Resolution-PC 2013-052RE SOLUTION NO. PC201 -052
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
GRANTING CONDITIONAL USE PERMIT NO. 2013 -05664
AND APPROVING VARIANCE NO. 2013 -04934 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 0003$)
(1325 NORTH BLUE GUM STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2013-
05664 and Variance No. 2013 -04934 to permit recreational vehicle sales with accessory storage,
detailing, and installation of aftermarket accessories (the "Project ") with a variance from parking
requirements of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real
property located at 1325 East Blue Gum Street 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 currently developed with a 16,500 square foot industrial
building. The Property is located within the Industrial Area (Development Area 1) of the
Northeast Area Specific Plan (SP94 -1); and the Anaheim General Plan designates the Property
for Industriai land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 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 1 8.60 of the Anaheim
Municipal Code (the "Code "), to hear and consider evidence for and against proposed
Conditional Use Permit No. 2013 -05664 and Variance No. 2013- 04934, 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, among other things, the operation, leasing, or minor alteration of existing private
structures involving negligible or no expansion of use, 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.
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 pertaining to the request for Conditional Use Permit No. 2013- 05664, does find and
determine the following facts:
1. The request to permit recreational vehicle sales with accessory storage, detailing,
and installation of aftermarket accessories is properly one for which a conditional use permit is
authorized, subject to conditions of approval.
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I The request to permit the conditional use permit would not adversely affect the
surrounding land uses and the growth and development of the area because the use would be
compatible with the surrounding industrial uses.
3. The size and shape of the Property is adequate to allow the full operation of the
existing and proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare of the public because sufficient parking will be provided to
accommodate the sales business.
4. The traffic generated by the business would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site will be consistent with industrial businesses that would
be permitted as a matter of right within the zone.
5. Granting Conditional Use Permit No. 2013 -05664 under the conditions imposed
will not be detrimental to the health and safety of the citizens of the City of Anaheim and will
provide a land use that is compatible with the surrounding area.
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 hear ing with respect to Variance No. 2013 -04934 to permit fewer parking spaces than
required by the Code for a recreational vehicle sales business should be approved for the
following reasons:
(a) SECTION NO. I 4 2.040.010 Minimu numbe ol'parkin ap ces.
(292 spaces required; 257 spaces proposed)
1. Based upon the letter of operation prepared by the applicant, determining that the
proposed number of parking spaces would be sufficient to accommodate the use, the variance,
under the conditions imposed, if any, 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;
2. That the variance, under the conditions imposed, if any, 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 parking demands
of the sales business;
3. That the variance, under the conditions imposed, if any, 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 sales business would adequately
accommodate parkiing demand on the site:
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4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lot 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, if any, 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
proposed use.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
grant Conditional Use Permit No. 2013 -05664 and Variance No. 2013- 04934, 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 these
permits may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- htitiated 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 tmy 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 mall 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to ;he 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 1, 2013. Said resolution is suhpert 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.
CHAIR, ANAIIEIM CITY ANN INC, COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM j
1, Grace Medina, Senior Secretary of the Anaheim City [Tanning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on July 1, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK. FAESSEL, LIEB RMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ASSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this I" day of July, 2013.
SENIOR SE'C'RETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "All
DEV NO. 2013 -00038
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S - PC;2013 -052
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05664
VARIANCE NO. 2013-04934
(DEV201.3- 00038)
6- PC2013 -052
—�
REVIEW
SIGNED
NO.
CON OF APPROVAL
BY
OFF BY
rliti'tVERf4a''
I
Complete a Burglary /Robbery Alarm Permit application, Form APD 516,
Police
and return it to the Police Department prior to initial alarm activation. This
Department
form is available at the Police Department front counter, or it can be
downloaded from the following web site:
http:// www ,anaiieim.net/article.asp?id =678
— with
2
Building shalt be equipped comprehensive security alarm system
(silent or audible) for the following coverage areas.
• Perimeter building and access route protection.
• High valued storage areas.
Police
Department
• interior building door to shipping and receiving area.
• Perimeter fence and security gating.
• Including fenced parki area for RV's
3
Closed circuit television (CCTV) security camera are recommended, with
the following coverage areas:
i
• Lobby Entrances
• Building perimeter
Police
}
• Shipping and receiving areas
Department "
• Parking lot
• Exterior entrance
• Interior showroom
d
Adequate lighting of parking lots, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of sufficient wattage
to provide adequate illumination to macs e clearly visible the presence of any
person on or about the premises during the hours of darkness and provide a
safe, secure environment for all person, property, and vehicles on -site. All
Planning
exterior doors shall have their own light source, which shall adequately
Department
illuminate door areas at all hours to make clearly visible the presence of any
P erson on or about the premises and provide adequate illumination for
persons exiting the building.
6- PC2013 -052
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
5
Address numbers shall be positioned so as to be readily readable from the
_
street. Number should be illuminated during hours of darkness. Front and
Rear entrance doors shall be numbered with the same address numbers or
Police
suite number of the business to be completed within 30 days of approval of
Department
this permit. Mimmum height of 4" recommended.
6
Any graffiti painted or marked upon the premises or on any adjacent area
under the control of the property owner shall be removed or painted over
Code
within 24 hours of being applied.
Enforcement
7
The property shall be permanently maintained in an orderly fashion through
The provision of regular landscaping maintenance, removal of trash or
Code
debris.
Enforcement
8
No required parking area shall be fenced or otherwise enclosed for outdoor
Code _
storage except those areas identified on approved plans.
Enforcement
9
All activities related to the use shall occur indoors, except as may be
permitted by an authorized Special Event Permit, except the outdoor storage
Code
of motorcoacbes in screened areas identified on approved plans.
Enforcement
10
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning
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.
11
The property shalt be developed substantially in accordance with plans and
Ptasming
specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Department and as conditioned herein.
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