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Resolution-PC 2013-063OLUTION NO. PC2013 -063 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013-05681 AND VARIANCE NO. 2013 -04942 MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00076) (1618 -1696 WEST KATELLA AVENUE AND 1818 SOUTH EUCLID AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05681 and Variance No. 2013 -04942 to permit an attended donation facility (the "Proposed Project ") in an existing commercial center with fewer parking spaces than required by the Anaheim Municipal Code (herein referred to as the "Code ") on a portion of that certain real property located at 1618 -1696 West Katella Avenue and 1818 South Euclid Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property consisting of several commercial parcels measuring 17.33 -acres is developed with several commercial buildings measuring approximately 221,000 square feet and is located in the C -G (General Commercial) zone. The Property is designated for Commercial Neighborhood Center land uses in the City of Anaheim General Plan; and WHEREAS, on September 9, 2013, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, 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 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is within that class of projects which consists of, in pertinent part, the construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 of Title 14 of the California Code of Regulations, 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 pertaining to the request to permit an attended donation facility, does find and determine the following facts: 1. The proposed conditional use permit request to allow an attended donation facility in the C -G (General Commercial) zone is properly one for which a conditional use permit is authorized under Code Section 18.66.040.020.0201 (Unlisted Uses) of the Anaheim Municipal Code; and 2. The attended donation facility 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 donation facility is separated from adjoining residential land uses by a 127 foot distance and a six - 1 - PC2013 -063 foot high block wall and 20 foot wide alley, operates during daylight hours and is consistent and compatible with existing commercial center activities. In addition, the area around the donation facility will be continually monitored and maintained in order to avoid an accumulation of debris; and 3. The size and shape of the site for the use is adequate to allow the full development of the attended donation facility in a manner not detrimental to the particular area or to the health and safety because the attended donation facility would be located to the rear of an existing commercial center and will not interfere with on -site parking an circulation; and 4. The traffic generated by the attended donation 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 this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and 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 continue to be integrated with the surrounding commercial and residential area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. WHEREAS, the Planning Commission does further find and determine that the request for a variance for less parking than required by Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (1,276 spaces required; 963 spaces proposed) 1. That 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 such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the rear parking area where the donation facility will be located has ample parking spaces to accommodate the proposed use and the existing businesses. The operational plan/parking demand letter for the proposed use indicates that four parking spaces will be required. A parking study prepared in November of 2009 as part of the CVS Pharmacy entitlements on the property, determined the total parking demand for the entire center would to be 690 spaces. The site will provide a total of 963 spaces, therefore, ample parking will be provided for the proposed use and the existing businesses within the commercial center; 2. That 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 on -site parking within the commercial center will adequately accommodate the parking demands of the proposed attended donation facility; 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 use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050 (Non - Residential Uses- Shared Parking Arrangements) because the on -site parking for the attended donation facility will adequately -2- PC2013 -063 accommodate parking demands of all uses on the site. The existing uses and the proposed attended donation facility generate a parking demand of 694 parking spaces and 963 parking spaces will be provided; 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That 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 site has existing 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 attended donation facility. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 -05681 and Variance No. 2013- 04942, subject to the conditions of approval described 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 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 this permit is approved without limitation on 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 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 Zoning Code of the City of Anaheim 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. -3 - PC2013 -063 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 9, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 ( "Zoning Provisions - General ") of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CIT LANNING COMMISSION ATTEST: SECRETARY, ANAHEIM ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 September 9, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 9 1h day of September, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -063 EXHIBIT "A" DEV NO. 2013-00076 APN: 090 - 651 -29 090 - 651 -42 090 - 651 -40 I L 090 - 651 -36 Ln z 090 - 651 -41 Uj 090 - 651 -23 Ln < z Uj 090 - 651 -15 U v 090- 651 -38 U, V) 090 - 651 -33 090 - 651 -26 090 - 651 -17 W KATELLA AVE i 1,231' 1 1 1 " N 1 I 1 O O I 1 C9 I I 1 I i 1 � co I 1 I 1 1269' 1 � i Q W DUDLEY AVE 1 1 Q J Q o J C � Z VS LL J -LL V) W PALMA VISTA ST © o so ioo Source: Recorded Tract Maps and/or City GIS. v Please note the accuracy is +(- two to five feet. -5- PC2013 -063 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05681 AND VARIANCE 2013 -04942 (DEV2013- 00076) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 The Applicant shall defend, indemnify, and hold harmless the Planning Continuous City 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 without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 2 Adequate lighting of the rear parking lot area shall be provided Planning Continuous with lighting of sufficient wattage to provide adequate Department 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 persons, property, and vehicles on -site to be completed prior to installation of the donation trailer. 3 The attended donation facility shall be operated in accordance Planning Continuous with the Operational Plan/Parking Demand letter submitted as part Department of this application. Any changes to operations shall be subject to review and approval by the Planning Director to determine substantial conformance with the Operational Plan/Parking Demand letter and to ensure adequate parking is provided on site. 4 Daily hours of operation shall be limited from 7:30 a.m. to 8:00 Planning Continuous p.m., including site clean -up and trailer drop- off /pick -up. Department 5 A sign shall placed on the trailer in a prominent location denoting Planning Continuous the hours of operation and stating that donated goods may be Department dropped off only when an attendant is present. The sign shall also provide a contact telephone number to a responsible party. The sign must be present on the trailer at all times when located on the property. 6 No temporary or portable signs directed towards traffic on the Planning Continuous adjacent public rights of way shall be placed on the property. Department -6- PC2013 -063 NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY 7 Any graffiti painted or marked upon the premises or on any Code Continuous adjacent area under the control of the property owner shall be Enforcement removed or painted over within 24 hours of being applied. 8 No required parking area shall be fenced or otherwise enclosed for Planning/ Continuous outdoor storage. Code Enforcement 9 The applicant shall be responsible for maintaining the area Planning Continuous surrounding the donation facility through regular maintenance and Department removal of trash or debris. The area surrounding the donation facility shall be kept in a clean and orderly condition at all times. All donated goods shall be placed inside the trailer immediately following the public drop -off and maintained inside the trailer at all times. Removal of all debris or items associated with this use shall occur per the Operational Plan but no later than 24 hours. 10 The property shall be developed substantially in accordance with Planning Continuous plans and specifications submitted to the City of Anaheim by the Department applicant and which plans are on file with the Planning Division marked Exhibit No. 1 and 2 (Site Plans), and as conditioned herein. -7- PC2013 -063