Resolution-PC 2019-021RESOLUTION NO. PC2019-021
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 4177A AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2018-00145)
(1331 NORTH EUCLID STREET)
WHEREAS, on February 14, 2000, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission"),
by Resolution No. PC2000-17, approved Conditional Use Permit 4177, in part, to permit an
automotive dealership with accessory auto repair services with waivers to (i) minimum number of
required trees; (ii) required parking lot landscaping; (iii) minimum distance between freestanding
signs; (iv) minimum lot size for an auto dealership to permit a freeway -oriented sign; (v) minimum
number of parking spaces; and (vi) permitted encroachments into required yards (herein referred
to as the "Original CUP") for that certain real property located at 1331 North Euclid 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 Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for an amendment to the original CUP (Conditional
Use Permit No. 4177A) for the construction of an automotive washing facility (the "Proposed
Project") in conjunction an existing automobile dealership on the Property; and
WHEREAS, the Property is approximately 7.02 -acres in size and is designated as General
Commercial in the Anaheim General Plan Land Use Element. The Property is currently zoned
"C -G" General Commercial. As such, the Property is subject to the zoning and development
standards described in Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 15, 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 of the Code, to
hear and consider evidence for and against the Proposed Project, including, specifically,
Conditional Use Permit No. 4177A, 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 Section 15000 of 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
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WHEREAS, the Planning Commission also finds and determines that the effects of the
proposed addition of a new carwash facility to the existing automobile dealership building are
typical of those generated within that class of projects (i.e., Class 3 — New Construction or
Conversion of Small Structures) which consists of the construction and location of limited numbers
of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples
of projects that qualify for an exemption from the provisions of CEQA, one of which being the
construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned
for such use if not involving the use of significant amounts of hazardous substances where all
necessary public services and facilities are available and the surrounding area is not
environmentally sensitive. 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 to permit the Project on the Property does find and determine
the following facts:
1. The proposed request to construct an automotive washing facility in conjunction
with the existing automobile dealership is an allowable use within the "C -G" General Commercial
Zone under subsection .010 of Section 18.08.030.010 (Uses) of Chapter 18.08 (Commercial
Zones) of the Code, subject to a conditional use permit and the zoning and development standards
of the "C -G" General Commercial Zone; and
2. The proposed request to permit the construction of an automotive washing facility
would not adversely affect the adjoining land uses, or the growth and development of the area in
which it is proposed to be located because the Proposed Project will improve the aesthetics of the
improvements on the Property and the overall appearance of the project site by removing
temporary structures and outside uses with a permanent building, and would not have an adverse
effect on adjacent residential and commercial uses; and
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to either the particular area or health and safety
because the site can accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties; and
4. The traffic generated by the Proposed Project would 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 the Proposed Project will not exceed the anticipated volumes of traffic on the
surrounding streets and adequate parking is provided to accommodate the existing use; no
additional traffic is anticipated from the carwash facility as only vehicles serviced or sold at the
site will utilize the carwash, and there will be no carwash access to the general public; and
5. The granting of the conditional use permit will not be detrimental to the health and
safety of the citizens of the City of Anaheim because the Proposed Project would improve the
overall appearance of the project site by removing temporary structures and outside uses with a
permanent building, designed to be compatible with the existing building and surrounding
properties, subject to compliance with the conditions contained herein; and
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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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 4177A, contingent upon and subject to the conditions of
approval set forth 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 for which Conditional Use Permit No. 4177A 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 and Building 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, effective upon the effective date of this Resolution, the
Revised Conditions of Approval hereby amend and replace the Previous Conditions of Approval in
their entirety. All reference 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. 4177A.
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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 15, 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 of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 April 15, 2019, by the following vote of the members
thereof-
AYES:
hereof
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2018-00145
APN: 072-150-78
072-150-69
072-150-68
W MEDICAL CENTER DR
O 0 50 1C
FeetO
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. 4177A
(DEV2018-00145)
NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
1
Prepare and submit a final grading plan showing building footprints,
pad elevations, finished grades, drainage routes, retaining walls,
Public Works
erosion control, slope easements and other pertinent information in
Department,
accordance with Anaheim Municipal Code and the California Building
Development Services
Code, latest edition.
Division
2
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works
(SWPPP). The SWPPP shall be kept at the project site and be available
Department,
for Public Works Development Services Division review upon request.
Development Services
Division
3
All required plans and studies shall be prepared by a Professional
Public Works
Engineer with registration in the State of California.
Department,
Development Services
Division
PRIOR TO ISSUANCE OF BUILDING PERMITS
4
Provide a certificate to the Public Works Department for review and
approval, prepared by a Professional Civil Engineer with
Public Works
license/registration in the State of California, certifying that the
Department,
finished grading has been completed in accordance with the City
Development Services
approved grading plan.
Division
5
All requests for new water services, backflow equipment, or fire lines,
as well as any modifications, relocations, or abandonments of existing
water services, backflow equipment, and fire lines, shall be coordinated
public Utilities, Water
and permitted through Water Engineering Division of the Anaheim
Engineering
Public Utilities Department.
6
The car wash shall comply with all state laws and local ordinances for
Water Conservation Measures, including Chapter 10.18 of Anaheim
Public Utilities, Water
Municipal Code and Ordinance relating to Water Reduction provisions.
Engineering
7
Prior to approval of permits for improvement plans, the property
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
Public Utilities, Electrical
plans, electrical panel drawings, site plans, elevation plans, and related
Engineering
technical drawings and specifications. Contact: Manny Soto,
Soto (janaheim.net, (714) 765-4271.
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NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
8
All fees/deposits required by Public Works department must be paid in
Public Works
full.
Department,
Development Services
Division
9
Parking lot striping shall be provided, per City Standard Detail No. 470.
Planning and Building,
Planning Division
10
Adequate lighting of parking lots, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of sufficient
wattage to provide adequate illumination to make clearly 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. All exterior doors shall have their own
Planning and Building,
light source, which shall adequately illuminate door areas at all hours
to make clearly visible the presence of any person on or about the
Planning Division
premises and provide adequate illumination for persons exiting the
building. Address numbers shall be well lit during hours of darkness.
Minimum recommended lighting level in all parking areas is 0.5 foot-
candle maintained, measured at the parking surface, with a maximum
to minimum ratio no greater than 15:1.
11
All plumbing or other similar pipes and fixtures located on the exterior
of the building shall be fully screened by architectural devices and/or
Planning and Building,
appropriate building materials. Said information shall be specifically
Planning Division
shown on the plans submitted for building permits.
ON-GOING DURING PROJECT OPERATIONS
12
Ongoing during project operations, vehicle deliveries including loading
Public Works
and unloading shall be performed on site. Delivery vehicles shall not
Department,
block any part of the public right of way.
Development Services
Division
13
Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the property owner shall be removed or
Planning and Building,
painted over within 24 hours of being applied.
Code Enforcement
14
The applicant shall be responsible for maintaining the premises in an
Planning and Building,
orderly fashion through the provision of regular maintenance and
Planning Division/Code
removal of trash or debris.
Enforcement
15
That no required parking area shall be fenced or otherwise enclosed for
Planning and Building,
outdoor storage uses.
Planning Division
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NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
16
That no public address system or any other communication system that
is audible outside the building area shall be permitted for this
planning and Building,
automotive dealership.
planning Division
17
There shall be no special advertising, banners, flags, pennants, balloons
attached to vehicles, tents, sales events or other promotional activities
Planning and Building,
unless a Special Event Permit is first obtained to authorize said
Planning Division
displays.
18
That there shall be no tethered balloons, rooftop advertising devices or
Planning and Building,
any other freeway -oriented displays permitted.
Planning Division
19
That no display of inventory of vehicles shall be permitted within the
Planning and Building,
required landscaped setback areas.
Planning Division
20
Any tree planted on-site shall be replaced in a timely manner in the
event that it is removed, damaged, diseased and/or dead. All existing
Planning and Building,
mature landscaping shall be maintained and immediately replaced in
Planning Division
the event that it becomes diseased or dies.
21
The car wash facility shall be operated in accordance with the Letter of
Operation submitted as part of this application. Any changes to the
business operation as described in the Letter of Operation shall be
subject to review and approval by the Planning Director to determine
substantial conformance with the Letter of Operation and to ensure
planning and Building,
compatibility with the surrounding uses. The car wash facility may
planning Division
operate from 7:00 a.m. to 10:00 p.m. Monday through Saturday, 7:00
a.m. to 9:00 p.m. Sunday. The hours of operation may be modified
subject to review and approval by the Planning Director.
GENERAL
22
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,
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
Planning and Building,
reasonableness, legality or validity of any condition attached
Planning Services
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.
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NO.
REVISED CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
23
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
Planning and Building,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
24
The business premises shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim by the
Planning and Building,
petitioner, which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
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