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Item 2 - DEV2023-00007ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: APRIL 10, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2023-00007 LOCATION: 790 North Brookhurst Street APPLICANT/PROPERTY OWNER: The applicant is Mike Easton representing Goodwill Industries of Orange County, and the property owner is Leonid Grinberg, LLC. REQUEST: The applicant requests approval of a conditional use permit to operate a new Goodwill retail store with reconditioned or used merchandise sales in an existing 23,800 square foot commercial building. RECOMMENDATION: Staff recommends that the Planning Commission find and determine that a Class 1 – Existing Facilities Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15301 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387) is the appropriate environmental documentation for this request; and approve the attached resolution approving Development Application No. 2023-00007. BACKGROUND: The subject 3.11 -acre property is developed with an existing 23,800 square foot commercial building formerly occupied by a Staples retail store. The property is in the “C-G” General Commercial Zone within the Brookhurst Commercial Corridor (BCC) Overlay Zone. The General Plan designates the property for General Commercial land uses. The property is surrounded by commercial uses to the north and west, Anaheim Fire Station No. 2 to the south, and industrial uses to the east. PROPOSAL: Goodwill proposes to operate a retail store for new and previously-used goods and clothing under the new “OC Goodwill Boutique” concept and would include clothing, home décor, electronics, books, music, and general wares. It is anticipated that new merchandise would comprise approximately 25% of the store sales. Please see Attachment No. 2 - Statement of Use; and Attachment No. 3 - Project Presentation for additional detail. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net Development Application No. 2023-00007 April 10, 2023 Page 2 of 5 SITE PLAN Ancillary collection of donated goods and clothing (donation drop off) would be located at the rear of the store. The donation area would be staffed by store personnel, and video cameras would surveil the area. Patrons dropping off goods would park in parking spaces at the rear of the store adjacent to the drop off area and would be assisted by store personnel in bringing items to the drop off area where all donated items would be taken into the store’s interior sorting area. No storage Proposed Goodwill Store Drop Off Area Development Application No. 2023-00007 April 10, 2023 Page 3 of 5 or drop off of goods would be permitted outside the store, and drop off bins would be prohibited to deter after hours drop off. The store’s hours of operation would be 9:00 am to 9:00 pm daily. The store would employ approximately twelve full-time and six part- time employees. There would be no expansion of the subject building, and the proposed use would require only interior tenant improvements and minor exterior improvements. FLOOR PLAN FINDINGS AND ANALYSIS: Conditional Use Permit: Before the Planning Commission may approve a conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: 1) That the proposed use is properly one for which a minor conditional use permit or a conditional use permit is authorized by this code; 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located; Development Application No. 2023-00007 April 10, 2023 Page 4 of 5 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety; 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 5) That the granting of the minor conditional use permit or conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. The zoning code permits “reconditioned or used merchandise sales” uses in the Brookhurst Commercial Corridor Overlay Zone subject to approval of a conditional use permit. The proposed request would not adversely affect the adjoining land uses or development of the area as the proposed retail store would replace a Staples retail store that previously occupied the subject building. The size and shape of the property is adequate to accommodate the proposed use. The traffic generated by the proposed use would be similar to the previous use and typical for a commercial shopping center, and would not impose an undue burden on streets and highways in the area and would not create any negative traffic impacts. Drop off of donated merchandise would not create any negative on-site circulation issues as patrons would park in parking spaces adjacent to the drop off area and be assisted by store personnel in bringing items to the sorting area. Conditions of approval are included in the draft resolution to ensure that the retail store use would be properly maintained and operated. The granting of the conditional use permit for the use under the conditions imposed would not be detrimental to the health and safety of the citizens of the City of Anaheim. Parking Requirements: The site is developed with a surface parking lot containing a total of 203 parking stalls. There would be no changes to the parking lot or the number of spaces as a result of the proposed project. The Goodwill retail store requires the same amount of parking as the prior Staples retail store. Therefore, adequate parking would be provided for the proposed use. Environmental Impact Analysis: Staff recommends that the Planning Commission find that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15301, Class 1 (Existing Facilities). The Class 1 exemption consists of the repair, maintenance, and/or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of the use beyond that existing at the time of this determination. The proposed Project is within an existing commercial building and includes interior improvements and minimal exterior improvements to the existing building that would not result in a significant impact on the environment. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be categorically exempt from the provisions of CEQA. Development Application No. 2023-00007 April 10, 2023 Page 5 of 5 CONCLUSION: Staff believes the proposed Goodwill new and used merchandise retail store at the project site would be compatible with the existing commercial and industrial uses in the surrounding area. The proposed use would be consistent with the zoning and General Plan land use designation for the property, and the project is designed and conditioned to ensure that the use would not impact surrounding properties. Based on the analysis included in this report and the findings in the draft resolution, staff recommends that the Planning Commission approve this request. Prepared by, Submitted by, Thomas Gorham Scott Koehm, AICP Contract Planner Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Statement of Use 3. Applicant Project Presentation 4. Project Plans 5. Aerial and Vicinity Maps [DRAFT] ATTACHMENT NO. 1 PC2023-*** RESOLUTION NO. PC2023-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO ALLOW RECONDITIONED OR USED MERCHANDISE SALES AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00007) (790 NORTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a conditional use permit for reconditioned or used merchandise sales in conjunction with a Goodwill retail store (the “Proposed Project”), for that certain real property located at 790 North Brookhurst Street in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 3.11 acres in area and is currently developed with a 23,800 square foot one-story commercial building and a surface parking lot. The property is designated for General Commercial land uses in the General Plan. The property is also located in the “C-G” General Commercial Zone and within the Brookhurst Commercial Corridor (BCC) Overlay Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) and 18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone) of the Zoning Code (the “Code”); and WHEREAS, reconditioned or used merchandise sales uses require a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .020 of Section 18.22.080 (C-G Zone Uses); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 10, 2023, at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project is Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301– Existing Facilities. The Proposed Project is within an existing commercial building and includes interior improvements and minimal exterior improvements to the existing building that would not result in a significant impact on the - 2 - PC2023-*** environment. Pursuant to Section 15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which a significant effect on the environment would be anticipated and, therefore, the proposed project would be 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The Proposed Project is an allowable use within the Brookhurst Commercial Corridor Overlay Zone under subsection .020 of Section 18.22.080 (C-G Zone Uses) of Chapter 18.22 (Brookhurst Commercial Corridor (BCC) Overlay Zone) of the Code, subject to a conditional use permit for reconditioned or used merchandise sales. 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses, or the growth and development of the area because the project would be consistent in with the prior retail use and would operate similarly to the adjacent commercial uses in the area. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the proposed use would occupy an existing building without any expansion, and would accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use 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. 5. The granting of the conditional use permit would not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would be compatible with the commercial uses in the surrounding area, subject to compliance with the conditions contained herein; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein - 3 - PC2023-*** by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which the conditional use permit is applicable 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 any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 10, 2023. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEI PC2023-*** PC2023-*** EXHIBIT “B” Conditional Use Permit (DEV2023-00007) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 Ongoing during project operations, loading and unloading of vehicles shall be performed on-site. Delivery vehicles shall not block any part of the public right of way or interior drive aisles. Planning and Building Department, Planning Services Division 2 All donated merchandise shall be received in the designated drop off area at the rear of the store. The drop off area shall always be attended by a store employee(s) during business hours and all donated items shall be taken into the store’s interior sorting area. At no time shall there be any outdoor storage of merchandise or any drop off boxes/bins. Signage identifying drop off hours shall be placed in a prominent location in the drop off area. Planning and Building Department, Planning Services Division 3 The business shall be operated in accordance with the Letter of Request and Operation submitted as part of this application. Any changes to the business operation as described in these documents shall be subject to review and approval by the Planning Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. Planning and Building Department, Planning Services Division 4 All new landscaping shall be installed by the owner/developer in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced by the applicant in a timely manner if it is removed, damaged, diseased, and/or dead. Planning and Building Department, Planning Services Division 5 The Applicant/Owner shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively 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 Planning and Building Department, Planning Services Division PC2023-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 6 The premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant, which plans are on file with the Planning Department, and as conditioned herein. Planning and Building Department, Planning Services Division 7 The Applicant/Owner is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department, Planning Services Division PC2023-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on April 10, 2023, by the following vote of the members thereof: AYES: NOES: ABSTAIN: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of April 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-*** Easton Pacific Construction Company A Division of E.P.C.C. Inc. 1900 E. Warner Ave., Suite M, Santa Ana, CA 92705 (949) 223-5090 · Fax: (949) 223-5099 · License #713525 Page 1 of 3 PROPOSED GOODWILL ANAHEIM STORE AND DONATION CENTER Date: January 1st 2023 To: The City of Anaheim Project: New Goodwill Store Location 790 N. Brookhurst St. By: Goodwill Industries of Orange County (GIOC) (a California, non profit corporation) Project Contact: Mike Easton, EPCC, Inc. Phone No.: (949) 223-5090 E-mail: measton@eastonpacific.com Conditional Use Permit - Proposal Goodwill Industries of OC has succesfuly operated it’s stores/donation centers in Anaheim since 2008. This store is replacing our recently closed Lincoln Ave store. The proposed store location including the area designated for donation drop off is ideal. The building is stand alone with a generous dedicated parking area surrounding the building. The store will provide a convenient location serving the surrounding community for shopping and donation drop off. Statement of use: The primary use of the subject property is retail sales of new and previously used goods and clothing to the general public. Incorporating fresh stylish décor and product offerings similar to Anthropologie, Urban Outfitters, and Nordstrom Rack concepts. Ancillary collection of donated goods and clothing (donation drop off), this represents Goodwill’s normal and customary retail store operations. Goodwill has a proven successful record of accomplishment at locations in Anaheim and throughout Orange County. GIOC has earned the reputation as a leader in the retail discount store industry. All of our stores and donation areas are kept clean and are professionally operated and maintained. Donation drop off operations Donations will be received at the rear of the store (receiving area). The donation area is attended by full- time trained employees who also police and maintain the areas surrounding our stores. Goodwill stores and donation centers provide a positive impact and improve the overall security and cleanliness surrounding our stores, not to mention a substantial reduction in graffiti/vandalism of our, and the adjacent areas. All stores have video monitoring covering the donation area. No storage or drop-off of goods is permitted outside of the store. All donated items are taken into the store’s interior processing area. Attachment No. 2 Page 2 of 3 Retail Store Information New merchandise comprises approximately 25% of store sales. The store will provide shoppers with a large and varied selection of products including clothing, home décor, electronics, books, music and general wares. Description of Project An upscale complete interior renovation of the existing (former Staples) space will be completed which will significantly improve the appearance and Title 24/ADA accessibility. Goodwill Brookhurst-Anaheim proposed hours of operation and staffing Hours from 9am to 9pm daily. Employment Our stores normally employ twelve full-time employees (mentors and challenged individuals) and six part-time employees, which may vary dependent upon sales volume and seasonal fluctuation. Benefit to the community Goodwill of Orange County has provided thousands of Children and Adults with disabilities and other barriers with the opportunity to achieve their highest levels of personal and economic independence through competitive employment. We will continue to provide community-based employment, support, and services for challenged individuals through the numerous programs offered and funded by the continued operation of this and other GIOC retail stores and donation centers. Goodwill of Orange County Retail Facts • Distinguishing itself from among the 175 autonomous Goodwill organizations throughout North America, Goodwill Industries of Orange County is the premier franchise of the organization, and proud to offer a competitive, high quality shopping experience that suits the expectations and discerning tastes of the Orange County marketplace. • Goodwill Industries of Orange County (GIOC) was established in 1924. • Goodwill stores are destination points for shoppers, serving as effective anchors, attracting customers from the local area. • Primary Demographic - Customers are from middle and upper middle-income households. • Customers are primarily women with families, 25-44 years of age. • Over 3.1 million customers purchase merchandise at Goodwill stores in Orange County annually. • In 2021, Goodwill Industries of Orange County’s retail stores generated over $48 million in revenue. Page 3 of 3 • Goodwill is one of the top ten most recognized retail brands in the world. • Goodwill of Orange County has provided thousands of Children and Adults with disabilities and other barriers with the opportunity to achieve their highest levels of personal and economic independence through competitive employment. WE BELIEVE IN THE POWER OF WORKING TOGETHER Working together is about breaking down silos, both internally and externally, to make the greatest impact. By joining hands with communities, employers, government agencies, fellow nonprofits, business leaders and donors, Goodwill of Orange County will be able to empower, serve and change more lives than ever. Partnerships are a vital component of our mission—helping people who are facing barriers get and keep jobs, which provides purpose, pride, and dignity. We envision a community where there is a job for everyone who wants to work. We believe the power of work changes lives. We know that we cannot do it alone. There is Power in Working Together. We look forward to continuing our partnership with the City of Anaheim Respectfully submitted on behalf of Goodwill Industries of Orange County, Mike Easton, Senior Project Manager New Anaheim Goodwill Retail Store We are excited for the opportunity to open another Goodwill retail store in Anaheim. Goodwill of Orange County has earned the reputation as an upscale leader in the retail discount store industry. Our new store designs incorporate fresh stylish décor with a large and varied selection of products including; clothing, home décor, electronics, books, music and general wares. All of our stores are professionally managed and maintained. Revenue from this store will fund community-based services and programs supporting Challenged Individuals, Comprehensive Veterans Resources (including OC’s only all-in-one Veterans support center), Goodwill programs change lives. Attachment No. 3 Attachment No. 4 W SEQUOIA AVE N VALLEY STN VALLEY STW GRAMERCY AVE N BROOKHURST STW CRESCENT AVE N. BROOKHURST STW. LA PALMA AVE W. C R E S C E N T AVE W. L I N C OLN A VEProject Location: 790 North Brookhurst Street, at the southwest corner of Gramercy Avenue and Valley Street DEV No. 2023-00007 Subject Property APN: 072-060-63 °0 50 100 Feet Aerial Photo: June 2022 Attachment No. 5 C-G (BCC) RETAIL C-G (BCC) RETAIL C-G (BCC) RETAIL I INDUSTRIAL I INDUSTRIAL T (BCC) FIRE STATIONRM-4 (BCC) WATER WELLS C-G (BCC) RETAIL C-G (BCC) RETAIL T (BCC) BROOKHURST JUNIOR HIGH SCHOOL C-G (BCC) SERVICE STATION C-G (BCC) OFFICES C-G (BCC) OFFICES C-G (BCC) OFFICES RM-4 TARA HILL APARTMENTS 368 DU C-G (BCC) OFFICES RM-4 O.C.F.C.D. O.C.F.C.D. RM-4 O.C.F.C.D.N BROOKHURST STW CRESCENT AVEWCRESCENTAVE N VALLEY STW GRA MERCY AVE N VALLEY STE. LA PALMA AVE N. ACACIA STN. EAST STN. LEMON STN. ANAHEIM BLVD91 FWY 91 FWY Pr o j e c t L o c a t i o n : 7 9 0 N o r t h Br o o kh u r st S t r e e t , a t t h e so u t h we s t co r n e r o f G r a m e r c y a n d V a ll e y St r e e t D E V N o . 2 0 2 3 -0 0 0 0 7 Subject Property APN: 072-060-63 °0 50 100 Feet Aeria l Ph oto : Ma y 2 02 1