Resolution-PC 2017-056RESOLUTION NO. PC2017-056
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2017-05923 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2017-00054)
(1345 NORTH DYNAMICS STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05923
to permit an automotive repair and modification use within an existing multi -tenant industrial
complex (the "Proposed Project") on a portion of that certain real property located at 1345 North
Dynamics 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 is approximately 5.11 -acres in size and is currently
developed with four single -story industrial buildings. The Anaheim General Plan designates the
Property for Industrial (I -L) land uses. The Property is located in Development Area 1 of the
Anaheim Canyon Specific Plan (SP2015-1), meaning that the Property is subject to the zoning and
development standards contained in Chapter 18.120 of the Anaheim Municipal Code (the "Code");
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 26, 2017 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 Conditional Use Permit No.
2017-05923, 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 (Title 14 of the California Code of Regulations; 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; and
WHEREAS, 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 operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, 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
- 1 - PC2017-056
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 Proposed project and, specifically, with respect to the request for
Conditional Use Permit No. 2017-05923, does find and determine the following:
1. The proposed automotive repair and modification use is an allowable primary
use permitted with a conditional use permit within the "SP2015-1 " Anaheim Canyon Specific Plan,
as authorized under Table 120-A of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim
Canyon Specific Plan) of the Code.
2. The proposed conditional use permit to permit an automotive repair and
modification use, 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 facility would
be located within an existing industrial building and 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 repair and modification use in a manner not detrimental to the
particular area or to the health and safety because the facility would be located within an existing
industrial building that provides a sufficient number of on site parking spaces and vehicle
circulation will be in accordance with the plans and materials submitted.
4. The traffic generated by the automotive repair and modification use 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 and circulation 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 industrial uses in the area and would
not pose a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, this 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. This Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
- 2 - PC2017-056
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 2017-05923, 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 that portion of the Property for which Conditional Use Permit No. 2017-05923
are applicable 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 June 26, 2017. 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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2017-056
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 June 26, 2017 by the following vote of the members
thereof-
AYES:
hereof
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: WHITE
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of June, 2017.
�y
�.�-2—
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2017-056
EXHIBIT "A"
DEV NO. 2017-00054
/ Source: Recorded Tract Maps andior City GIS
'C. Please mote the accuracy is +I- two to true deet
- 5 - PC2017-056
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05923
(DEV2017-00054)
- 6 - PC2017-056
CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
OPERATIONAL CONDITIONS
1
No overnight outdoor storage or display of vehicles or vehicular
Code Enforcement
parts shall be permitted, and no outdoor modification/repair work of
Division,
any kind shall be conducted on the property. Overnight vehicle
planning and Building
parking shall be limited to inside the building only.
Department
2
All vehicles awaiting service shall be parked on-site; no adjacent or
Code Enforcement
nearby public streets shall be utilized for any parking related to this
Division,
business.
Planning and Building
Department
3
That ongoing during project operations, vehicle deliveries including
Traffic Engineering
loading and unloading shall be performed on site. Delivery vehicles
Division,
shall not block any part of the public right-of-way.
Public Works
Department
GENERAL CONDITIONS
4
The business shall be operated in accordance with the Letter of
Planning Services
Request submitted as part of this application. Any changes to the
Division,
business operation, as described in that document, shall be subject
planning and Building
to review and approval by the Planning Director to determine
Department
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
5
The Applicant shall defend, indemnify, and hold harmless the City
Planning Services
and its officials, officers, employees and agents (collectively
Division,
referred to individually and collectively as "Indemnitees") from any
planning and Building
and all claims, actions or proceedings brought against Indemnitees
Department
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
- 6 - PC2017-056
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
6
The applicant is responsible for paying all charges related to the
Planning Services
processing of this discretionary case application within 30 days of the
Division,
issuance of the final invoice or prior to the issuance of building
planning and Building
permits for this project, whichever occurs first. Failure to pay all
Department
charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
- 7 - PC2017-056