Resolution-PC 2013-083RESOLUTION NO. PC2013 -083
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2013-05701
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00101)
(5630 -5640 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05701 to
permit an attended donation facility (the "Proposed Project ") in an existing commercial center on
a portion of that certain real property located at 5630 -5640 East La Palma Avenue in the City of
Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein
by this reference (the 'Property "); and
WHEREAS, the Property, consisting of several commercial parcels measuring
2.6- acres, is developed with a 64,250 square foot commercial office building located in the
SP94 -1, DA5 (Specific Plan 94 -1, Development Area 5) Scenic Corridor (SC) zone. The
Property is designated for General Commercial land uses in the City of Anaheim General Plan;
and
WHEREAS, the Proposed Project is a use that is not authorized or mentioned in
any zone throughout the City. However, subsection .020.0201 of Section 18.66.040 of the
Anaheim Municipal Code (the "Code ") authorizes such a use or type of development to be
authorized by conditional use permit provided that the Planning Director has first determined
that the use does not fit into an existing use class; and
WHEREAS, pursuant to subsection .020.0201 of Section 18.66.040 of the Code,
the Planning Director has heretofore determined that the Proposed Project does not fit into an
existing use class and has, therefore, referred the Proposed Project to the Planning Commission
for consideration by conditional use permit; and
WHEREAS, on December 2, 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 (Class 3 - New Construction or Conversion of Small Structures), the
Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
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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 Development Area 5 of the Northeast Area Specific Plan Area (Specific Plan No. 94-
1) is properly one for which a conditional use permit is authorized under subsection .020.0201 of
Section 18.66.040 (Unlisted Uses) of the Code; and
2. The Proposed Project 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 Proposed
Project is consistent and compatible with existing commercial center activities. In addition, the
area around the Proposed Project will be regularly 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 Proposed Project in a manner not detrimental to the particular area or to the
health and safety because the Proposed Project would be located to the rear of an existing
commercial center and will not interfere with on -site parking and vehicular circulation; and
4. The traffic generated by the Proposed Project 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 area and would not pose
a health or safety risk to the citizens of the City of Anaheim or the adjoining City.
NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does
hereby approve Conditional Use Permit No. 2013 - 05701, 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 for the Proposed
Project 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.
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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 Project 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 2, 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.
J &&
CHAIR, ANAHEIM CITY P NNING COMMISSION
ATTEST:
SECRETARY, 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 December 2, 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 2 nd day of December, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013-00101
1 APN: 346- 451 -11
E LA PALMA AVE
64'
F- i"
m rn
120' 67'
J
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CL
Z
259'
Q oo 511 ioo Source: Recorded Tract Maps and /or City GIS.
Fee. Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05701
(DEV2013- 00101)
NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
GENERAL
1
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning
any and all claims, actions or proceedings brought against
Services
Indemnitees to attack, review, set aside, void, or annul the
Division
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
The attended donation facility shall be operated in accordance
Planning
with the Operational Plan/Parking Demand letter submitted as part
Department,
of this application. Any changes to operations shall be subject to
Planning
prior review and approval by the Planning Director to ensure
Services
continued compatibility with surrounding uses.
Division
3
A sign shall placed on the trailer in a prominent location denoting
Planning
the hours of operation and stating that donated goods may be
Department,
dropped off only when an attendant is present. The sign shall also
Planning
provide a contact telephone number to a responsible party. The
Services
sign must be present on the trailer at all times when located on the
Division
property.
4
No temporary or portable signs directed towards traffic on the
Planning
adjacent public rights of way shall be placed on the property.
Department,
Planning
Services
Division
5
Any graffiti painted or marked upon the premises or on any
Planning
adjacent area under the control of the property owner shall be
Department,
removed or painted over within 24 hours of being applied.
Code
Enforcement
Division
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NO.
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
6
No required parking area shall be fenced or otherwise enclosed for
Planning
outdoor storage.
Department,
Code
Enforcement
Division
7
The applicant shall be responsible for maintaining the area
Planning
surrounding the donation facility through regular maintenance and
Department,
removal of trash or debris. The area surrounding the donation
Planning
facility shall be kept in a clean and orderly condition at all times.
Services
All donated goods shall be placed inside the trailer immediately
Division
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.
8
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of
Planning
building permits for this project, whichever occurs first. Failure
Services
to pay all charges shall result in delays in the issuance of required
Division
permits or may result in the revocation of the approval of this
application.
9
The property shall be developed substantially in accordance with
Planning
plans and specifications submitted to the City of Anaheim by the
Department,
applicant and which plans are on file with the Planning Division
Planning
marked Exhibit No. 1 (Site Plan), and as conditioned herein.
Services
Division
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