Resolution-PC 2021-002RESOLUTION NO. PC2021-002
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OFANAHEIM APPROVING AND ADOPTING
CONDITIONAL USE PERMIT NO. 2020-06075 AND
VARIANCE NO. 2020-05150 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2020-00129)
(1522 WEST EMBASSY STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No.
2020-06075to permit an automotive repair facility within an existing industrial building, and (ii)
Variance No. 2020-05150 to provide fewer parking spaces than required by Code and to permit a
shared parking agreement (“ProposedProject”) at that certain real property located at 1522 West
Embassy Street in the City of Anaheim, County of Orange, State of California, as generally depicted
on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, approximately 0.52-acre in size, is currently developed with
an industrial building. The Property is located within the “Industrial” land use designation of the
Anaheim General Plan and in the “I” Industrial Zone and is subject to the zoning and development
standards contained in Chapter 18.10 (Industrial Zone) of the Anaheim Municipal Code (the
"Code"); and
WHEREAS,on March 4, 2020,Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N-25-
20 issued on March12, 2020), which allows a local legislative body to hold public meetings via
teleconferencing and to make public meetings accessible telephonically or otherwise electronically
to all members of the public seeing to observe and to address the local legislative body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing at the Civic Center in the City of Anaheim on January20, 2021at
5:00 p.m. and 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. 2020-06075and to investigate and
make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisionsof 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 Procedures, 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 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, 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
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 for Conditional Use Permit No. 2020-06075, does find and
determine the following:
1. That the proposed use is properly one for which a conditional use permit is authorized
by the Code which allows an automotive repair facility in the Industrial (I) Zone subject to approval
of a conditional use permit pursuant to Section 18.10.030 of the Code; and
2. That the proposed use 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 facility is consistent
with the industrial uses in the vicinity and will operate in a manner compatible with the neighboring
land uses; and
3. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area or health
and safety in that the Proposed Project as the building is existing and no exterior modifications or
expansion of the building is proposed; and
4. That the traffic generated by the proposed use 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 street;
and
5. That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim in that site
development standards proposed for the Proposed Project are consistent with the development
standards of the "I" Industrial zone, 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 pertaining to the request for Variance No. 2020-05150 to permit fewer parking spaces than
required by the Municipal Code, does find and determine the following facts:
SECTIONNO. 18.42.040.010 Minimum Number of Parking Spaces.
(29 spaces required; 5spaces proposed)
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1.That the variance, under the conditions imposed, will not cause fewer off-streetparking
spaces to be provided for the Propertythan the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of
operation of such use. Based on the operationsletter from the applicant and the analysis conducted
by City Staff, the daily demand for customer parking spaces for the Proposed Project is five spaces
and employee parking spaces will be provided off-site under shared parking agreement at 1600
West Lincoln Avenue. Based on the information provided and the shared parking agreement, there
would be adequate on-site and off-site parking for the Proposed Project;
2. That the variance for the Property, under the conditions imposed, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of the
propose use because the on-site and off-site parking will adequately accommodate the parking
demand for the use on the site;
3.That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed usebecause the on-siteand off-site parking will adequately accommodate the parking
demand for the use on the site;
4.That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed usebecause the
Property provides adequate ingress and egress points, which are designed to allow for adequate on-
site circulation;
5. That the variance under the conditions imposed, if any, will not impeded vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the Property will provide ingress or egress access points that are designed to
allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress
from adjacent properties upon the public streets in the immediate vicinity of the Property;
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. 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, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. 2020-06075and Variance
No. 2020-05150, 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. 2020-06075 and Variance No 2020-05150 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.
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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 January 20, 2021, by the following vote of the
members thereof:
AYES:COMMISSIONERS:ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
MULLEADY, VADODARIA, WHITE
NOES:COMMISSIONERS:NONE
ABSENT:COMMISSIONERS:NONE
th
IN WITNESS WHEREOF, I have hereunto set my hand this 20 day of January, 2021.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2020-06075
VARIANCE NO. 2020-05150
(DEV2020-00129)
NO. CONDITIONS OF APPROVALRESPONSIBLE
DEPARTMENT
PRIOR TO COMMENCEMENT OF BUSINESS OPERATIONS
The applicant shall enter into a sharedparking agreement with the
1Planning and Building
property at 1600 West Lincoln Avenue. Pursuant to the shared
Department
parking agreement, eight parking spacesshall be available for the
use of the applicant. The property located at 1600 West Lincoln
Avenue used for off-site parking shall be under agreement
approved as to form the City Attorney. The agreement shall be
recorded in the Office of the County Recorder, and a recorded copy
filed with the Planning and Building Department, and further, shall
specify the number and location of the off-street parking spaces and
assure that the spaces shall be accessible and available at all times
for parking in conjunctionwith the use for which the parking
spaces are required.
Upon any termination of the shared parking agreement, the
applicant or business owner shall notify the City and the applicant
or business owner shall coordinate with the Planning and Building
Department to identify a new location to accommodate the required
eight employee parking spaces and enter into a shared parking
agreement with the owner of said property.
PRIOR TO THE ISSUANCE OF BUILDING PERMITS
2If required by the Building Division, the applicant shall submit Planning and Building
plans and complete a Building Code analysis for occupancy Department
changes and/or any tenant improvements within the subject
building. In addition, all proper building permits shall be obtained
for the facility.
3A private water system with separate water service for fire Public Utilities Water
protection and domestic water shall be provided and shown on Engineering
plans submitted to the Water Engineering Division of the Anaheim
Public Utilities Department.
4All backflow equipment shall be located above ground outside of Public Utilities Water
the street setback area in a manner fully screened from all public Engineering
streets and alleys. Any backflow assemblies currently installed in a
vault will have to be brought up to current standards. Anyother
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NO. CONDITIONS OF APPROVALRESPONSIBLE
DEPARTMENT
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.
5All requests for new water services, backflow equipment, or fire Public Utilities Water
lines, as well as any modifications, relocations, or abandonments of Engineering
existing water services, backflow equipment, and fire lanes, shall
be coordinated and permitted through Water Engineering Division
of the Anaheim Public Utilities Department.
6All existing water services and fire services shall conform to Public Utilities Water
current Water Services Standards Specifications. Any water service Engineering
and/or fire 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 INSPECTION
7Owner/Developer shall install an approved backflow prevention Public Utilities Water
assembly on the water service connection(s) serving the property, Engineering
behind property line and building setback in accordance with
Public Utilities Department Water Engineer Division requirements.
OPERATIONAL CONDITIONS
8The Owner shall be responsible for restoring any special surface Public Utilities Water
improvements, other than asphalt paving, within any right-of-way, Engineering
public utility easement or City easement area including but not
limited to colored concrete, bricks, pavers, stamped concrete, walls,
decorative hardscape or landscaping that becomes damaged during
any excavation, repair or replacement of City owned water
facilities.
9That ongoing during project operations, vehicle deliveries Public Works, Traffic
including loading and unloading shall be performed on site. Engineering
Delivery vehicles shall not block any part of the public right of way.
WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT
10Owner/Developer shall install an approved backflow prevention Public Utilities Water
assembly on the water service connection(s) serving the property, Engineering
behind property line and building setback in accordance with
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NO. CONDITIONS OF APPROVALRESPONSIBLE
DEPARTMENT
Public Utilities Department Water Engineering Division
requirements.
GENERAL CONDITIONS
11The property shall be developed substantially in accordance with Planning and Building
plans and specifications submitted to the City of Anaheim by the Department
applicant and which plans are on file with the Planning Department
and as conditioned herein.
12The Applicant is responsible for paying all charges related to the Planning and Building
processing of this discretionary case application within 30 days of Department
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.
13The Applicant shall defend, indemnify, and hold harmless the City Planning and Building
and its officials, officers, employees and agents (collectively Department
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 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 withoutlimitation attorneys’ fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
14Prior to approval of permits for improvement plans, the property Public Utilities,
owner/developer shall coordinate with Electrical Engineering to Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
15Prior to connection of electrical service, the legal owner shall Public Utilities,
provide to the City of Anaheim a Public Utilities easement with Electrical Engineering
dimensions as shown on the approved utility service plan.
16Prior to connection of electrical service, the legal owner shall Public Utilities,
submit payment to the City of Anaheim for service connection fees. Electrical Engineering
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