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Resolution-PC2025-016RESOLUTION NO. PC2025-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO ALLOW AUTOMOTIVE - REPAIR AND MODIFICATION: MAJOR FACILITY AND A PARKING VARIANCE TO PERMIT FEWER PARKING SPACES THAN REQUIRED BY CODE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2024-00052) (1010-1012 EAST ORANGEFAIR LANE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a conditional use permit for an Automotive Repair and Modification: Major use (the "Proposed Project") and a parking variance to permit fewer parking spaces than required by Code on certain real property located at 1010-1012 East Orangefair Lane 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 0.25 acres in area and is developed with an existing 5,208-square-foot single -story industrial building with two tenant spaces (1010 and 1012 East Orangefair Lane). The Property is designated for Industrial land uses in the General Plan. The Property is in the Industrial Zone and is subject to the zoning and development standards contained in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Automotive —Repair and Modification: Major use class proposed for the tenant space addressed as 1012 East Orangefair Lane requires a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .040 of Section 18.10.030 (Uses) and WHEREAS, a parking variance is subject to the approval by the Planning Commission pursuant to Subsection .010 of Section 18.42.110 (Parking Variance) and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 2, 2025, at 5:00 p.m., with 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 the Proposed Project 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"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301 — Existing Facilities. The Proposed Project is a request for an Automotive — Repair and Modification: Major use for an automotive body repair shop within an existing industrial building with no expansion, and operation would be consistent with historic levels of operation on the subject property. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the Proposed Project that would cause a significant effect on the environment and, therefore, the Proposed Project would be 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 a conditional use permit, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized as an allowable use within the Industrial Zone under subsection .040 of Section 18.10.030 (Uses) of Chapter 18.10 Industrial Zone of the Code, subject to a conditional use permit for an Automotive - Repair and Modification: Major use. 2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the proposed automotive body repair shop will be compatible with the surrounding industrial and warehouse uses typically found in the Industrial Zone. The use is consistent with the character of the area and will comply with the applicable development standards, aside from the requested parking variance. The business will operate by referral only, resulting in lower intensity than a typical automotive repair facility. All work, including vehicle modifications, will occur entirely within the building, ensuring no impact on adjacent properties or the continued growth and development of the area. 3. 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 size and shape of the site are adequate for the proposed use. The business will occupy an existing tenant space without expanding the building, and the site can support the anticipated demand without creating detrimental effects on adjacent properties. The site consists of a single -story industrial building with two tenant spaces (1010 and 1012 East Orangefair Lane), each having their own designated parking area at the rear of the property. The proposed automotive body repair shop would occupy the tenant space at 1012 East Orangefair Lane. The building is fully developed and provides a front yard setback of 10 feet, measured from the property line and a 62-foot rear yard setback, measured from the alleyway. The building was developed in a consistent manner to the other buildings in the area with similar setbacks and building sizes. The proposed automotive body repair shop would install a new spray booth with new rooftop exhaust ducts. All new mechanical equipment would be screened from the public street to minimize visual impact as required by the Code. Finally, the size and shape of the - 2 - PC2025-016 site is adequate to allow for the full development of the proposed automotive body repair shop use, in a manner not detrimental to the area or health and safety. 4. 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 Proposed Project involves no new construction or expansion of the existing industrial building, and the existing infrastructure is sufficient to support the proposed use. With only two employees and operations limited to referrals, the business is expected to generate less traffic than a typical automotive body repair shop or warehouse facility. 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 because the proposed project is located adjacent to similar industrial uses and is consistent with the established land use pattern in the area. Conditions of approval will ensure the use is well -maintained and remains compatible with neighboring properties. Therefore, approval of the conditional use permit with the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. WHEREAS, the Planning Commission, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing with respect to the request for a parking variance, does find and determine the following facts: SECTION 18.42.040.010 Minimum Number of Parking_ Spaces (14 spaces required; 9 spaces proposed) 1. 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 the proposed use under the normal and reasonably foreseeable conditions of operation of the use, because nine on -site parking spaces will adequately serve both tenant spaces based on their respective operational needs. The existing industrial tenant, which is not part of this request, requires five parking spaces, leaving four spaces for the proposed automotive body repair shop. The automotive body repair shop will operate with only two employees and serves clients through insurance referrals. There are no walk-in services, and customer vehicles are only kept on -site while actively being repaired. As a result, the business generates a limited and consistent volume of on -site vehicles, and the available parking will be sufficient to meet its foreseeable demand. 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. The proposed parking reduction will not result in increased reliance on public street parking. The automotive body repair shop will operate on a referral -based, appointment -only model which allows for a predictable and controlled vehicle schedule. To eliminate traffic and parking concerns, the business owner and staff will pick up and deliver all vehicles requiring repair. No more than three vehicles will be on -site at any given time, ensuring all activity remains within the available - 3 - PC2025-016 in the building. In addition, the business is not open to the public for general services or waiting, ;further limiting the likelihood of overflow parking in the surrounding area. 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. All vehicles associated with the businesses, including those of employees and customers, will park on -site within the nine designated spaces. The property owner will install signage and implement internal enforcement measures to prevent unauthorized parking on neighboring parcels. Additionally, the adjacent industrial tenant will manage its own parking demand within the shared lot and will not be impacted by the proposed use. 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 proposed parking arrangement will not result in congestion within the on -site parking areas. The automotive body repair shop services a maximum of three vehicles at a time which are transported to and from the site by staff, which limits vehicle volume and ensures a predictable flow of traffic. The adjacent industrial tenant further reduces overall site demand. Drive aisles will remain clear, and the parking layout will allow for efficient circulation and access without blocking or queuing. 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. The proposed variance will not interfere with access to adjacent properties. All vehicular ingress and egress will be confined to the subject property's designated driveway, and no changes are proposed to existing alleyways or circulation patterns. There will be no obstruction to public rights -of -way or access to adjacent parcels. 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. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit and variance, 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 for which the conditional use permit 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 (Extension of Time to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent - 4 - PC2025-016 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 of Permit Approval) and 18.60.200 (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 June 2, 2025. 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. VICE C ERSON, PLANNING COMMISSION OF THE ITY OF ANAHEIM ".1 SEC.K-1TAI LA-NMNG COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2025-016 EXHIBIT "A" DEV NO.2024-00052 APN: 267-051-08 z J O Q W Z W Z E ORANGEFAIR LN 70' f i- 70 Source: Recorded Tract Maps and/or City GIS. a Feet Please note the accuracy is +I- two to five feet. y EXHIBIT "B" CONDITIONAL USE PERMIT AND VARIANCE (DEV2024-00052) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO BUSINESS OPERATION The applicant/business owner shall submit building plans for Pl Building 1 Deg review and approval for all tenant improvements. partment, Building Division ON -GOING DURING PROJECT GRADING, CONSTRUCTIONAND OPERATIONS Ongoing during project operations, loading and unloading of Public Works Department, 2 vehicles shall be performed on site. Delivery vehicles shall not Traffic Engineering block any part of the public riht-of-wa . Division Ongoing during project operations, all vehicles associated with Public Works Department, 3 the facility shall be parked on -site and be prohibited from Traffic Engineering arkinn on public and private streets in the vicinity. Division GENERAL 4 All CBC and CFC requirements shall be met for permit Fire and Resue issuance. Any fire permits, which include fire sprinklers, fire Department, alarm, etc. shall be submitted directly to the Anaheim Fire and Community Risk Rescue Department. Reduction Division 5 The business shall be operated in accordance with the Letter of Planning and Building Request and Justification submitted as part of this application. Department, Any changes to the business operation as described in these Planning Services Division documents shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. 6 The operation shall be subject to the following limitations and Planning and Building requirements: Department, • A maximum of two employees shall be permitted on site Planning Services Division at any one time. • No more than three vehicles associated with the business shall be stored or under repair on site at any given time, and all such vehicles must be stored entirely indoors. • All business -related vehicles shall be parked only in designated parking spaces. No parking or storing of cars NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT shall occur in drive aisles, fire lanes, alley, or any location that would obstruct vehicular circulation on site. • The business shall operate on a referral -only basis. Walk-in customers shall not be permitted. 7 Landscaping shall be replaced by the applicant in a timely Planning and Building manner if it is removed, damaged, diseased, and/or dead. All Department, new landscaping shall be installed by the ownerldeveloper in Planning Services Division conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code and shall be maintained in perpetuity. 8 The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "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. 9 The premises shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning and Planning Services Division Building De artment, and as conditioned herein. 10 The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division 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. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Bridgette Bambrick, 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 June 2, 2025, by the following vote of the members thereof - AYES: Commissioners Abdulrahman, Castro, Kelly, Lieberman, Perez, and Tran-Martin. NOES: None ABSTAIN: None ABSENT: Chairperson Walker IN WITNESS WHEREOF, I my hand this 2nd day of June 2025. G COMMISSION OF--el"I'Y OF ANA14EIM