Resolution-PC 2019-006RESOLUTION NO. PC2019-006
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2018-05992 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2018-00139)
(3711 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-05992
to permit an automotive retail showroom and repair facility with outdoor storage within an
industrial building (the "Proposed Project") on a portion of that certain real property located at
3711 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 0.53 acres in size and is currently developed
with a single -story industrial building. The Anaheim General Plan designates the Property for "I"
Industrial land uses. The Property is located in the "SP -2015-1" Anaheim Canyon Specific Plan,
Development Area I (Industrial Area), meaning that the Property is subject to the zoning and
development standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1
Zoning and Development Standards) 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 February 4, 2019 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.
2018-05992, 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 minor 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, 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. 2018-05992, does find and determine the following:
1. The proposed automotive retail showroom and repair facility with outdoor
storage uses are allowable primary uses permitted with a conditional use permit within the "SP
2015-1" Anaheim Canyon Specific Plan Zone, as authorized under Table 120-B of Section
18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1 Zoning and
Development Standards) of the Code.
2. The proposed conditional use permit to permit a automotive retail showroom
and repair facility with outdoor storage, 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 all repairs will occur within an existing industrial building, and all outdoor storage
will be adequately screened from public view.
3. The size and shape of the site for the use is adequate to allow the full
development of the automotive retail showroom and minor repair facility with outdoor storage in
a manner not detrimental to the particular area or to the health and safety because the facility will
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 retail showroom and repair facility with
outdoor storage 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 uses will continue to be integrated with the surrounding industrial and commercial uses in the
area 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.
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NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05992,
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. 2018-
05992 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 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 maybe 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 February 4, 2019. 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 of4peal___.___
CHAIRPERSON, PLANNR46,QOMMISSION
OF THE CIT'' 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 February 4, 2019 by the following vote of the
members thereof:
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 4t1i day of February, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEQ' NO. 2018-00139
A PN : 345-179-01
345-173-17
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05992
(DEV2018-00139)
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
OPERATIONAL CONDITIONS
1
Outdoor storage or display of vehicles shall be permitted in the
Planning and Building
designated area per the approved site plan, and no outdoor auto
Department
body/repair work of any kind shall be conducted on the
property.
Cofe Enforcement
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2
Overnight vehicle parking shall be limited to inside the building
Planning and Building
or within the fenced yard to the rear of the building only.
Department
Cofe Enforcement
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3
All vehicles awaiting service shall be parked on-site; no
Planning and Building
adjacent or nearby public streets shall be utilized for any parking
Department
related to this business.
Cofe Enforcement
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4
All loading and unloading of vehicles shall follow the approved
Planning and Building
Truck Delivery Plan by the Public Works, Traffic Engineer
Department
which is made part of this approval. No loading and unloading
of cars are permitted on La Palma Avenue.
Cofe Enforcement
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5
Display of cars shall be limited to the five spaces identified on
Planning and Building
the site plan. No other locations for display of cars shall be
Department
permitted.
Cofe Enforcement
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6
If the business can no longer accommodate six parking spaces
Planning and Building
within the warehouse, the applicant shall submit a revised
Department
parking and operations plan to the Planning Department to re-
evaluate on-site parking needs to meet Municipal Code
Cofe Enforcement
requirements. Any changes to the business operation, as
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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 to ensure
compatibility with the surrounding uses.
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CONDITIONS OF APPROVAL
RESPONSIBLE
NO.
DEPARTMENT
7
The owner shall install and maintain adequate landscaping on
Planning and Building
the entire site, including the trees to screen the outdoor storage
Department,
from view of the public street. Prior to the establishment of the
Planning Services
business, the owner shall replace the existing dead Cypress trees
with new trees in accordance with this requirement.
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GENERAL CONDITIONS
8
The Applicant shall defend, indemnify, and hold harmless the
Planning and Building
City and its officials, officers, employees and agents
Department,
(collectively referred to individually and collectively as
"Indemnitees")
Planning Services
from any and all claims, actions or
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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
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.
9
The applicant is responsible for paying all charges related to
Planning and Building
the processing of this discretionary case application within 30
Department,
days of the issuance of the final invoice or prior to the issuance
Planning Services
of building permits for this project, whichever occurs
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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.
10
The business premises shall be developed substantially in
Planning and Building
accordance with plans and specifications submitted to the
Department,
City of Anaheim by the petitioner, which plans are on file
Planning Services
with the Planning Department, and as conditioned herein.
Division
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