Resolution-PC 2012-058RESOLUTION NO. PC2012 -058
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2012-05620
AND VARIANCE NO. 2012 -04904
(DEV2012- 00077)
(102 -106 WEST LA PALMA AVENUE)
WHEREAS, on June 18, 1964, the Anaheim Planning Commission did, by its
Resolution No. 1180, grant Variance No. 1639, to waive the required parking to reconstruct and
expand an existing mattress assembly plant; and
WHEREAS, on August 7, 1995, the Anaheim Planning Commission, by motion,
did determine that a proposed embroidery facility was substantially in conformance with the
previously approved use; and
WHEREAS, the Planning Commission did receive a verified Petition for
Conditional Use Permit No. 2012 -05620 and Variance No. 2012 - 04904, as described below; and
WHEREAS, the applicant requests a Conditional Use Permit and Variance to
permit an automobile accessory installation facility with fewer parking spaces than required by
Code; and
WHEREAS, the subject property is developed with an embroidery facility and is
located in the C -G (General Commercial) Zone, and the Anaheim General Plan designates this
property for Low Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on August 27, 2012, 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 the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
amendment to conditional use permit and variance and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said 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, does find and determine the following facts:
1. The proposed request to permit an automobile accessory installation facility with
fewer parking spaces than required by Code is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Automotive — Repair and
Modification).
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2. The proposed conditional use pernut, 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 repairs will be conducted indoors and the repair facility will be facing
an alley to west.
3. The size and shape of the site for the use is adequate to allow the full development
of the proposed project in a manner not detrimental to the particular area or to the health and
safety because the property has been operated in a similar manner and no building expansion is
proposed.
4. The traffic generated by the proposed project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
property is designated for commercial uses and will continue to be used in a similar manner.
5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed project will be compatible with the surrounding area through conditions of approval
for the use and is not 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 a variance to permit less parking spaces than required by Code should be approved
for the following reasons:
SECTION NO. 18.42.040.010 Minimum required parking spaces
(23 spaces required; 19 proposed)
1. The variance is hereby approved based upon operational standards described by
the applicant and the parking observation conducted determining the necessary demand for
parking spaces for the proposed project. The parking observation concludes that the demand for
the automobile accessory installation is less than the number of spaces provided. For this reason,
this request will not cause fewer off - street parking spaces to be provided for the proposed use
than the number of such spaces necessary.
2. The variance will not will not increase the demand and competition for parking
spaces upon the public streets in the immediate vicinity of the proposed use because all parking
will be contained on the subject property.
3. The variance will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the proposed use because all parking
will be contained on the subject property.
4. The variance will not increase traffic congestion within the off -street parking
areas or lots provided for the proposed use because the project does not propose new ingress or
egress points and is designed to allow adequate on -site circulation.
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5. The variance 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 does not propose new ingress or egress points and is designed to allow adequate on -site
circulation and therefore will not impede vehicular ingress to or egress from adjacent properties
upon the public streets in the immediate vicinity of the property.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW THEREFORE BE IT RESOLVED that the Planning Commission, for the
reasons hereinabove specified does hereby grant Conditional Use Permit No. 2012 -05620 to
permit an automobile accessory installation facility and grant Variance No. 2012 - 04904.
BE IT FURTHER RESOLVED, that amendments, modifications and revocations
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 Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal
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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of August 27, 2012. d -
CHAIRMAN, ANAHEIM CITY PL4NNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on August 27, 2012, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 27 day of August, 2012.
SENIOR SEC�&TARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00077
APN: 035- 051 -11
W LA PALMA AVE E LA PALMA AVE
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® u so ioo Source: Recorded Tract Maps and /or City GIS.
rcoa Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2012-05620
AND VARIANCE NO. 2012-04904
(DEV2012- 00077)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
PRIOR TO COMMENCEMENT OF BUSINESS ACTIVITIES
I
The roll up door on the east elevation of the building shall be
Planning
removed and permanently filled in and replaced with a solid
Department,
wall.
Planning
Services
Division
ONGOING DURING PROJECT OPERATIONS
2
All activity relating to the installation of aftermarket
Planning
automobile accessories shall occur only within the approved
Department,
warehouse as noted on the approved exhibits.. No activity
Planning
shall be conducted outside the building including work on
Services
vehicles, staging or stacking of cars waiting for service or to
Division
be picked up. Any vehicle that is scheduled for service or
has had service completed shall be parked in the parking lot.
3
Vehicles are to be brought into the service area from the alley
Planning
access only. No testing or demonstrating of automobile
Department,
accessories shall be permitted in the parking lot at any time.
Planning
All equipment testing and demonstration shall occur only in
Services
the warehouse.
Division
4
The hours of operation shall be limited to 8 a.m. to 7 p.m.
Planning
daily.
Department,
Planning
Services
Division
5
No canopies or tents of any kind are permitted outside the
Planning
building.
Department,
Planning
Services
Division
6
That approval of this application constitutes approval of the
Planning
proposed request only to the extent that it complies with the
Department,
Anaheim Municipal Zoning Code and any other applicable
Planning
City, State and Federal regulations. Approval does not
Services
include any action or findings as to compliance or approval
Division
of the request regarding any other applicable ordinance,
regulation or requirement.
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7
This property shall be developed substantially in accordance
Planning
with the plans, technical studies and specifications submitted
Department,
to the City of Anaheim by the applicant and as conditioned
Planning
herein, which include the Site Plan and Floor Plan (Exhibit
Services
No. 1). Said plans and studies are on file in the Planning
Division
Department.
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