Resolution-PC 2023-010RESOLUTION NO. PC2023-010
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 BROOK14URST 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
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
- 2 - PC2023-010
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.
CWAIRPFRSON, PLANN COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEI
-3 - PC2023-010
EXHIBIT "Aft
DEV NO. 2023-00007
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PC2023-010
EXHIBIT "B"
Conditional Use Permit
(DEV2023-00007)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
1
Ongoing during project operations, loading and unloading of
Planning and Building
vehicles shall be performed on-site. Delivery vehicles
Department,
shall not block any part of the public right of way or interior
Planning Services Division
drive aisles.
2
All donated merchandise shall be received in the designated
Planning and Building
drop off area at the rear of the store. The drop off area shall
Department,
always be attended by a store employee(s) during business
Planning Services Division
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.
3
The business shall be operated in accordance with the Letter of
Planning and Building
Request and Operation submitted as part of this application.
Department,
Any changes to the business operation as described in these
Planning Services Division
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
com atibili with the surrounding uses.
4
All new landscaping shall be installed by the owner/developer
Planning and Building
in conformance with Chapter 18.46 "Landscape and Screening"
Department,
of the Anaheim Municipal Code and shall be maintained in
Planning Services Division
perpetuity. Landscaping shall be replaced by the applicant in a
timely manner if it is removed, damaged, diseased, and/or dead.
5
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"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
PC2023-010
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
Planning and Building
with plans and specifications submitted to the City of Anaheim
Department,
by the applicant, which plans are on file with the Planning
Planning Services Division
Department, and as conditioned herein.
7
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
issuance of building permits for this project, whichever occurs
fust. 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.
PC2023-010
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: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Lieberman,
Perez, Tran -Martin, and Walker.
12191*3
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 10' day of April 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-010