Resolution-PC 2017-072RESOLUTION NO. PC2017-072
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05905 AND VARIANCE NO. 2017-05096 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00012)
(4421 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2017-05905 and
Variance No. 2017-05096 to permit and retain an existing live auction facility for arcade games, a
community meeting facility within an existing industrial building, off-site parking on an adjacent
property, and less parking than required by the zoning code within an existing industrial warehouse
located at 4421 East La Palma Avenue in the City of Anaheim, County of Orange, State of
California (the "Property"), the boundaries of which are generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Property is approximately 0.74 acres in size and is currently developed
with a 13,485 square foot industrial building. The Anaheim General Plan designates the Property
for Neighborhoord Center land uses. The Property is located within the Anaheim Canyon Specific
Plan Area described in Anaheim Canyon Specific Plan No. 2015-1 (the "SP 2015-1 ") and more
particularly within the Local Commercial Development Area (Development Area 4) thereof. As
such, the Property is subject to the zoning and development standards described in Chapter 18.120
(Anaheim Canyon Specific Plan No. 2015-1 (SP 2015-1) Zoning and Development Standards) of
Title 18 (Zoning) 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 October 16, 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 the Proposed Project 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 the Implementation of the California
Environmental Quality Act (commencing with Cal. Code Regs. tit. 14, § 15000; 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, this 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
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WHEREAS, this 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. 2017-05905, does find and
determine the following:
1. The request to permit a Community and Religious Assembly use within an existing
industrial building at the Property is properly one for which a conditional use permit is authorized.
2. The request to permit a Community and Religious Assembly use within an existing
industrial building at the Property would not adversely affect the surrounding land uses and the
growth and development of the area in which it is proposed to be located because the Project
because it does not operate during the normal weekday business hours of the surrounding industrial
uses.
3. The size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the health, safety and general
welfare of the public because the Property is already improved with an industrial building and no
expansion to the existing building is proposed.
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 Community and
Assembly use would not operate during normal weekday business hours.
5. The granting of Conditional Use Permit No. 2017-05905 under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim.
WHEREAS, based upon a parking justification letter submitted by the applicant, the
Planning Commission does further find and determine that the request for Variance No. 2017-
05096 to allow fewer parking spaces than required by the Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(46 spaces required; 28 spaces on-site spaces
proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for such use than the number of spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable
conditions of operation of such use because the applicant will have access to off-site parking on
the adjacent property to the west; therefore, the existing on-site and off-site parking will be
sufficient to accommodate the use of the Property as a live auction facility for arcade games and
community meeting facility; and
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2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Property because the applicant will have access to parking spaces on the adjacent property
when needed to accommodate overflow; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the proposed number of parking spaces within the Property
is sufficient to accommodate the proposed use on site, as well as a shared parking agreement
permitting the business to utilize parking spaces located on the adjacent property for evening and
weekend events or meetings, if needed; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets.
5. That the variance, under the conditions imposed, if any, 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 Property;
and
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 Proposed 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.
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 2017-05905 and Variance
No. 2017-05096, 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. CUP2017-05905 and Variance No. 2017-05096, is 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 maybe 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.
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BE IT FURTHER RESOLVED that extensions for further time to complete the conditions
of approval set forth in Exhibit B hereto 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 this 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 16, 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.
Cl-fAIRPERSON, 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 16, 2017, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL, GILLESPIE
2017.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of October,
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00012
APN: 346-351-02
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213' a
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194' Y
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7
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N
20'
E LA PALMA AVE
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. 2017-05905 AND
VARIANCE NO. 2017-05096
(DEV2017-00012)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
WITHIN 90 DAYS OF THE DATE OF THIS RESOLUTION
1
The proposed occupancy shall comply with the requirements of an
"Assembly"
Planning and
occupancy in accordance with California Building Code,
Building Department,
2016 edition. A building permit shall be obtained from the Building
Division within 90 days of the date of this resolution.
Planning Services
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2
A shared parking agreement shall be submitted to the Planning and
Planning and
Building Department for review and approval, and shall be recorded in
Building Department,
the Office of the County Recorder. A recorded copy shall be filed with
the Planning and Building Department. The agreement shall specify the
Planning Services
number and location of the parking spaces and assure that the spaces shall
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be accessible and available in conjunction with the use for which the
parking spaces are required.
OPERATIONAL
3
The business shall be operated in accordance with the Letter of Request
Planning and
submitted as part of this application. Any changes to the business
Building Department,
operation, as described in that document, shall be subject to review and
approval by the Planning Director to determine substantial conformance
Planning Services
with the Letter of Request and to ensure compatibility with the
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surrounding uses.
4
All outdoor storage currently occupying parking spaces shall be removed
Planning and
within 60 days of the date of this resolution.
Building Department,
Planning Services
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5
All parking shall occur on-site. Should the parking demand exceed the
Planning and
amount of on-site parking, the applicant shall submit a request to modify
Building Department,
the Conditional Use Permit, subject to the approval of the Planning
Commission.
Planning Services
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6
Weekday events shall be restricted to those events outlined in the letter
Planning and
of operation taking place after 6:00 p.m. Any changes to the business
Building Department,
operation as described in that document shall be subject to review and
approval by the Planning Director to determine substantial conformance
Planning Services
to ensure compatibility with the surrounding uses.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
7
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and
its officials, officers, employees and agents (collectively referred to
"Indemnitees")
Building Department,
individually and collectively as from any and all claims,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this
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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.
8
The applicant is responsible for paying all charges related to the processing
Planning and
of this discretionary case application within 30 days of the issuance of the
Building Department,
final invoice or prior to the issuance of building permits for the Proposed
Project, whichever occurs first. Failure to pay all charges shall result in
Planning Services
delays in the issuance of required permits or may result in the revocation
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of the approval of this application.
9
The subject Property shall be developed, used and maintained
Planning and
substantially in accordance with plans and specifications submitted to the
Building Department,
City of Anaheim by the petitioner and which plans are on file with the
Planning Department, and as conditioned herein.
Planning Services
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