Resolution-PC 2015-075RESOLUTION NO. PC2015-075
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05782
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00011)
(950-970 NORTH TUSTIN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2015-05782
to permit up to ten (10) Automotive — Sales Agency Offices in an existing office building
(referred to herein as the "Proposed Project") located at 950-970 North Tustin 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");
WHEREAS, the Property is approximately 2.94 -acre in size and is currently
developed with two, two-story office buildings. The Anaheim General Plan designates the
Property as Office -Low. The Property is located in the Commercial Area (Development Area 5)
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 Zoning Code (the "Code"). "Vehicle sales agencies and lots" are permitted
uses in the Commercial Area (Development Area 5) of the Northeast Area Specific Plan Area,
subject to a conditional use permit. The term "vehicle sales agencies and lots" is not defined in
Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development
Standards) or elsewhere in the Code. This Planning Commission finds and determines that a
"vehicle sales agency" and the Proposed Project are synonymous with the Automotive — Sales
Agency Office use class, as defined in Section 18.36 (Types of Uses) of the Code. Accordingly,
the Proposed Project is subject to the requirements of Section 18.38.065 (Automotive — Sales
Agency Office) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 5, 2015 at 5:00 p.m. and, due to a lack of a quorum on that
date, continued to October 19, 2015, 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 Conditional Use Permit No. 2015-
05782 and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project;
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WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated 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 the
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
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. 2015-05782, does find
and determine the following:
1. The request for a conditional use permit to permit up to ten Automotive — Sales
Agency Offices within an existing multi -tenant office complex in the Commercial Area
(Development Area 5) of the Northeast Area Specific Plan Area is an allowable use subject to a
conditional use permit in accordance with paragraph .0527 of Subsection .050 (Conditional Uses
and Structures) of Section 18.120.100 (Land Use and Development Standards — Commercial
Area (Development Area 5)) and the zoning and development standards of Section 18.38.065
(Automotive — Sales Agency Office) of the Code.
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 two office buildings and there are a sufficient amount of parking
spaces in the parking lot to accommodate the parking demand for the businesses.
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 number
of vehicles entering and exiting the site is consistent with typical office uses that would be
permitted as a matter of right within the Northeast Area Specific Plan Area.
5. The granting of Conditional Use Permit No. 2015-05782 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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2015-05782, contingent upon and subject to the conditions
of approval set forth 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 under
Conditional Use Permit No. 2015-05782 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.
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 October 19, 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 Council Resolution in the event of an appeal.
CHAIRMAN, PLANNING COMMISSION
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 )
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 October 19, 2015 by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, HENNINGER, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of October, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00011
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05782
(DEV2015-00011)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO COMMENCEMENT OFANYAUTOMOTIVE SALES BUSINESSES
1.
The parking lot areas shall be resurfaced and restriped in accordance
Planning and Building
with the City's "Minimum Off -Street Parking Standards — 90 Degree
Department,
Parking Stalls".
Code Enforcement
Division
OPERATIONAL CONDITIONS
2.
A maximum of twenty (20) automobiles shall be permitted to be
Planning and Building
displayed for sale in the parking lot, and in the approved locations as
Department,
shown on plans. All other parking spaces on-site shall remain open
Code Enforcement
and available for parking of customer and employee vehicles.
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3.
All permitted automotive display spaces within the parking lot shall
Planning and Building
be clearly signed and delineated as automotive display spaces, as
Department,
shown on plans.
Code Enforcement
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4.
Signs, banners, balloons or other advertising devices shall only be
Planning and Building
permitted to the extent allowed by the Zoning Code and the
Department,
minimum identification required by the California Department of
Code Enforcement
Motor Vehicles.
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5.
Automobiles shall not be stored, sold, or displayed on any public
Planning and Building
streets.
Department,
Code Enforcement
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6.
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the business owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
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7.
Adequate lighting of parking lots, passageways, recesses and grounds
Police Department,
contiguous to buildings shall be provided with lighting of sufficient
Planning and Research
wattage to provide adequate illumination to make clearly visible the
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
8.
The washing, repair and maintenance of vehicles shall be prohibited
Planning and Building
on-site.
Department,
Code Enforcement
Division
9.
Vehicle deliveries including loading and unloading shall be
Department of Public
performed on site. Delivery vehicles shall not block any part of the
Works,
public right of way.
Traffic Engineering
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GENERAL CONDITIONS OF APPROVAL
10.
All leases and subleases relating to all or any part of the subject
Planning and Building
Property shall expressly reference and be subject to all of the
Department,
operational conditions of this conditional use permit.
Code Enforcement
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11.
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
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
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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.
12.
The applicant is responsible for paying all charges related to the
Planning and Building
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
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charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
13.
The subject Property shall be developed substantially in accordance
Planning and Building
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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