2017 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 Zoning Code, to hear and consider evidence for and against proposed
Conditional Use Permit No. 2017-05904 and Variance No. 2017-05087, 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 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
WHEREAS, the Planning Commission finds and determines that the Proposed
Project is 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
- 1 - PC2017-029
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. 2017-05904, does find
and determine the following:
1. The proposed automotive sales facility within an existing industrial complex
is an allowable primary use within the Industrial Area (Development Area 1) of the Anaheim
Canyon Specific Plan Area, subject to approval of a conditional use permit, as stated in Table
120_B (Primary Uses by Development Area: Non -Residential Use Classes) of Section
18.120.040 of the Zoning Code.
2. The proposed automotive sales facility under the conditions imposed, 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 building is surrounded by compatible industrial buildings
and uses; and, the automotive sales facility would be located within an existing building with no
adverse effects to adjoining land uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the automotive sales faciclity in a manner not detrimental to the particular area
or to the health and safety because the use would be located within an existing industrial building
that is surrounded by other industrial uses.
4. The traffic generated by the automotive sales 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 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 offices in the area and will not pose
a health or safety risk to the citizens of the City of Anaheim.
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 Zoning Code should be approved for
the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking, spaces.
(68 spaces required; 62 spaces proposed)
1. Based, in part, upon a review of the letter of request submitted by the applicant
and observations made by staff, that the variance, under the conditions imposed, will not cause
fewer off-street parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the normal and
reasonably foreseeable conditions of operation of such use because the automotive sales
operations would be by appointment only and all vehicles would be stored within the building;
and
- 2 - PC2017-029
2. That the variance, 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 the proposed automotive sales facility;
3. That the variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of
the proposed use because the on-site parking for the industrial complex will adequately
accommodate peak parking demands of all uses on the site;
4. That the variance, under the conditions imposed, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on-site circulation; and
5. That the variance, 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 proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on-site circulation.
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. 2017-05904 and Variance No. 2017-05087, 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. 2017-05904 and Variance
No. 2017-05087 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 Zoning 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 Zoning 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 Zoning
Code.
- 3 - PC2017-029
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 Zoning 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 6, 2017. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2017-029
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 6, 2017 by the following vote of the
members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of March 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2017-029
EXHIBIT "A"
DEV NO. 2017-00005
Source: Recorded Tract Maps and/or City GIS.
>Pc Please note the accuracy is +/- two to five feet.
- 6 - PC2017-029
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2017-05904 AND
VARIANCE NO. 2017-05087
(DEV2017-00005)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the business owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
Division
2
All automotive inventory, display, and sales shall occur inside the
Planning and Building
building.
Department,
Planning Services
Division
3
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
Planning Services
review and approval by the Planning Director to determine substantial
Division
conformance with the Letter of Request and to ensure compatibility
with the surrounding uses.
4
That ongoing during project operations, vehicle deliveries including
Planning and Building
loading and unloading shall be performed on site. Delivery of
Department,
vehicles shall not block any part of the public right-of-way.
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
5
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,
Division
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
- 7 - PC2017-029
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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
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
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
7
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department,
Planning Services
and as conditioned herein.
Division
- 8 - PC2017-029