Resolution-PC 2014-056RESOLUTION NO. PC2014 -056
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING VARIANCE NO. 2014 -04972 AND
CONDITIONAL USE PERMIT NO. 2014 -05738 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2014- 00053)
(1145 NORTH RED GUM STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified Petition for Variance No. 2014 -04969 to
permit fewer off - street parking spaces than required by the Zoning Code in conjunction with
Conditional Use Permit No. 2014 -05738 to permit a transmission repair facility for trucks, buses
and heavy equipment (herein referred to as the "Proposed Project ") for certain real property
located at 1145 North Red 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, consisting of approximately 1.3 acre, is developed with an
industrial building. The Anaheim General Plan designates the Property for Industrial land uses.
The Property is located in the Industrial Area (Development Area 1) of the Northeast Area
Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120
(Northeast Area Specific Plan No. 94 -1 (SP 94 -1) Zoning and Development Standards) of the
Anaheim Municipal Code (the "Code "). The underlying base zone for the Property is the "I"
(Industrial) Zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 14, 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
(Procedures) of the Code, to hear and consider evidence for and against proposed Variance No.
2014 -04972 and Conditional Use Permit No. 2014- 05738, 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 (i.e.,
Class 1) which consist of, among other things, the operation, repair, maintenance, or minor
alteration of existing public or private structures, facilities or mechanical equipment, 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
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WHEREAS, based upon the parking justification letter submitted by the applicant,
the Planning Commission does further find and determine that the request for a variance for less
parking than required by the Code should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces,
(82 spaces required; 41 spaces proposed)
1. That the variance, under the conditions imposed, 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 because
the transmission repair facility will only service commercial vehicles and will
not provide service on automobiles for the general public;
2. That the variance, under the conditions imposed, 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 peak parking demands of the proposed transmission repair
facility;
3. That the variance, under the conditions imposed, 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
transmission repair facility will adequately accommodate peak parking demands
of the use on the site;
4. That the variance, under the conditions imposed, 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 and, therefore, will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the
industrial property.
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 for Conditional Use Permit No. 2014 - 05738, does find
and determine the following facts:
1. The request for a conditional use permit to permit a transmission repair facility for
trucks, buses and heavy equipment is properly one for which a conditional use
permit is authorized, subject to the imposition of conditions of approval.
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2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area
because the Property is developed with an industrial building and is surrounded
by other industrial uses.
3. The -size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area
because the transmission repair facility only services large commercial
transmissions that are delivered to the site.
5. The granting of Conditional Use Permit No. 2014 -05738 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 determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit
B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the
Property under Variance No. 2014 -04972 and Conditional Use Permit No. 2014 -05738 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, (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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 14, 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.
CHAIRMAN, PLANNING CONOASSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
1, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on July 14, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this 14 day of July, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT ' "A"
DEV2O14 -00053
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Source: Recorded Tract Maps andlor City GIS.
F - Please note the accuracy is +I- two to five feet.
EXHIBIT "B"
VARIANCE NO. 2014-04972 AND
CONDITIONAL USE PERMIT NO. 2014-05738
(DEV2014- 00053)
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RESPONSIBLE
NO .
CONDITIONS OF APPROVAL
DEPARTMENT
OPERATIONAL CONDITIONS
1 '
The trash enclosure shall be maintained in a location acceptable to
Public Works
the Public Works Department, Streets and Sanitation Division, and in
Department, Streets
accordance with approved plans on file with said Department.
and Sanitation
2.
All requests for new water services or fire lines, as well as any
Public Utilities
modifications, relocations, or abandonments of existing water
Department, Water
services and fire lines, shall be coordinated through the Water
Engineering
Engineering Division of the Anaheim Public Utilities Department.
Division
3.
Any graffiti painted or marked upon the premises or on any adjacent
Planning
area under the control of the business owner shall be removed or
Department, Code
painted over within 24 hours of being applied.
Enforcement
Division
4.
The business shall operate as a transmission repair facility for trucks,
Planning
buses and heavy equipment and shall not repair automobiles for the
Department,
general public.
Planning Services
Division
5.
All work shall be conducted wholly within the building.
Planning
Department,
Planning Services
Division
6.
The building shall be equipped with a comprehensive security alarm
Police Department,
system (silent or audible) for the following coverage areas:
Planning &
• The perimeter of the building an access route protection
Research Unit
• High valued storage areas
• Interior building door to shipping and receiving area
7.
The applicant shall complete a Burglary /Robbery Alarm Permit
Police Department,
application, Form APD 516, and return it to the Police Department
Planning &
prior to initial alarm activation. This form is available at the Police
Research Unit
Department front counter, or it can be emailed to applicant by
contacting Officer Budds at mbuddsganaheim.net
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RESPONSIBLE
NO,
CONDITIONS OF APPROVAL
DEPARTMENT
8.
Rooftop address numbers for the police helicopter shall be painted
Police Department,
on the roof of the office building. The addresses shall have a
Planning &
minimum size of 4' in height and 2' in width. The lines of the
Research Unit
numbers are to be a minimum of 6" thick. Numbers shall be spaced
12" to 18" apart. Numbers shall be painted or constructed in a
contrasting color to the roofing material. Numbers shall face the
street to which the structure is addressed. Numbers are not to be
visible from ground level.
9.
Adequate lighting of parking lots, passageways, recesses, and grounds
Police Department,
contiguous to buildings shall be provided with lighting of sufficient
Planning &
wattage to provide adequate illumination to make clearly visible the
Research Unit
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.
GENERAL CONDITIONS OFAPPROVAL
10.
The Applicant shall defend, indemnify, and hold harmless the City
Planning
and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from any
Planning Services
and all claims, actions or proceedings brought against Indemnitees
Division
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 applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
Division
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
12.
The subject Property shall be developed substantially in accordance
Planning
with plans and specifications submitted to the City of Anaheim by
Department,
the petitioner and which plans are on file with the Planning
Planning Services
Department, and as conditioned herein.
Division
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