Resolution-PC 2011-081RESOLUTION NO. PC2011 -081
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS
THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2011 -05576
AND VARIANCE NO. 2011 -04871
(DEV2011- 00112)
(1095 NORTH PULLMAN STREET — HOME DEPOT)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2011 -05576 and Variance No. 2011-04871 to permit
truck, trailer, and large equipment storage and rentals in conjunction with an existing Home
Depot store with fewer parking spaces than required by code for that certain real property located
at 800 North Brookhurst Street in the City of Anaheim, County of Orange, State of California, as
more particularly shown on Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, the subject property is developed with a 206,580 square foot home
improvement store. The property is located in the C -G (SC) (General Commercial; Scenic
Corridor Overlay) zone and the Anaheim General Plan designates the property for General
Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 24, 2011, 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
the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against
the proposed amendment to said conditional use permit and variance and to investigate and
make findings and recommendations in connection therewith; 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. That the establishment of truck and equipment rentals is properly one for which a
conditional use permit is authorized in the C -G zone under Anaheim Municipal Code Section
18.08.030.010 (Automotive — Car Sales and Rental and Equipment Rental - Large).
2. That the proposed truck and equipment rentals are an appropriate accessory use
for a home improvement store and would not adversely affect the adjoining commercial or
industrial land uses in the vicinity.
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3. That the size and shape of the site is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the property will provide an ample amount of parking
spaces to support all of the existing and proposed uses.
4. That the traffic generated by the proposed uses 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 this use will not exceed the volume of traffic planned for the
streets and highways in the area.
5. The granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed
land use will be compatible with the surrounding area because the use is integrated with other
commercial and industrial uses in the vicinity.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code in connection with the
proposed truck storage and rentals in conjunction with an existing Home Depot store, should be
approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(1,027 spaces required; 849 proposed).
1. The requested variance is hereby approved based upon the conclusions contained
in a parking study that was prepared by Kimley -Horn and Associates, Inc. dated April, 2010, to
address the parking deficiency. The study concludes that the overall parking demand for the
home improvement store is 597 spaces. Since 849 spaces are provided, (including the loss of 28
spaces for the truck and equipment storage) there will be a surplus of 252 parking spaces on the
property. Therefore, the business will provide an ample amount of parking spaces to support all
of the proposed uses on the property; and
2. The variance, under the conditions imposed, will not cause fewer off - street
parking spaces to be provided for the proposed use than the number of spaces necessary to
accommodate all vehicles attributable to the proposed uses because 849 parking spaces will be
sufficient to accommodate all of the proposed businesses on both properties; and
3. The variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed
use because the overall peak parking demand will be served by the proposed parking supply on
the subject property; and
4. The variance, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use because the traffic generated by
this use will not exceed the volume of traffic planned for the streets and highways in the area;
and
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5. The variance, under the conditions imposed, will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project is designed such that all circulation and vehicle parking to
accommodate the anticipated demand would be provided on the subject site.
NOW THEREFORE BE IT RESOLVED that the proposed project falls within
the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined
in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare
additional environmental documentation.
BE IT FURTHER RESOLVED that the Planning Commission, for the reasons
hereinabove stated does hereby approve Conditional Use Permit No. 2011 -05576 and Variance
No. 2011 -04871 (DEV2011- 00112) to permit truck, trailer, and equipment storage and rentals in
conjunction with an existing Home Depot store with fewer parking spaces than required by code
and subject to the conditions of approval described in Exhibit "B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject 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 Anaheim Municipal Code.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
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 Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal
Zoning 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
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THE FOREGOING RESOLUTION was ado : d at the Planning Commission
meeting of October 24, 2011.
A'1 "1 EST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRMAN, ANAHEIM C PLAN IN - MISSION
SENIOR t CRETARY, ANAHEIM ITY PLANNING COMMISSION
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on October 24, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AMENT, AGARWAL, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of October, 2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2011 -00112
-APN: 352 - 221 -01
=, Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
5
PC2011 -081
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
The parking lot shall be equipped with lighting of sufficient
power to illuminate and make easily discernible the
appearance and conduct of all persons on or about the
parking lot, including the truck and equipment storage area.
Police
2
The truck. trailer, and equipment storage shall not occupy
more than twenty eight (28) parking spaces on the subject
property in the areas as shown on Exhibit No. 1.
Planning,
Code
Enforcement
3
Signs, banners, balloons or other advertising devices shall
only be permitted to the extent allowed by Code; however,
such advertising devices shall only be oriented towards the
building and shall not be visible from the adjacent public
streets.
Code
Enforcement
4
The operation of this use is contingent upon the continued
availability of a minimum of 597 parking spaces as
recommended in the parking study prepared by Kimley -Horn
and Associates, Inc. dated April, 2010. Any proposed
modifications to the approved parking arrangement shall be
subject to the review and approval of the Planning
Department.
Planning,
Public
Works
5
The property shall be developed substantially in accordance
with plans and specifications submitted to the City of
Anaheim by the applicant and which plans are on file with
the Planning Department marked Exhibit No. 1 (Site Plan)
and as conditioned herein.
Planning
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2011-05576
AND VARIANCE NO. 2011-04871
(DEV2011- 00112)
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