Resolution-PC 2021-037
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RESOLUTION NO. PC2021-037
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2021-06112 AND MAKING CERTAIN FINDINGS IN CONNECTION
THEREWITH
(DEV2021-00164)
(5604 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred
to as the "Planning Commission") did receive a verified petition to approve Conditional
Use Permit No. 2021-06112 to establish an automotive retail sales agency office, and the
continued use of an automotive repair and modification business within an existing
industrial building (the “Proposed Project”), at a certain real property located at 5604 East
La Palma Avenue in the City of Anaheim, County of Orange, State of California, as
generally depicted on Exhibit A attached hereto and incorporated herein by this reference
(the "Property"); and
WHEREAS, the Property is approximately 8.8 acres and is currently developed
with four single-story industrial/warehouse buildings totaling approximately 138,000
square feet in floor area and a surface parking area. The Property is designated for
Industrial land uses by the Anaheim General Plan. The Property is also located in
Development Area No. 1 of the Anaheim Canyon Specific Plan (SP 2015-1) and is subject
to the zoning and development standards contained in Chapter 18.120 (Anaheim Canyon
Specific Plan No. 2015-1 Zoning and Development Standards) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 6, 2021 at 5:00 p.m. and 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. 2021-06112 and to investigate and make findings
and recommendation 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 Procedures , 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 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
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not cause a significant effect on the environment and is, therefore, categorically exempt
from the provisions of CEQA; and
WHEREAS, this 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 2021-06112,
does find and determine the following:
1. The Proposed Project is an allowable use within Development Area No. 1 of the
Anaheim Canyon Specific Plan (SP 2015-1) under subsection .010 of Section
18.120.040.010 (Primary Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan
No. 2015-1 Zoning and Development Standards) of the Code, subject to a
conditional use permit and the zoning and development standards of the Anaheim
Canyon Specific Plan (SP 2015-1).
2. That the proposed automotive retail sales office and automotive repair and
modification business would not adversely impact adjoining industrial, warehouse,
and commercial land uses because the proposed use would be less intensive than
most industrial and warehouse uses in the vicinity and will not adversely affect the
growth and development of the area in which it is proposed to be located, because
the majority of operations would be provided inside the building. Further, the
project would meet the AMC required number of parking spaces, traffic generated
by the proposed use would not impose an undue burden on streets and highways in
the area, and adequate on-site circulation and access would be provided.
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the
particular area or health and safety because the proposed use would occupy an
existing building without any expansion, and accommodate the parking, traffic
flows, and circulation without creating detrimental effects on adjacent properties.
4. That the traffic generated by the proposed use 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.
5. That 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 in
that any potential impacts on the surrounding uses would be minimal; and
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 negate 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. 2021-06112,
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. 2021-06112 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.
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EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2021-06112
(DEV2021-00164)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
GENERAL
1 That ongoing during project operations, public streets or parking lots
shall not be used for outdoor storage, storage of trailers or non-
motorized vehicles, automobile washing or detailing, automobiles
repair maintenance, storage of inoperable vehicles, or advertising on
vehicles or trailers.
Public Works
Department,
Traffic Engineering
2 That ongoing during project operations, loading and unloading of all
deliveries including vehicle deliveries shall be performed on site.
Loading and unloading of vehicle transport trucks/tow-trucks shall not
be in the public right of way.
Public Works
Department,
Traffic Engineering
3 The business shall be operated in accordance with the Letter of Request
submitted as part of this application. Any changes to the business
operation as described in that document shall be subject to review and
approval by the Planning Director to determine substantial
conformance with the Letter of Request and to ensure compatibility
with the surrounding uses.
Planning and Building
Department,
Planning Services
Division
4 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively referred
to individually and collectively as “Indemnitees”) from any 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.
Planning & Building
Department,
Planning Services
Division
5 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
issuance of the 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 issuance of required permits or may result in the
revocation of the approval of this application.
Planning & Building
Department,
Planning Services
Division
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
6 The property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the applicant
and which plans are on file with the Planning Department.
Planning & Building
Department,
Planning Services
Division
7 The applicant shall comply with the following operations conditions:
A. The outdoor vehicle storage area shall be screened from view
from any adjacent public right-of-way or freeway.
B. There shall be no advertising of vehicles for sale.
C. There shall be no repair and/or maintenance of vehicles
outside of the building.
D. There shall be no display of vehicles on public streets.
E. During non-business hours, all vehicles shall be stored
within the building or within the adjacent storage yard.
Planning & Building
Department,
Planning Services
Division