Resolution-PC 2019-023RESOLUTION NO. PC2019-023
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2019-06000 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2019-00009)
(327 NORTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2019-06000 to permit
the construction of a automotive paint booth building in conjunction with an existing auto body,
repair, and sales business (the "Proposed Project") at the premises located at 327 North Anaheim
Boulevard 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 0.5 -acres in size and is designated for Mixed
Use land uses 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 29, 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. 2019-06000, 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
WHEREAS, the Planning Commission also finds and determines that the effects of the
proposed paint booth 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
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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 request to permit the Project on the Property does find and determine
the following facts:
1. The proposed request to permit the Proposed Project 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 Proposed Project 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 on the Property and the overall
appearance of the project site by constructing a new building, parking lot, and landscaping, and all
automotive repair uses will be conducted inside the buildings; 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 will accommodate the parking, traffic flows, and circulation without creating
detrimental effects on adjacent properties; and
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
anticipated volumes of traffic on the surrounding streets will not be increased after the new paint
booth building is constructed; 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, subject to compliance with the conditions contained herein.
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. 2019-06000, 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 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 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.
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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 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
April 29, 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.
rvN-�
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
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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 April 29, 2019, by the following vote of the members
thereof:
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 291h day of April, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 035-102-26
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EXHIBIT "A"
DEV NO. 2019-00009
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2019-06000
(DEV2019-00009)
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RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
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 and other pertinent information in accordance with
Development Services
Anaheim Municipal Code and the California Building Code, latest
Division
edition.
2
Prepare and submit a final drainage study, including supporting
hydraulic and hydrologic calculations to the City of Anaheim for
review and approval. The study shall confirm or recommend changes
to the City's adopted Master Drainage Plan by identifying off-site and
on-site storm water runoff impacts resulting from build -out of
public Works,
permitted General Plan land uses. In addition, the study shall identify
Development Services
the project's contribution and shall provide locations and sizes of
Division
catchments and system connection points and all downstream drainage -
mitigating measures including but not limited to offsite storm drains
and interim detention facilities.
3
Prepare and submit a Water Quality Management Plan (WQMP) to the
City for review and approval. The WQMP shall be consistent with the
requirements of Section 7 and Exhibit 7.11 of the Orange County
Drainage Area Management Plan (DAMP) for New
Development/Significant Redevelopment projects. The WQMP shall
identify potential sources of pollutants during the long-term on-going
maintenance and use of the proposed project that could affect the
public Works,
quality of the storm water runoff from the project site; define Source
Development Services
Control, Site Design, and Treatment Control best management
Division
practices (BMPs) to control or eliminate the discharge of pollutants into
the surface water runoff; and provide a monitoring program to address
the long-term implementation of and compliance with the defined
BMPs. All BMP facilities and features shall be located entirely on site
and out the public right-of-way.
4
Submit a Preliminary Geotechnical Report to the Public Works
Development Services Division for review and approval. The report
Public Works,
shall address any proposed infiltration features of the WQMP.
Development Services
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
5
Owner/Developer shall install an approved backflow prevention
assembly on the water service connection(s) serving the property,
Public Utilities,
behind property line and building setback in accordance with Public
Water Engineering
Utilities Department Water Engineering Division requirements.
6
The Owner/Developer shall submit a set of improvement plans for
Public Utilities,
Public Utilities Water Engineering review and approval in determining
the conditions necessary for providing water service to the project.
Water Engineering
PRIOR TO ISSUANCE OF BUILDING PERMITS
7
The property owner shall irrevocably offer to dedicate in a signed deed
to the City of Anaheim: i) an easement 53 -feet in width from the
Public Works,
centerline of Anaheim Boulevard, and ii) a corner cut-off dedication at
Development Services
Anaheim Boulevard and Adele Street for road, public utilities, and
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other public purposes.
8
The developer shall obtain a right of way construction permit and post
a security for construction of all required public improvements within
the street right-of-way. These improvements include, but may not be
limited to: i) removal of the existing northerly driveway approach on
Public Works,
Anaheim Boulevard and replacement with sidewalk, curb and gutter;
Development Services
ii) removal and reconstruction of the existing damaged, broken, and
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uplifted sidewalk on Adele Street along the property frontage as
determined by the City Engineer. All construction shall be in
accordance with City's Standard Detail 110-B and 120.
9
The legal property owner shall submit a Lot Line Adjustment to Public
Works, Development Services for review and approval to modify or
Public Works,
merge the existing two lots into one parcel. The Lot Line Adjustment
Development Services
and Conformance Deed shall be recorded prior to issuance of a building
Division
permit.
10
The legal property owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to the Public Works Department,
Development Services Division. A Certificate of Compliance or
Public Works,
Conditional Certificate of Compliance shall be approved by the City
Development Services
Surveyor and recorded in the Office of the Orange County Recorder
Division
prior to issuance of a building permit.
11
Provide a certificate, from a Registered Civil Engineer, certifying that
Public Works,
the finished grading has been completed in accordance with the City
Development Services
approved grading plan.
Division
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12
The following minimum clearances shall be provided around all new
and existing public water facilities (e.g. water mains, fire hydrants,
service laterals, meters, meter boxes, backflow devices, etc.):
• 10 feet from structures, footings, walls, stormwater BMPs,
Public Utilities,
power poles, street lights, and trees.
Water Engineering
• 5 feet from driveways, BCR/ECR of curb returns, and all
other utilities (e.g. storm drain, gas, electric, etc.) or above
ground facilities.
13
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,
plans, electrical panel drawings, site plans, elevation plans, and related
Electrical Engineering
technical drawings and specifications. Contact: Chamrun Keo,
ckeo@anaheim.net, (714) 765-4153 to plan for new or upgard.
14
A private water system with separate water service for fire protection
and domestic water shall be provided and shown on plans submitted to
Public Utilities,
the Water Engineering Division of the Anaheim Public Utilities
Water Engineering
Department.
15
All backflow equipment shall be located above ground outside of the
street setback area in a manner fully screened from all public streets
and alleys. Any backflow assemblies currently installed in a vault will
have to be brought up to current standards. Any other large water
Public Utilities,
system equipment shall be installed to the satisfaction of the Water
Engineering Division outside of the street setback area in a manner
Water Engineering
fully screened from all public streets and alleys. Said information shall
be specifically shown on plans and approved by Water Engineering and
Cross Connection Control Inspector.
16
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,
and permitted through Water Engineering Division of the Anaheim
Water Engineering
Public Utilities Department.
17
All existing water services and fire services shall conform to current
Water Services Standards Specifications. Any water service and/or fire
line that does not meet current standards shall be upgraded if continued
Public Utilities,
use is necessary or abandoned if the existing service is no longer
Water Engineering
needed. The Owner/Developer shall be responsible for the costs to
upgrade or to abandon any water service or fire line.
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18
The Owner/Developer shall submit to the Public Utilities Department
Water Engineering Division an estimate of the maximum fire flow rate
and maximum day and peak hour water demands for the project. This
information will be used to determine the adequacy of the existing
Public Utilities,
water system to provide the estimated water demands. Any off-site
Water Engineering
water system improvements required to serve the project shall be done
in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules,
and Regulations.
19
Water improvement plans shall be submitted to the Water Engineering
Division for approval and a performance bond in the amount approved
Public Utilities,
by the City Engineer and form approved by City Attorney shall be
Water Engineering
posted with the City of Anaheim.
20
Applicant shall contact Water Engineering for recycled water system
Public Utilities,
requirements and specific water conservation measures to be
Water Engineering
incorporated into the building and landscape construction plans.
21
Storage and use of hazardous materials will need to be listed on the
plans to determine additional requirements if they are above the
Fire Department
maximum allowable quantities as listed in CFC Table 5003.1.1(1-4).
22
The property owner shall submit a letter requesting termination of
Planning and Building,
Conditional Use Permit No. 2015-05842 to the Planning Department.
Planning Division
23
Parking stalls and drive aisle widths shall comply with Chapter 18.42
Parking and Loading of the Anaheim Municipal Code and City
Planning and Building,
Standard Detail 470. The final site plan issued with building permits
Planning Division
shall depict conforming dimensions.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
24
All required on-site Water Quality Management Plan and public right-
Public Works,
of -way improvements shall be completed, operational, and are subject
Development Services
to review and approval by the Construction Services Inspector.
Division
25
All fees/deposits required by Public Works Department must be paid in
Public Works,
full.
Development Services
Division
26
Owner/Developer shall install an approved backflow prevention
assembly on the water service connection(s) serving the property,
Public Utilities,
behind property line and building setback in accordance with Public
Water Engineering
Utilities Department Water Engineering Division requirements.
27
Parking lot striping shall be provided per City Standard Detail No. 470.
Planning and Building,
Planning Division
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28
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
Planning Division
to make clearly visible the presence of any person on or about the
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.
29
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
30
The auto sales business shall be permitted to display no more than one
Planning and Building,
vehicle.
Planning Division
31
Any graffiti painted or marked upon the premises or on any adjacent
planning and Building,
area under the control of the property owner shall be removed or
Code Enforcement
painted over within 24 hours of being applied.
32
The applicant shall be responsible for maintaining the premises in an
Planning and Building,
orderly fashion through the provision of regular maintenance and
Code Enforcement
removal of trash or debris.
33
The paint booth and auto repair business 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
Planning and Building,
Letter of Operation shall be subject to review and approval by the
Planning Division
Planning Director to determine substantial conformance with the Letter
of Operation and to ensure compatibility with the surrounding uses.
34
All landscaping shall be maintained in perpetuity in conformance with
Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal
Planning and Building,
Code. Landscaping shall be replaced in a timely manner in the event
Code Enforcement
that it is removed, damaged, diseased and/or dead.
35
All auto body, painting, and repair work shall occur inside the buildings
only. The storage of all auto parts and materials shall not be permitted
Planning and Building,
outside of the buildings.
Code Enforcement
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36
All vehicle deliveries including loading and unloading shall be
Public Works,
performed on site. Delivery vehicles shall not block any part of the
Development Services
public right-of-way.
Division
GENERAL
37
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.
38
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.
39
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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