Resolution-PC 2018-054RESOLUTION NO. PC2018-054
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 4156D AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2018-00055)
(5401, 5403, 5425, 5427, 5429, 5431 EAST LA PALMA AVENUE)
WHEREAS, on October 25, 1999, and subject to certain conditions of approval,
the Anaheim City Council, by its Resolution No. PC99-187, did approve Conditional Use Permit
No. 4156 ("CUP 4156") to permit an automobile dealership within an existing industrial/office
complex with waiver of required parking lot landscaping, permitted location of a freestanding sign,
and permitted encroachment of display vehicles into required yards (referred to herein as the
"Original CUP") for that certain real property located at 5401 East La Palma Avenue in the City
of Anaheim; and
WHEREAS, on July 17, 2000, the Planning Commission reviewed and approved
final landscape, lighting and sign plans for that real property located at 5425 East La Palma Avenue
as part of CUP 4156 (CUP Tracking No. 2000-04240); and
WHEREAS, on January 3, 2001, the Planning Commission, by its Resolution 2001-
6, did approve Conditional Use Permit 2000-0272 to permit the expansion of another automobile
dealership on certain property referred as Portion A (located at 5375 East La Palma Avenue),
Portion B (located at 5395 East La Palma Avenue), and 1370-1400 North Brasher Street, and
Portion C (located at 5401 East La Palma Avenue) in the City of Anaheim, County of Orange,
State of California, and
WHEREAS, on March 10, 2003, the Planning Commission, by its Resolution No.
PC2003-41, did approve Conditional Use Permit CUP2003-04666, as an amendment to the
Original CUP to permit an expansion of the auto dealership and permit a freestanding sign and
permitted encroachment into required yards and amend the conditions of approval in their entirety
(including deletion the 10 -year time limitation) for that certain real property located 5425, 5427,
5429 and 5431 East La Palma Avenue; and
WHEREAS, on February 24, 2014, the Planning Commission, by its Resolution
No. PC2014-021, approved an amendment to the Original CUP to permit a 2,000 square foot
showroom expansion area for that certain property located at 5401 East La Palma Avenue; and
WHEREAS, a duly noticed public hearing was scheduled before the Planning
Commission at the Civic Center in the City of Anaheim on October 1, 2018 at 5:00 p.m. to hear
and consider evidence and testimony for and against the Proposed Project and to investigate and
make findings and recommendations in connection therewith, and the Planning Commission
continued the item to the October 29, 2018 meeting; and
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WHEREAS, the Planning Commission did receive a verified petition to amend
Conditional Use Permit No. 4156 ("CUP 4156D") for an existing auto dealership to: 1) modify the
location and number of outdoor vehicle spaces for display, retail sales, and service/repair; 2)
convert an existing vehicle storage area to a service and repair facility; and, 3) permit off-site
parking for employees (herein referred to collectively as the "Proposed Project") at the premise
located at 5401, 5403, 5425, 5427, 5429, 5431 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 13.21 acres in size and is currently
developed with an auto dealership as part of a multi -tenant industrial business complex. The
Anaheim General Plan designates the Property for Industrial land uses. The Property is located in
the Anaheim Canyon Specific Plan Zone, Development Area 1. As such, the Property is subject
to the zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific
Plan) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the above entitlements are hereby referred to as "Previous Conditions
of Approval".
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 29, 2018 at 5:00 p.m., 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. 4156D and to
investigate and make findings and recommendations in connection therewith; 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, 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 to permit modifications to an existing automobile dealer in conjunction
with Conditional Use Permit No. 4156D, does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is
authorized by this code as an amendment to a conditional use permit is permitted under Section
18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code.
2. The Proposed Project, as conditioned herein, will not adversely affect the
abutting businesses or residences, nor the growth and development of the area in which it is
proposed to be located because the Proposed Project will improve on-site parking and circulation
so as to minimize any impacts on adjacent businesses.
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3. The size and shape of the site for the Proposed Project is adequate to allow the
full development of the proposed use, in a manner not detrimental to the particular area or to the
health and safety because the facility will continue to operate within an existing industrial business
complex without any additions or new construction.
4. The traffic generated by the Proposed Project 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.
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
use will continue to be integrated within the existing automobile dealership and would not pose a
health or safety risk to the citizens of the City of Anaheim.
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 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 the Planning Commission does
hereby approve Conditional Use Permit No. 4156D, contingent upon and subject to the conditions
of approval described in Exhibit B attached hereto referred to as "Revised Conditions of Approval"
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 the conditions of approval as set forth in
Resolution 2001-6 that otherwise would be applicable to Portion C of 5375 East La Palma, and
the conditions of approval set forth in Resolution No. PC99-187, Resolution No. PC2003-41,
Resolution No. PC2014-021 are hereby deleted in their entirety and replaced with the Revised
Conditions of Approval set forth in Exhibit B.
BE IT FURTHER RESOLVED that, effective upon the effective date of this
Resolution, the Revised Conditions of Approval hereby amend the Previous Conditions of
Approval and hereby replace the Previous Conditions of Approval in their entirety. All references
to the conditions of approval for the CUP shall be to the Revised Conditions of Approval attached
to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by
Conditional Use Permit No. 4156D.
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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.
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 29, 2018. 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.
\\ CHAIRPERSON, PLANNINt C MMISSION
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 29, 2018, by the following vote of the
members thereof.-
AYES:
hereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 29" day of October, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
CONDITIONAL USE PERMIT NO. 4156D
(DEV2018-00055)
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SP 2015-1AVE
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INDUSTRIAL
SP 21115-1
1 INDUSTRAL
E� NNtE�g q f
Subject Property
1 DEV No. 2018-00055
SP 2015-1
DA1
Canyo^ Commerce Center—
Jagua�,LandRover Dealers^.'p
SP2015-1
DA1
INDUSTRIAL
SP 21]15-1
DA1
ANAHEIM
HILLS
HEALTH
PLAZA
SP 2015-1
f
DAi
OFFICES
Jj
- SP 2015 1
SP 2015-1
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I DAI
S I
j MERCEDES
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BENZ_
SP 2015-1 ;
CAR
SP 2015-1 I
OFFICE
DEALERSHIP
DA1
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j INDUSTRIAL
4
SP2015-1
DA1
INDUSTRIAL
SP 2015-1
DAI ll
NDI;STRIAL
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MERCEDES BENZ
CAR DEALERSHIP
5P 2015,11
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MERCEDES �
BENZ
CAR '
II
DEALERSHIP.,
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Subject Property
1 DEV No. 2018-00055
SP 2015-1
DA1
Canyo^ Commerce Center—
Jagua�,LandRover Dealers^.'p
SP2015-1
DA1
INDUSTRIAL
SP 21]15-1
DA1
ANAHEIM
HILLS
HEALTH
PLAZA
PAt.MA AwE_ ---- --- — --_ —
APN: 346-261-06
5401-5440 E La Palma Ave and
5401, 5403, 5425, 5427, 5429, and 5431 East la Palma Ave
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SP 2015-1
DAT
CANYON
OFFICE
CENTER ;
4
SP 2015-1 ;
—DA1—
CANYON
OFFICE
CENTER .�
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PAt.MA AwE_ ---- --- — --_ —
APN: 346-261-06
5401-5440 E La Palma Ave and
5401, 5403, 5425, 5427, 5429, and 5431 East la Palma Ave
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 4156D
(DEV2018-00055)
NO. CONDITIONS OF APPROVAL NO.
DEPARTMENT
OPERATIONAL CONDITIONS
All on-site landscaping shall be in conformance with Chapter 18.46 Planning and Building
"Landscape and Screening" of the Anaheim Municipal Code and Department,
shall be maintained in perpetuity. Landscaping shall be replaced in a planning Services
timely manner in the event that it is removed, damaged, diseased Division
and/or dead.
2 No required parking area shall be fenced or otherwise enclosed for Planning and Building
outdoor storage use. Department,
Code Enforcement
Division
3 An on-site trash truck turn around area shall be maintained in Public Works
accordance with Engineering Standard Detail No. 610 and as required Department,
by the Department of Public Works, Street Sweeping and Sanitation Sanitation Division
Division.
4 Ongoing during project operations, vehicle deliveries including public Works
loading and unloading shall be performed on site in the approved Department,
designated area per the approved Transport Delivery Plan. Designated
loading areas shall be preserved as loading areas only. Delivery Traffic Engineering
vehicles shall not block any part of the driveways and/or public right Division
of way. It is the sole responsibility of the dealership to enforce this
plan and obtain cooperation.
5 Within 30 days from the date of this CUP amendment approval,
planning and Building
directional signage for truck haulers to enter the west driveway only
Department,
shall be installed at each entrance of the driveways along La Palma
Avenue.
Planning Services
Division
6 Ongoing during project operations, vehicle deliveries including
planning and Building
loading and loading shall not occur on any public roadway.
Department,
Code Enforcement
Division
7 ! On-site maintenance of vehicles shall be permitted inside the building
Planning and Building
only; no outdoor servicing or repair shall be permitted on the
Department,
premises.
Code Enforcement
Division
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
8 No "compact" or "small car" parking spaces shall be permitted. Planning and Building
Department,
Planning Services and
Building Divisions
9 The storage of vehicle parts, or business-related materials and all Planning and Building
work on vehicles (including the washing of vehicles) shall be Department,
confined entirely to the interior of the building. No vehicular body Code Enforcement
work, painting or other business-related activities, or storage of Division
vehicle parts or materials (other than vehicle inventory and service)
shall be allowed outdoors.
— i
10 A maximum of nine (9) display vehicles may be stored outside the Planning and Building
building. A maximum of twenty-two (22) parking spaces are Department,
designated for customers; eighty (80) parking spaces are designated Planning Services
for sales inventory or accessory service; and one -hundred sixteen Division
(116) parking spaces are permitted for service cars or accessory sales.
11 All properties used for off-site employee parking shall be under Planning and Building
agreement approved as to form by the City Attorney. The agreements Department,
shall be recorded at the Office of the County Recorder, and a copy Planning Services
filed with the Planning Department and, further, shall specify the
number and location of the off-site parking spaces and assure that the Division
spaces shall be accessible for parking in conjunction with the use for
which the parking spaces are required.
12 Prior to the expiration of any shared parking agreement, the applicant Planning and Building
shall submit to the City an extended agreement or submit an Department,
alternative parking arrangement to the Planning Department, subject Planning Services
to review by the Planning Director. If the applicant can demonstrate Division
that the 50 off-site spaces are sufficient, the applicant may
administratively request to delete the requirement for a notarized
parking agreement and replace it with a new Shared Parking
Agreement, subject to approval by the City Attorney.
13 The property owner shall submit a letter requesting the termination Planning and Building
of all previously approved zoning entitlements. Department,
Planning Services
Division
14 No Special Event Permits (including inflatable balloons) shall be Planning and Building
issued for temporary outdoor advertising or other events at this site. Department,
Planning Services
Division
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
15 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building
and its officials, officers, employees and agents (collectively referred Department,
to individually and collectively as "Indemnitees") from any and all Planning Services
claims, actions or proceedings brought against Indemnitees to attack, Division
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.
16 Adequate lighting of parking lots, passageways, recesses, and
Police Department
grounds contiguous to buildings shall be maintained with lighting of
sufficient wattage to provide adequate illumination to make clearly
I visible the 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.
17 The hours of operation of the dealership shall be limited to 7:00 a.m.
Planning and Building
to 8:00 p.m. Any changes to these hours of operation shall be subject
Department,
to review and approval by the Planning and Building Director to
Planning Services
ensure compatibility with the surrounding uses.
I
Division
r
18 This permit shall be subject to a six (6) month review by the Planning
Planning and Building
Commission, commencing from the date of this approval. Planning
Department,
Department staff will report back to the Planning Commission as a
Planning Services
"Reports and Recommendations" (R&R) item in order to verify that
Division
the auto dealership is operating without negative impacts to the
surrounding businesses. Surrounding properties shall be notified in
advance of the Planning Commission meeting and the applicant shall
pay for the cost of processing this R&R item. Future compliance
reviews may be required if significant violations are identified in the
future or if required by the Planning Commission.
-A
19 Permits shall be obtained for any tenant improvements completed
Planning and Building
without proper building permits, or if required by the Building
Department,
Official related to Building Code compliance.
Planning Services and
Building Divisions
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NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
20 Any graffiti painted or marked upon the business premises or on any
adjacent area under the control of the business owner shall be
removed or painted over within 24 hours of being applied or
discovered by the business owner.
GENERAL CONDITIONS
21 The auto dealership shall be operated in accordance with the Letter
of Operation submitted as part of this application. Any changes to the
j business operation as described in the Letter of Operation shall be
subject to review and approval by the Planning and Building Director.
22 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.
23
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,
I 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.
24 The Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department
and as conditioned herein.
25 That the final landscape plan, lighting plan, and sign program
including the waivers for the permitted location of the monument sign
and permitted encroachments into required yards, as part of
CUP2000-04240 shall remain effective.
Planning and Building
Department,
Code Enforcement
Division
Planning and Building
Department,
Planning Services
Division
Planning and Building
Department,
Planning Services
Division
Planning and Building
Department,
Planning Services
Division
Planning and Building
Department,
Planning Services
Division
Planning and Building
Department,
Planning Services
Division
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