Resolution-PC 2014-025RESOLUTION NO. PC2014 -025
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2013 -04937 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00069)
(240 -250 EAST PALAIS ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission ") did receive a verified petition for Variance No. 2013 -04937 to
permit and retain an existing outdoor storage yard in conjunction with a wholesale stone and
marble sales facility with fewer parking spaces than required by Code (herein referred to as the
"Proposed Project ") for that certain real property located at 240 -250 East Palais Road 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, consisting of approximately 2.6 acres, is developed with a
40,400 square foot warehouse building and 36,800 square foot outdoor storage area. The
Property is located in and subject to the regulations and development standards of the Industrial
(I) Zone. The Anaheim General Plan designates the Property for General Commercial land
uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 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
Anaheim Municipal Code (herein referred to as the "Code "), to hear and consider evidence for
and against proposed Variance No. 2013 -04937 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, 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 and retain an existing outdoor storage yard in
conjunction with a wholesale stone and marble sales facility with fewer parking spaces than
required by Code, has determined that Variance No. 2013 -04937 should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(93 spaces required; 43 spaces proposed)
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1. That 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 based upon the conclusions contained in a self -
prepared parking demand analysis submitted by the applicant and staff's observations during the
peak operating hours of the business. These observations confirmed that ample parking will be
available for the existing business as the 43 parking spaces provided on the property can
accommodate the observed peak demand of approximately 19 parking spaces; and
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 within the industrial property will adequately
accommodate the peak parking demands of the wholesale stone and marble sales facility; and
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 wholesale stone and marble sales
facility will adequately accommodate peak parking demands of all uses on the site; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off - street parking areas or lots 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, 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2013 - 04937, 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.
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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
March 10, 2014. 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.
l� f2a '
ATTEST: IIN
CHAIR, ANAHEIM CITY PLA G COMMISSION
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 10, 2014, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this I O day of March,
2014.
/Goy
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 -00069
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Source Recorded Tract Maps and /or City GIS.
Please note the accuracy is +/- two to five feet.
EXHIBIT `B"
VARIANCE NO. 2013-04937
(DEV2013- 00069)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL CONDITIONS
1
Any graffiti painted or marked upon the premises or on
Code
any adjacent area under the control of the property owner
Enforcement
shall be removed or painted over within 24 hours of
being applied.
2
The wholesale stone and marble sales facility shall be
Planning
operated in accordance with the Letter of Request and
Department
Parking Demand Analysis submitted as part of this
application. Any changes to the business operation as
described in that document shall be subject to review and
approval by the Planning Director to determine
substantial conformance with the Letter of Request and
Parking Demand Analysis and to ensure compatibility
with the surrounding uses.
3
Within 45 days from the approval of this request, the
Planning
parking lot shall be striped according the the site plan
Department
submitted as part of this application.
4
The Applicant shall defend, indemnify, and hold
Planning
harmless the City and its officials, officers, employees
Department
and agents (collectively referred to individually and
collectively as "Indemnities ") from any and all claims,
actions or proceedings brought against Indemnities to
attack, review, set aside, void, or annul the decision of
the Indemnities 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 Indemnities and costs of suit,
claim or litigation, including without limitation
attorneys' fees and other costs, liabilities and expenses
incurred by Indemnities in connection with such
proceeding.
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NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
5
The applicant is responsible for paying all charges related
Planning
to the processing of this discretionary case application
Department
within 30 days of the issuance of the final invoice or prior
to the 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.
6
The premises shall be developed substantially in
Planning
accordance with the plans and specifications submitted to
Department
and reviewed and approved by the City of Anaheim,
which plan is on file with the Planning Department.
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