Resolution-PC 2023-005RESOLUTION NO. PC2023-005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
ALLOW AN AUTOMOTIVE -VEHICLE SALES, LEASE, AND
RENTAL FACILITY AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2022-00073)
(5635 East La Palma Avenue)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit for an
Automotive -Vehicle Sales, Lease, and Rental facility (the "Proposed Project") in conjunction with
approval of a minor conditional use permit to modify an existing electronic readerboard signs, on
certain real property located at 5635 East La Palma Avenue 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 is approximately 5.52 acres in area and is currently
developed with a movie theater building, parking structure, and two restaurant buildings, one of
which has a drive-through. The property is located in the "SP2015-1" Anaheim Canyon Specific
Plan in Development Area 5 (DA5) and the General Plan designates the property for General
Commercial land uses. The development standards and regulations of Chapter 18.120 (Anaheim
Canyon Specific Plan) of the Anaheim Municipal Code (the "Code") apply to the Proposed
Project; and
WHEREAS, Automotive—Vehicle Sales, Lease & Rental uses require a conditional use
permit subject to the approval by the Planning Commission pursuant to Subsection .040 of Section
18.120.040 (Uses); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on February 27, 2023, at 5:00 p.m., with 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 the Proposed Project and
to investigate and make findings and recommendation 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 CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project are
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301— Existing Facilities. The Proposed Project includes interior
improvements to the existing movie theater with minimal exterior improvements and staff does
not anticipate that these would result in a significant impact on the environment. Trip generation
from the Proposed Project is less than the previously -operating movie theater. Therefore, staff has
determined that this would be a negligible expansion of the use. Pursuant to Section 15300.2 (c)
and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances
in respect to the proposed project for which staff would anticipate a significant effect on the
environment and, therefore, the proposed project would be 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 a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is properly one for which a conditional use permit is
authorized as an allowable use within the Anaheim Canyon Specific Plan under subsection .040
of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan) of the Code,
subject to a conditional use permit for an Automotive -Vehicle Sales, Lease, and Rental facility.
2. The Proposed Project, as conditioned herein, would not adversely affect the
adjoining land uses, or the growth and development of the area because the project would be
consistent in use and would operate similarly to the adjacent commercial uses in the area as there
are automotive dealerships located to the west of the subject site. The proposed improvements on
the Property are consistent with the required on-site improvements in the Anaheim Canyon
Specific Plan, with adequate vehicle and service access from the public right-of-way.
3. The size and shape of the site are adequate to allow the full operation of the
Proposed Project in a manner not detrimental to either the particular area or to the health and safety
of the public because the commercial site can accommodate the required parking, vehicle access,
and circulation without creating detrimental effects on adjacent properties. The required parking
and demand for the proposed use is less than the required and provided parking from the previous
movie theater, and the Proposed Project would result in a surplus of available parking for all the
uses on the property.
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways, as they are designed and improved to carry the anticipated traffic
generated by the Proposed Project. Additionally, the site will not exceed the anticipated volumes
of traffic or daily trips, as the City Traffic Engineering Department has confirmed the findings
through the review of a project -specific Trip Generation Memo and Vehicle Miles Traveled
(VMT) Screening Evaluation.
5. The granting of the conditional use permit would not be detrimental to the health
and safety of the citizens of the City of Anaheim because the Proposed Project would be
compatible with the commercial uses in the surrounding area, subject to compliance with the
conditions contained herein; and
- 2 - PC2023-005
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
negate 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.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit, 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 for which the conditional use permit 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 may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (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 27, 2023. 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.
-3 - PC2023-005
VICE CHAIRPERSOIT, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2023-005
EXHIBIT "A"
DEV NO. 2022-00073
E LA PALMA AVE
Oa so ioo
v
Feet
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
PC2023-005
EXHIBIT `B"
Conditional Use Permit
(DEV2022-00073)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO GRADING PERMIT ISSUANCE
The Applicant/Owner/Developer shall submit a set of
Public Utilities,
improvement plans for Public Utilities Water Engineering
Water Engineering
1
review and approval in determining the conditions necessary for
providing water service to the project.
PRIOR TO BUILDING PERMIT ISSUANCE
2
Any utility connections or work performed within the public
Public Works Department,
right-of-way shall require a Right of Way Construction Permit
Development Services
from the Public Works Department.
3
Any proposed on-site landscaping shall comply with the City of
Public Works Department,
Anaheim's adopted Landscape Water Efficiency Guidelines.
Development Services
This ordinance is in compliance with the State of California
Model Water Efficient Landscape Ordinance (AV 1881).
4
A private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on
Water Engineering
plans submitted to the Water Engineering Division of the
Anaheim Public Utilities Department.
5
All backflow equipment shall be located above ground outside
Public Utilities,
of the street setback area in a manner fully screened from all
Water Engineering
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 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.
6
All requests for new water services, backflow equipment, or fire
Public Utilities,
lines, as well as any modifications, relocations, or abandonments
Water Engineering
of existing water services, backflow equipment, and fire lines,
shall be coordinated and permitted through Water Engineering
Division of the Anaheim Public. Utilities Department.
7
All existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water
Water Engineering
PC2023-005
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
service 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.
8
The Owner/Developer shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the
Water Engineering
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 water system to provide
the estimated water demands. Any off-site 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.
9
All grading and excavation activities shall be carried out in
Planning and Building
accordance with the site's Soil Management Plan and a note to
Department,
this effect shall be included on the applicable construction plans.
Planning Services Division
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
Any proposed public improvements or utility connections shall
Public Works Department,
10
be constructed by the developer, inspected and accepted by
Development Services
Construction Services prior to final building and zoning
inspection.
11
All remaining fees/deposits required by Public Works
Public Works Department,
Department must be paid in full.
Development Services
Owner/Developer shall install an approved backflow prevention
Public Utilities,
assembly on the water service connection(s) serving the
Water Engineering
12
property, behind property line and building setback in
accordance with Public Utilities Department Water Engineering
Division requirements.
GENERAL
13
All CBC and CFC requirements shall be followed for permit
Fire Department
issuance. Any fire permits shall be submitted directly to
Anaheim Fire Prevention Bureau.
14
Due to the proposed storage of EV vehicles w/batteries in the
Fire Department
parking structure; the parking garage shall be provided with a
NFPA 13 firesprinkler system.
15
Any lockable pedestrian and/or vehicular access gates shall be
Fire Department
equipped with "knox box" devices as required by the Fire
Department.
PC2023-005
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
16
That ongoing during project operations, vehicle deliveries
Public Works Department,
including loading and unloading shall be performed on site.
Traffic Engineering
Delivery vehicles shall not block any part of the public right of
way or existing access to Imperial Promenade, the shopping
center located east of the project.
17
That ongoing during project operations, public streets or
Public Works Department,
parking lots shall not be used for outdoor storage, storage of
Traffic Engineering
trailers or non -motorized vehicles, automobile washing or
detailing, automobiles repair maintenance, storage of
ino erable vehicles.
18
Building plans shall show conformance with the current version
Public Works Department,
of Engineering Standard Detail 115 pertaining to driveway
Traffic Engineering
design, sight distance visibility for signs, landscaping, and
fence/wall locations and pertaining to commercial driveway
radii, subject to the approval of the City Engineer.
19
Building plans shall show conformance with the current version
Public Works Department,
of Engineering Standard Detail 473 pertaining to driveway
Traffic Engineering
spacing and distance from public ROW to nearest parking
space, subject to the approval of the City Engineer. Subject
property shall thereupon be developed and maintained in
conformance with said plans.
20
Building plans shall show conformance with the current version
Public Works Department,
of Engineering Standard Detail 470 pertaining to parking
Traffic Engineering
standards. The subject property shall thereupon be developed
and maintained in conformance with said plans.
21
Building plans shall indicate any required utility vehicle
Public Works Department,
hammerhead turn around areas, and that said hammerhead turn
Traffic Engineering
areas shall conform to the current version of Engineering
Standard Detail 476.
22
The Owner shall be responsible for restoring any special surface
Public Utilities,
improvements, other than asphalt paving, within any right -of-
Water Engineering
way, 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. Provisions for maintenance of
all said special surface improvements shall be included in the
recorded Master CC&Rs for the project and the City easement
deeds.
23
The following minimum horizontal clearances shall be
Public Utilities,
maintained between proposed water main and other facilities:
Water Engineering
• 10 -feet minimum separation (outside wall -to -outside
wall) from sanitary sewer mains and laterals
PC2023-005
PC2023-005
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
• 5 -feet minimum separation from all other utilities,
including storm drains, gas, and electric
• 6 -feet minimum separation from curb face
• 10 -feet minimum separation from structures, footings,
and trees.
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, power poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and
all other utilities (e.g., storm drain, gas, electric, etc.) or
above ground facilities.
24
No public water mains or laterals allowed under parking stalls
Public Utilities,
or parking lots.
Water Engineering
25
Ongoing during project operations, loading and unloading of
Planning and Building
vehicles shall be performed on-site. Delivery vehicles
Department,
shall not block any part of the public right of way or interior
Planning Services Division
drive aisles.
26
Ongoing during project operations, all vehicles associated with
Planning and Building
the automotive -vehicle sales facility shall be parked on-site and
Department,
be prohibited from parking on public and private streets in the
Planning Services Division
vicinity. Should vehicles associated with the facility be found
parked on public streets, the property owner/developer may be
required to meet with the City of Anaheim to discuss corrective
measures.
27
The business shall be operated in accordance with the Letter of
Planning and Building
Request and Operation submitted as part of this application.
Department,
Any changes to the business operation as described in these
Planning Services Division
documents shall be subject to review and approval by the
Planning Director to determine substantial conformance with
these documents, to determine that adequate parking shall
continue to be provided for onsite uses, and to ensure
compatibility with the surrounding uses.
28
All new landscaping shall be installed by the owner/developer
Planning and Building
in conformance with Chapter 18.46 "Landscape and Screening"
Department,
of the Anaheim Municipal Code and shall be maintained in
Planning Services Division
perpetuity. Landsca in shall be replaced by the applicant in a
PC2023-005
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
29
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"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 without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
30
The premises shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning
Planning Services Division
Department, and as conditioned herein.
31
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
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.
32
In order to prevent vehicles from queuing outside of the service
Planning and Building
bay entry, the business owner/operator shall ensure that the
Department,
Tesla touchless service intake system is used for vehicles
Planning Services Division
dropped off for service. The business owner/operator shall
ensure that the customers use the parking structure to park their
vehicles within a pre -determined designated area where the
Tesla attendant can access the vehicle for service.
33
The business owner/operator shall ensure that the vehicle wash
Planning and Building
bay shall be limited to the preparation of customer vehicle
Department,
delivery only. The business owner/operator shall not offer other
Planning Services Division
vehicle wash services.
34
The business owner/operator shall ensure that all large truck
Planning and Building
hauler deliveries are limited to the hours after the dealership and
Department,
service areas are closed. Additionally, the business
Planning Services Division
owner/operator shall ensure that the truck haulers only load and
off-load vehicles within the drive aisles to the north of the
parking structure or west of the dealership building.
PC2023-005
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, 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 27, 2023, by the following vote of the
members thereof:
AYES: Vice Chairperson Henninger, Commissioners Castro, Lieberman, Mouawad, Perez
and Walker
NOES: None
ABSTAIN: None
ABSENT: Chairperson Kring
IN WITNESS WHEREOF, I have hereunto set my hand this 27' day of February 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-005