Attachment 1 - Conditional Use Permit Resolution ATTACHMENT NO. 1
RESOLUTION NO. PC2023-XXX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM DENYING A CONDITIONAL USE PERMIT TO
ALLOW THE STORAGE OF OVERSIZED VEHICLES AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2023-00002)
(710 - 818 EAST KATELLA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for a Conditional Use Permit to operate an Outdoor
Storage Yard for Oversized Vehicles and Trailers (the “Proposed Project”), on certain real property
located at 710 and 818 East Katella Avenue 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 "Propert y"); and
WHEREAS, the Property is approximately 2.21 acres in area and is developed with a
two-story building and associated parking. The Land Use Element of the General Plan designates
this property for Office-High land uses. The property is located in the “I” Industrial Zone and is
within the Platinum Triangle Mixed Use (PTMU) Overlay Zone. The development standards and
regulations of Chapter 18.10 (Industrial) and Section 18.20.090 (Structural Setbacks) of Chapter
18.20 (Platinum Triangle Mixed Use (PTMU) Overlay Zone) of the Anaheim Municipal Code (the
“Code”) apply to the Proposed Project; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on July 17, 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 proposed Conditional Use Permit and
to investigate and make findings and recommendation in connection therewith; 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. Outdoor Storage Yards are an allowable use within the Industrial zone under
subsection .100 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) and subsection
.150 of Section 18.38.200 (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of
the Code, subject to a conditional use permit designed to meet development standards and
supplemental requirements such as structural setbacks, landscaping setbacks, and screening from
view. The Proposed Project includes a request for a variance to permit lesser structural and
landscape setbacks than required by Code and to allow partial screening of vehicles where
complete screening of vehicles is required. Therefore, the Proposed Project does not meet the
requirements of the Code and the Platinum Triangle Mixed Use (PTMU) Overlay Zone.
- 2 - PC2023-***
2. The Proposed Project would adversely affect the adjoining land uses and the growth
and development of the area because the Proposed Project provides a zero-landscape setback at
the ultimate right-of-way, where the minimum landscape setback along Katella Avenue and Lewis
Street is 18 feet and 20 feet respectively. The landscape setback requirements are included in the
Platinum Triangle Mixed Use (PTMU) Overlay Zone, which provides specific development
standards in the Public Realm Landscape and Identity Program chapter of the Platinum Triangle
Master Land Use Plan (“PTMLUP”) that require additional green space between the ultimate right-
of-way and a proposed building or structure. Although the Proposed Project includes landscaping
within the existing right-of-way and the ultimate right-of-way, once the right-of-way is improved
at ultimate, the project site will not have the required landscaping to soften the concrete masonry
wall. As a result, there would be an eight-foot masonry wall against the sidewalk making this
project site inconsistent with the adjacent uses in the area. In addition and based on the distance of
the parked trailers to the proposed wall, the trailers would be visible from the Code required
distance in the public right-of-way. The proposed improvements to the Property are inconsistent
with the required on-site improvements in the Industrial zone and do not provide the required
screening of vehicles from the public right-of-way.
3. Only if the Code-required landscape and structural setbacks, and the landscape
setbacks of the Platinum Triangle Mixed Use Master Land Use Plan are met is the size and shape
of the project site adequate to allow the full operation of the Proposed Project in a manner not
detrimental to either the particular area nor to the health and safety of the public and accommodate
the required parking, vehicle access, and circulation without creating detrimental effects on
adjacent properties.
4. The granting of the conditional use permit would be detrimental to the health and
safety of the citizens of the City of Anaheim because the Proposed Project would not be compatible
with the requirements of Chapter 18.10 (Industrial Zones) and subsection .150 of Section
18.38.200 (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of the Code. The
landscape setbacks range from 18 to 20 feet depending on the street frontage. These setbacks were
intended to enhance this dynamic mix of uses and provide cohesion through innovative design
standards and a carefully planned network of pedestrian walkways, streetscape improvements, and
recreation spaces. The proposed landscape and structural setbacks for the project are inconsistent
with the required landscape setbacks in the PTMLUP; 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 deny the Conditional Use Permit to operate an Outdoor Storage
Yard for Oversized Vehicles and Trailers.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 17, 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 ANAHEIM
PC2023-***
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 July 17, 2023, by the following vote of the members
thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of July 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM