Resolution-PC 2013-027RESOLUTION NO. PC2013 -027
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2012 -05602 AND
VARIANCE NO. 2012 -04905 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2012- 00042)
(1005 NORTH EUCLID STREET)
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. 2012 -05602 and Variance No. 2012 -04905 to permit and retain a truck rental facility within
an existing check cashing business with fewer parking spaces than permitted by the Anaheim
Municipal Code (herein referred to as the "Code ") on that certain .76 -acre parcel of land
commonly known as 1005 North Euclid Street in the City of Anaheim, as generally depicted on
the map attached hereto as Exhibit A and incorporated herein by this reference (herein referred to
as the 'Property "); and
WHEREAS, the Property is developed with a commercial center and is located in the
Commercial General (CG) zone and is designated for General Commercial land uses in the
Anaheim General Plan; and
WHEREAS, this Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on Marchl 1, 2013 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 of the
Code, to hear and consider evidence for and against said proposed conditional use permit and
variance and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, as the lead agency under the California Environmental Quality Act (Public
Resources Code Section 21000 et seq., herein referred to as "CEQA "), the Planning Commission
finds and determines that the Proposed Project is within that class of projects 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 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 proposed Conditional Use Permit No. 2012- 05602, has determined
that Conditional Use Permit No. 2012 -05602 should be approved for the following reasons:
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1. The proposed request to permit and retain a truck rental facility within an existing
check cashing business in the Commercial General (CG) zone is properly one for which a
conditional use permit is authorized by Section 18.08.030.010 of the Code; and
2. The proposed conditional use permit to permit and retain a truck rental facility
within an existing check cashing business 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 rental
trucks would be parked so as not to impact the adjacent residential properties; and
3. The size and shape of the site for the use is adequate to allow the full development
of the truck rental facility in a manner not detrimental to the particular area or to the health and
safety because the trucks would not impede traffic circulation for other tenant businesses in the
center; the rental trucks would be parked in the rear parking lot adjacent to Francis Street; the
trucks are limited to 20 feet in length so as not to impede traffic circulation within the Property;
and the rear parking lot is large enough to allow the storage of vehicles to occur in an area not
immediately adjacent to residential properties; and
4. The granting of the conditional use permit would not be detrimental to the health
and safety of the citizens of the City of Anaheim because the truck rental facility will integrate
into the Property without creating negative impacts to the Property or surrounding area because
the rental trucks will be parked in the rear parking lot in an area not adjacent to the residential
properties; trucks are limited in size so as not to impede traffic circulation; and the existing pay
phone is required to be removed in order to help eliminate unlawful activities associated with the
pay phone.
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 parking variance has determined that the variance should be
approved for the following reasons:
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 proposed Variance No. 2012 -04905 has determined that Variance
No. 2012 - 04905, as described below, should be approved for the following reasons:
(a) SECTION NO. 18.42.040.010 Minimum number of parking spaces
(LO spaces required; 58 spaces
proposed)
1. The requested variance, under the conditions imposed, will not cause fewer off -
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to such use and the Property, as a whole, under the normal
and reasonably foreseeable operation of such use, together with the other uses within the
Property. Further, as concluded in a parking study dated August 14, 2012, prepared by K2
Traffic Engineering, Inc., the commercial center parking lot would be less than 100 percent
occupied with the additional parking demand created by the proposed use.
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2. The variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in
the aforementioned parking study, which concludes that the proposed 58 parking spaces are
adequate to meet the peak demand of the Property and the truck rental facility.
3. The variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private properties in the immediate vicinity of the
proposed use because the on -site parking will be sufficient for the proposed truck rental facility
and the other uses within the Property and will adequately accommodate peak parking demands
of all uses within the Property.
4. The variance, under the conditions imposed, will not increase traffic congestion
within the off- street parking areas provided for the proposed use because the Property provides
adequate ingress and egress points and are designed to allow for adequate on -site circulation.
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 and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Property.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Conditional Use Permit No. 2012 -05602 and Variance No. 2012 - 04905,
contingent upon and subject to the conditions of approval described 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 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(s), (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 Anaheim
Municipal 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within fifteen (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 March 11, 2013. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 ( "Zoning Provisions - General') of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAIR, ANAHEIM CITY PLAN G COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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 March 11, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: BOSTWICK, RAMIREZ
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 11 °i day of March, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012 -00042
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Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2012-05602 AND
VARIANCE NO. 2012-04905
(DEV2012- 00042)
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SIGNED
NO.
CONDITIONS OF APPROVAL
REVIEW BY
OFF BY
GENERAL
1
No required parking area shall be fenced or otherwise enclosed
Code
for outdoor storage.
Enforcement
2
Vehicles may only be rented and returned to the commercial
Code
center during the hours of 7 a.m. and 9 p.m.
Enforcement
3
A maximum of six rental vehicles, including trailers, may be
Code
located and rented at this commercial center.
Enforcement
4
All rental trucks and trailers must be parked in the rear parking
Code
lot and adjacent to the block wall located on the west property
Enforcement
line, in accordance with submitted site plan (Exhibit No. 1).
5
The rental vehicles are limited to a maximum length of 20
Code
feet.
Enforcement
6
Rental trucks must be secured with a locking device during the
Code
hours of 9 p.m. to 7 a.m.
Enforcement
7
Employees for the check cashing and truck rental facility must
Code
park in the rear parking lot, adjacent to Francis Drive.
Enforcement
8
Within 30 days of approval of this request, any and all pay
Code
phones shall be removed from the property.
Enforcement
9
Unless otherwise indicated in these conditions of approval, the
Code
permitted storage of rental trucks on this property shall
Enforcement
conform to the letter of operation dated May 3, 2012, and the
information included in the Staff Report to the Planning
Commission dated March 11, 2013, both of which are on file
with the Planning Department.
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10
Granting of the parking variance is contingent upon operation of
Code
this facility in conformance with the assumptions and /or
Enforcement
conclusions relating to the operation and intensity of use as
contained in the parking study dated August 14, 2012 prepared
by K2 Traffic Engineering, Inc, which formed the basis for
approval of the variance. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions and /or
conclusions, as contained in the parking study, may subject this
variance to termination pursuant to the provisions of Chapter
18.60 - Procedures of the Anaheim Municipal Code.
11
The rear parking lot shall be maintained with lighting of
Code
sufficient power to illuminate and make easily discernible the
Enforcement
appearance and conduct of all persons in this area and in a
manner that prevents excessive glare upon the residential
property to the west.
12
Trespassing and tow away signage in front and rear parking
Police
lots shall be provided to the satisfaction of the Anaheim Police
Department.
13
Any graffiti painted or marked upon the premises or on any
Code
adjacent area under the control of the property owner shall be
Enforcement
removed or painted over within 24 hours of being applied.
14
The property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim
by the applicant and which plans are on file with the Planning
Department marked Exhibit No. 1 (Site Plan), and as
conditioned herein.
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