Resolution-PC 2014-014RESOLUTION NO. PC2014 -014
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05716 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00129)
(2821 EAST WHITE STAR AVENUE, UNIT K)
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 -05716 to permit a car rental facility in conjunction with an existing auto wholesale business
(herein referred to as the "Proposed Project ") for certain real property located at 2821 East White
Star Avenue, Unit K, 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 consists of approximately 2.1 acres and is developed with a
business park with three industrial buildings. The Anaheim General Plan designates the Property
for Industrial land uses. The Property is located within the Industrial Area (Development Area
1) of the Northeast Area Specific Plan (SP 94 -1) zone and is subject to the zoning and
development standards described in Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 (SP
94 -1; Zoning and Development Standards) of the Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 10, 2014 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 No.
2013 -05716 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, 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 to permit the Proposed Project on the Property does find
and determine the following facts:
1. The request to permit the Proposed Project in the Industrial Area (Development
Area 1) of the Northeast Area Specific Plan (SP94 -1) zone is properly one for which a
conditional use permit is authorized by Section 18.120.050.050.0547 (Vehicle Sales Agencies
and Lots) of the Code.
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2. The request to permit the Proposed Project would not adversely affect the
surrounding land uses and the growth and development of the area in which it is proposed to be
located because the property is currently occupied with predominantly industrial businesses and
the proposed use is an appropriate use within the complex; and
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because no expansion to the tenant space is proposed, additional
parking would not be required for the car rentals, and there would be an adequate number of
parking spaces provided to accommodate all of the businesses on the property; and
4. The traffic generated by the Proposed Project 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 are consistent with the existing commercial and
industrial uses permitted by right within the zone; and
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 subject
site is developed a business park which allows industrial and comnmercial businesses and the
proposed car rental business will be compatible with the surrounding uses.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013 - 05716, 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 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 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 February 10, 2014. 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.
CHAIR PRO- TEMPORE, ANAHEIM CITY PLANNING 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 February 10, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this I O th day of February, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013-00129
APN: 344 - 051 -12
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' w`' Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05716
(DEV2013- 00129)
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REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL
I
The display of automobiles for sales and rental purposes shall not be
Planning
permitted within the outdoor parking lot areas.
Department,
Code
Enforcement
Division
2
Portions of the property under control of the tenant shall be permanently
Planning
maintained in an orderly fashion through the provision of regular
Department,
landscaping maintenance, removal of trash or debris, and removal of
Code
graffiti within twenty four (24) hours from time of occurrence.
Enforcement
Division
3
The subject Property shall be developed substantially in accordance with
Planning
plans and specifications submitted to the City of Anaheim by the petitioner
Department,
and which plans are on file with the Planning Department, and as
Planning
conditioned herein.
Services
Division
4
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees ") from any and all claims,
Planning
actions or proceedings brought against Indemnitees to attack, review, set
Services
aside, void, or annul the decision of the Indemnitees concerning this
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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.
5
The applicant is responsible for paying all charges related to the processing
Planning
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
Planning
whichever occurs first. Failure to pay all charges shall result in delays in the
Services
issuance of required permits or may result in the revocation of the approval
Division
of this application.
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