Resolution-PC 2019-033RESOLUTION NO. PC2019-033
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE
PERMIT NO. 2019-06020 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2019-00074)
(2830 EAST MIRALOMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2019-06020 to
establish a retail auto sales and repair business within an existing industrial building (the "Proposed
Project") at the premises located at 2830 East Miraloma 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 0.85 -acres in size and is designated for
Industrial land uses in the Anaheim General Plan Land Use Element. The Property is currently
zoned "Anaheim Canyon Specific Plan, DA -1 Industrial" As such, the Property is subject to the
zoning and development standards described in Chapter 18.120 (Anaheim Canyon Specific Plan
No. 2015-1) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on August 5, 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. 2019-06020, 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 auto sales and repair business are typical of those generated within that class of projects
(i.e. Class 1— Existing Facilities) which consists of the repair, maintenance, and/or minor alteration
of existing public or private structures or facilities, involving negligible or no expansion of existing
or former use. The Project involves the use of an existing industrial building for auto sales and
repair with no additional square footage being added. 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
- 1 - PC2019-033
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 Project is an allowable use within the Anaheim Canyon Specific Plan
under Table 120-B of Section 18.120.040.010 (Uses) of Chapter 18.120 (Anaheim Canyon
Specific Plan) of the Code, subject to approval of a conditional use permit and compliance with
the zoning and development standards of the Anaheim Canyon Specific Plan; and
2. The Proposed Project will 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 occupy an existing industrial building with all automotive repair conducted inside the
building; 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 auto
sales and repair business is in operation; 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 be integrated
and compatible with other industrial uses in the area and would not pose a health or safety risk to
the citizens of the City of Anaheim, 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. 2019-06020, 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.
- 2 - PC2019-033
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
August 5, 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.
CHAI N, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-3 - PC2019-033
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 August 5, 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 5"' day of August, 2019.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2019-033
EXHIBIT "A"
DEV NO. 2019-00074
0"
so
"'oSource: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
- 5 - PC2019-033
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2019-06020
(DEV2019-00074)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
I
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).
2
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the property,
Water Engineering
behind property line and building setback in accordance with Public
Utilities Department Water Engineering Division requirements.
3
All backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened from all public streets
Water Engineering
and alleys. Any backflow assemblies currently installed in a vault will
have to be brought up to current standards. Any other large water
system equipment shall be installed to the satisfaction of the Water
Engineering Division outside of the street setback area in a manner
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.
4
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be coordinated
and permitted through the Water Engineering Division of the Anaheim
Public Utilities Department.
5
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or fire
Water Engineering
line that does not meet current standards shall be upgraded if continued
use is necessary or abandoned if the existing service is no longer
needed. The Owner/Developer shall be responsible for the costs to
upgrade or to abandon any water service or fire line.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
6
Parking lot striping shall be provided per City Standard Detail No. 470.
Planning and Building,
Planning Division
- 6 - PC2019-033
- 7 - PC2019-033
RESPONSIBLEDEPARTMENT
NO.
CONDITIONS OF APPROVAL
7
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,
Planning and Building,
property, and vehicles on-site. All exterior doors shall have their own
Planning Division
light source, which shall adequately illuminate door areas at all hours
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.
ON-GOING DURING PROJECT OPERATIONS
8
Vehicle deliveries including loading and unloading shall be performed
on site only. Delivery vehicles shall not block any part of the public
Public Works,
right-of-way.
Traffic Engineering
9
The auto sales business shall be permitted to display no more than two
Planning and Building,
vehicles.
Planning Division
10
No outdoor auto body/repair work of any kind shall be conducted on
Planning and Building,
the property.
Planning Division
11
Overnight vehicle parking shall be limited to inside the building or
Planning and Building,
behind the enclosed fenced area only. Inoperable vehicles shall not be
visible from view of a public street.
Planning Division
12
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.
13
The applicant shall be responsible for maintaining the premises in an
orderly fashion through the provision of regular maintenance and
Planning and Building,
removal of trash or debris.
Code Enforcement
14
The 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 Letter of Operation shall be
subject to review and approval by the Planning Director to determine
Planning and Building,
substantial conformance with the Letter of Operation and to ensure
Planning Division
compatibility with the surrounding uses.
- 7 - PC2019-033
NO.
CONDITIONS OF APPROVAL
RESPONSIBLEDEPARTMENT
15
All new landscaping shall be installed in conformance with Chapter
18.46 "Landscape and Screening" of the Anaheim Municipal Code. All
existing and new landscape planters shall be maintained in perpetuity,
Planning and Building,
including the removal of trash or debris. All landscaping and irrigation
Code Enforcement
shall be immediately replaced in the event that it is removed, damaged,
inoperable, diseased and/or dead.
16
The occupant shall be responsible for keeping the trash bin(s) out of
public view except for pick-up days. On pick-up days, bin(s) shall be
Public Works,
placed locations acceptable by trash service company for pick-up, and
Operations Division
placed out of public view by the end of business day.
GENERAL
17
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.
18
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.
19
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.
- 8 - PC2019-033