Resolution-PC 2015-011RESOLUTION NO. PC2015 -011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING VARIANCE NO. 2014 -04994 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00129)
(1207 NORTH EAST STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to
as the "Planning Commission ") did receive a verified petition to approve proposed Variance No.
2014 -04994 to permit and retain an existing outdoor storage yard in conjunction with a
wholesale tile and stone sales facility with fewer parking spaces than required by the Zoning
Code (sometimes referred to herein as the "Proposed Project ") for certain premises located at a
wholesale tile business commonly known as 1207 North East Street in the City of Anaheim,
County of Orange, State of California (the "Property "); and
WHEREAS, the Property is approximately 0.7 -acre in size and is developed with
an existing industrial building. The Property is located in the "I" Industrial Zone and the
Anaheim General Plan designates the Property for Medium Density Residential land uses; and
WHEREAS, on February 9, 2015, 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 Anaheim
Municipal Code (the "Code "), to hear and consider evidence for and against proposed Variance
No. 2014 - 04994, anti to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, pursuant to the California Environmental Quality Act (Public
Resources Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
CEQA Guidelines "), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, 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 State CEQA
Guidelines, 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, 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 allow fewer parking spaces than required by
the Code for a wholesale tile store at the Property, has determined that proposed Variance No.
2014 -04994 should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(26 spaces required; 10 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 based upon the conclusions contained in the parking demand
analysis, dated September 19, 2014, and prepared by DRP Associates. The study established a
parking demand ratio appropriate for a wholesale tile store based on parking counts and
confirmed that ample parking will be available for the existing business as the 10 parking spaces
provided on the Property can accommodate the anticipated peak demand for the use and;
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 within the Property will adequately accommodate the peak
parking demands of the wholesale tile store; and
I 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 wholesale tile store will adequately
accommodate peak parking demands of the use; and
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.
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 presentation, 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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2014- 04994, 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 amendments, modifications and
revocations 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.
BE IT FURTHER RESOLVED that approval of Variance No. 2014 -04994
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 February 9, 2015. 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 Counci! Resolution in the event of an appeal.
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CH AIJ MAN, PLANNI OMMISSION
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ATTEST:
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SECRETARY, PLANNING COMMISSION
Or THE CITY OF ANAHEIM
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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 meeting of the
Planning Commission of the City of Anaheim held on February 9, 2015, by the following vote of
the members thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 91h day of February,
2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014-00129
1APN: 267 - 012 -06
Peet
Source: Recorded Tract Maps and/or City GIS
Please note the accuracy is +/- two to five feet
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EXHIBIT "B"
VARIANCE NO. 2014-04994
(DEV2014- 00129)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
The wholesale tile business shall be operated in accordance
Planning Department,
with the Letter of Request and Parking Demand Study
Planning Services Division
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 Study and to ensure
compatibility with the surrounding uses.
2
The parking lot shall be lit during the hours of darkness in
Planning Department,
order to illuminate and make clearly visible the presence of
Code Enforcement Division
any person on or about the premises.
3
The Property shall be permanently maintained in an orderly
Planning Department,
fashion through the provision of regular landscaping
Code Enforcement Division
maintenance, removal of trash or debris, and removal of
graffiti within twenty four (24) hours from time of
occurrence.
GENERAL CONDITIONS
4
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the
Planning Services Division
City of Anaheim by the petitioner and which plans are on file
with the Planning Department, and as conditioned herein.
5
The Applicant shall defend, indemnify, and hold harmless
Planning Department,
the City and its officials, officers, employees and agents
Planning Services Division
(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
determinat ;.;.ns 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
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
incurred by Indemnitees in connection with such proceeding.
6
The applicant is responsible for paying all charges related to
Planning Department,
the processing of this discretionary case application within
Planning Services Division
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.
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