Resolution-PC 2014-093RESOLUTION NO. PC2014 -093
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05758 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00091)
(5601 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05758
to permit outdoor automotive sales events at an existing credit union (referred to herein as the
"Proposed Project ") for that certain real property located at 5601 East La Palma Avenue 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 approximately 5.8 acres in size and is currently
developed with an office building. The Property is located in the Expanded Industrial Area
(Development Area 2) 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 ( "Code "). The underlying
base zone for the Property is the "I" (Industrial) Zone. The Property is also located within the
Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18
(Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede
any inconsistent regulations of the "I" (Industrial) Zone. The Anaheim General Plan designates
the Property for Office -Low land uses; 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 — Existing Facilities) 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, on October 20, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Conditional Use Permit No. 2014 -05758 and to
investigate and make findings and recommendations in connection therewith; 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 outdoor automobile sales events at an existing credit
union, does find and determine the following facts:
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1. The proposed request to permit outdoor automotive sales events is properly
one for which a conditional use permit is authorized under the classes of allowable uses set forth
in paragraph .0544 of Subsection .050 of Section 18.120.070 of the Code.
2. The proposed conditional use permit to permit outdoor automotive sales
events, as conditioned herein, 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 property is
surrounded by compatible buildings and uses.
3. The size and shape of the site for the use is adequate to allow the full
development of the automotive sales events in a manner not detrimental to the particular area or
to the health and safety because the outdoor sales would be located within a large parking lot that
is sufficient to accommodate the use.
4. The traffic generated by the automotive sales will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets and adequate parking will be provided to accommodate the use.
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 as the proposed
land use will continue to be integrated with the surrounding area and would not pose a health or
safety risk to the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Conditional Use Permit No. 2014 - 05758, 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 Anaheim Municipal
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 October 20, 2014. Said Resolution is subject to the appeal provisions set forth in
Chapter 18.60 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 PRO- TEMPORE, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
, ff. .. — /; (1.e � �- --
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 regular meeting of the
Planning Commission of the City of Anaheim held on October 20, 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 20 day of October, 2014.
f
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "All
DEV NO. 2014-00091
Pjvr
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Source: Recorded Tract Maps and/or City GIS-
Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05758
(DEV2014- 00091)
NO. CONDITIONS OF APPROVAL
OPERATIONAL CONDITIONS
1 ' The outdoor automotive sales events shall be limited to
three weekends per year.
2 � The outdoor automotive sales events shall not exceed a
maximum of 175 display vehicles.
3 The business shall be operated in accordance with the Letter
of Request 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 to ensure compatibility with
the surrounding uses.
PRIOR TO COMMENCMENT OF USE
4
Prior to the first weekend outdoor automobile sales event to
be held on the parking lot of the Wescom property, Wescom
or its successors or assigns (collectively referred to as
"Wescom ") shall obtain approval from the owner (or its
successors or assigns) of certain real property commonly
known as 5515 E. La Palma Avenue, of an agreement
approved as to form by the City Attorney, whereby Wescom
arranges with Calvary Chapel of Placentia or its successors
or assigns ( "Calvary Chapel "), the owner of that certain
property commonly known as 5605 E. La Palma Avenue,
and the owner of 5515 E. La Palma Avenue to permit
Calvary Chapel the right to allow its employees and invitees
to park up to 332 vehicles at 5515 E. La Palma Avenue or
on a combination of both the 5515 E. La Palma Avenue
property and the Wescom property on the days and at the
times of the outdoor automobile sales event. Prior to all
subsequent outdoor automobile sales events on the Wescom
property, Wescom shall obtain the same approval from the
property owner of 5515 E. La Palma. If the owner of 5515
E. La Palma Avenue is unwilling or unable for any reason to
enter into such a parking agreement, Wescom may enter
into a similar agreement with another property owner
acceptable to the Planning Director meeting the criteria set
fort in paragraph .0302 of Subsection .030 of Section
RESPONSIBLE
DEPARTMENT
Planning Department,
Planning Services Division
Planning Department,
Planning Services Division
Planning Department,
Planning Services Division
Planning Department,
Planning Services Division
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NO. I CONDITIONS OF APPROVAL
18.42.050 of the Anaheim Municipal Code that affords
I Calvary Chapel with the replacement parking to which it is j
entitled on the days and at the times of the weekend outdoor
automobile sales event.
GENERAL CONDITIONS
6
The applicant is responsible for paying all charges related to
the processing of this discretionary case application 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.
The Applicant shall defend, indemnify, and hold harmless
the City and its 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.
RESPONSIBLE
DEPARTMENT
Planning Department,
Planning Services Division
Planning Department,
Planning Services Division
7 ' The Property shall be developed substantially in accordance I Planning Department,
with plans and specifications submitted to the City of Planning Services Division
Anaheim by the applicant and which plans are on file with
the Planning Department and as conditioned herein.
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