Resolution-PC 2013-090RESOLUTION NO. PC2013 -090
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05710 AND
VARIANCE NO. 2013 -04947 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013- 00102)
(605 -611 EAST CERRITOS AVENUE AND 1455 SOUTH ALLEC STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to
as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No.
2013 -05710 and Variance No. 2013 -04947 to permit an outdoor storage area with fewer parking
spaces than required by Code (herein referred to as the "Proposed Project ") for certain real
property located at 605 -611 East Cerritos Avenue and 1455 South Allec Street in the City of
Anaheim, County of Orange, State of California, 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 approximately 7.33 acres, is developed with a
warehouse and distribution center. The Anaheim General Plan designates the Property for
Industrial land uses. The Property is located within the Industrial (I) Zone. As such, the
Property is subject to the zoning and development standards described in Chapter 18.10 of the
Anaheim Municipal Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on December 16, 2013 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 Chapter 18.60 of the
Code, to hear and consider evidence for and against said proposed Conditional Use Permit No.
2013 -05710 and Variance No. 2013 -04947 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 categorically exempt from the
requirement for the preparation of environmental documents under CEQA pursuant to Section
15301 (Class 1 — Existing Facilities) of Title 14 of the California Code of Regulations, involving
the permitting of an outdoor storage area with fewer parking spaces than required by Code; 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 to permit the Proposed Project on the Property does find
and determine the following facts:
1. The request to permit an outdoor storage area with fewer parking spaces than required
by Code in the Industrial (1) Zone is properly one for which a conditional use permit is
authorized by Section 18.10.030 (Conditionally Permitted Uses) of the Code.
- 1 - PC2013 -090
2. The request to permit an outdoor storage area with fewer parking spaces than required
by Code would not adversely affect the surrounding land uses and the growth and development
of the area in which it is proposed to be located because the property is currently developed with
a warehouse and the proposed use is an appropriate accessory use with the warehouse; and
3. 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 is currently improved with a warehouse and
there is no proposed expansion; and
4. The traffic generated would not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because the number of vehicles
entering and exiting the site are consistent with the existing industrial use site and the permitted
businesses within the warehouse; 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 because the subject
site is developed with a warehouse which allows wholesale businesses and the proposed outdoor
storage area will be compatible with the surrounding uses.
WHEREAS, the Planning Commission does further find and determine that the
request for a variance to permit less parking than required by Code in conjunction with outdoor
storage area should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(217 spaces required; 137 spaces proposed)
1. That the parking variance, under the conditions imposed, will not cause fewer off -
street parking spaces to be provided for the Proposed Project 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 site has ample parking spaces to
accommodate all of the uses on the site. The parking letter for the Proposed Project indicates
that a maximum demand of 50 parking spaces is currently needed for the entire site. The site
will provide a total of 137 spaces, therefore, ample parking will be provided for the site; and
2. That the parking 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 Project because the on -site parking on the property will adequately accommodate
the parking demands of the proposed Proposed Project; and
3. That the parking 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 Project because the on -site parking on the property will adequately
accommodate parking demands of all uses on the site. The site will generate a parking demand
of 50 parking spaces and 137 parking spaces will be provided; and
-2- PC2013 -090
4. That the parking variance, under the conditions imposed, will not increase traffic
congestion within the off - street parking areas or lots provided for the Proposed Project 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 parking 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 Project 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 center;
and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2013 -05710 and Variance No. 2013 - 04947, contingent
upon and 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(s), (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 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 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.
-3 - PC2013 -090
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of December 16, 2013. 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.
w . " 1 0::4
CHAIR, ANAHEIM CITY PLANNIN COMMISSION
ATTEST:
1
i'
SENIOR S'f�CRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 December 16, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of December, 2013.
r
SENIOR :WCRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2013 -090
EXHIBIT "A"
DEV NO. 2013 -00102
-5- PC2013 -090
oo Source: Recorded Tract Maps and /or City GIS.
Fee[ Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013-05710
VARIANCE NO. 2013-04947
(DEV2013- 00102)
-6- PC2013 -090
REVIEW
SIGNED
NO.
CONDITIONS OF APPROVAL
BY
OFF BY
GENERAL
1
Granting of the variance shall be contingent upon operation of this facility in
Planning
conformance with the assumptions and/or conclusions relating to the
Department,
operation and intensity of this use as described in the parking letter prepared
Code
by the applicant. Exceeding, violating, intensifying or otherwise deviating
Enforcement
from any of said assumptions and/or conclusions, as contained in the letter,
Division
may subject this permit to termination pursuant to the provisions of Chapter
18.60 - Procedures of the Anaheim Municipal Code.
2
Portions of the property under control of the tenant shall be permanently
Planning
maintained in an orderly fashion through the provision of regular
Department,
landscaping maintenance, removal of trash or debris, and removal of
Code
graffiti within twenty four (24) hours from time of occurrence.
Enforcement
Division
3
The subject Property shall be developed substantially in accordance with
Planning
plans and specifications submitted to the City of Anaheim by the petitioner
Department,
and which plans are on file with the Planning Department, and as
Planning
conditioned herein. The proposed landscaping and irrigation shall be
Services
installed within 45 days of the approval of this permit.
Division
4
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning
officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees ") from any and all claims,
Planning
actions or proceedings brought against Indemnitees to attack, review, set
Services
aside, void, or annul the decision of the Indemnitees concerning this
Division
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.
5
The applicant is responsible for paying all charges related to the processing
Planning
of this discretionary case application within 30 days of the issuance of the
Department,
final invoice or prior to the issuance of building permits for this project,
Planning
whichever occurs first. Failure to pay all charges shall result in delays in the
Services
issuance of required permits or may result in the revocation of the approval
Division
of this application.
-6- PC2013 -090