Resolution-PC 2011-086RESOLUTION NO. PC2011 -086
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05582
AND VARIANCE NO. 2011-04877
(DEV20 1 1- 00043)
(1300 -1340 SOUTH LEWIS STREET)
WHEREAS, the Planning Commission did receive a verified Petition to approve
Conditional Use Permit No. 2011 -05582 and Variance No. 2011 -04877 to permit automobile
sales and an outdoor storage yard in conjunction with an existing adult rehabilitation facility with
fewer parking spaces than required by Code; and
WHEREAS, this 14.22 -acre property is developed with a 90,000 square foot
warehouse, 45,000 square foot men's rehabilitation facility and 16,000 square foot women's
rehabilitation facility. The property is located in the I (Industrial) zone and the Anaheim General
Plan designates the property for Industrial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 21, 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 said proposed
conditional use permit to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said 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 automobile sales and an outdoor
storage yard in conjunction with an existing adult rehabilitation facility with fewer parking
spaces than required by Code should be approved for the following reasons:
1. The proposed request to permit automobile sales and an outdoor storage yard in
conjunction with an existing adult rehabilitation facility in the Industrial (I) zone is properly one
for which a conditional use permit is authorized by Anaheim Municipal Code Section
18.10.030.010 (Automotive —Car Sales & Rental, Outdoor Storage Yards).
2. The proposed the conditional use permit to permit automobile sales and an
outdoor storage yard in conjunction with an existing adult rehabilitation facility, as conditioned
herein, would not adversely affect the adjoining land uses and the growth and development of the
area in which it is proposed to be located because the building is surrounded by and integrated
with similar buildings and uses.
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3. The size and shape of the site for the use is adequate to allow the full development
of the proposed automobile sales and an outdoor storage yard in conjunction with an existing
adult rehabilitation facility in a manner not detrimental to the particular area or to the health and
safety because the proposed automobile sales will be located within an existing industrial
building and the outdoor storage yard is surrounded by railroad right -of -way and compatible
industrial uses.
4. The traffic generated by the proposed automobile sales and outdoor storage yard
in conjunction with an existing adult rehabilitation facility 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 these uses is consistent with the uses designated for this area.
5. The granting of the conditional use permit and the variance under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed automobile sales and outdoor storage yard will be compatible with the surrounding
area because the use is integrated with other uses on the property and is not a health or safety risk
to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code for automobile sales and an
outdoor storage yard in conjunction with an existing adult rehabilitation facility should be
approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(289 spaces required; 139 spaces proposed).
1. The requested variance is hereby approved based upon the findings and
conclusions contained in a parking demand study prepared by Linscott Law and Greenspan dated
March 31, 2011, and based upon the findings in the parking study also prepared by Linscott Law
and Greenspan dated December 12, 1997 for Conditional Use Permit No. 3991 used to determine
the number of parking spaces necessary for the addition of the women's rehabilitation facility.
The 2011 parking study concludes that the existing number of parking spaces was sufficient as
68 spaces would be needed for the rehabilitation facility and automobile sales, with 139 spaces
provided on the property.
2. The variance will not increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the proposed use because sufficient parking
is provided onsite.
3. The variance will not increase the demand and competition for parking spaces
upon adjacent private property in the immediate vicinity of the proposed use because sufficient
parking is provided.
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4. The variance will not increase traffic congestion within the off - street parking
areas or lots provided for the proposed use because all parking will be contained on the subject
property.
5. The variance 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 does not propose new ingress or egress points and is designed to allow adequate on -site
circulation.
WHEREAS, 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.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission does hereby approve Conditional Use Permit No. 2011 - 05582 and Variance No.
2011 -04877 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.
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 (s), (ii) the modification complies with the Anaheim
Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
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 1 8.60.200 (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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of November 21, 2011.
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CHAIRMAN, ANAHEIM CITY NING COMMISSION
I, Eleanor Morris, 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 November 21, 2011, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN,
PERSAUD, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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10
EXHIBIT IT "A"
EV NO. 2011 -00043
APN 082-160-'1'1
082-150-12
n sn loo I
Feet
14'
435'
L
Source: Recorded Tract Maps and /or City GIS.
Please note the accuracy is +1- two to five feet.
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PC2011 -086
NO.
CONDITIONS OF APPROVAL
REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
Within 90 days from the date of approval of this Conditional
Use Permit, any portion of the property used for outdoor
storage must be surfaced and improved per applicable Code
requirements.
Planning
Department,
Planning
Services
2
The property shall be limited to 100 vehicles for sale at any
time.
Planning
Department,
Planning
Services
All vehicles for sale shall be screened from view from the
north parking lot on Lewis Street and from the public right-
of -way.
Planning
Department,
Planning
Services
4
The permitted event or activity shall not create sound levels
which violate any ordinance of the City of Anaheim.
Planning
Department,
Code
Enforcement
Division
5
The applicant shall be responsible for maintaining the area
adjacent to the premises over which they have control, in an
orderly fashion through the provision of regular maintenance
and removal of trash or debris. Any graffiti painted or
marked upon the premises or on any adjacent area under the
control of the licensee shall be removed or painted over
within 24 -hours of being applied.
Planning
Department,
Code
Enforcement
Division
6
Granting of the parking variance is contingent upon operation
of this facility in conformance with the assumptions described
in the staff report prepared for this item and the "Detailed List
of Uses" letter submitted by the applicant dated September 1,
2011. Any change to the business's fundamental operation
shall be subject to the review and approval of Planning
EXHIBIT `B"
CONDITIONAL USE PERMIT NO. 2011-05582
AND VARIANCE NO. 2011-04877
(DEV2011- 00043)
6
PC2011 -086
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Department staff and may necessitate an amendment to this
permit as authorized under Chapter 18.60 (Procedures) of the
Anaheim Municipal Code.
7
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).
Planning
Department,
Planning
Services
Division
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