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Staff Report 200 S. Anaheim Blvd. Suite 162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: JULY 31, 2023 SUBJECT: DEVELOPMENT APPLICATION NO. 2023-00002 LOCATION: 710 and 818 East Katella Avenue APPLICANT/PROPERTY OWNER: The agent is Phillip Schwartze representing the applicant Freeman Expositions, LLC. The owner is CREF3 Katella Owner, LLC. REQUEST: The applicant requests approval of a conditional use permit (CUP) to operate an Outdoor Storage Yard for Oversized Vehicles and Trailers. The applicant also requests variances to permit lesser structural and landscape setbacks than required by the Zoning Code (0 feet proposed; 18 and 20 feet required), and to allow partial screening of vehicles where complete screening of vehicles is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that a Common Sense Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections 15061 (b)(3) 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 approving Development Application No. 2023-00002. BACKGROUND: The subject property is 2.21 acres and is developed with a two-story building previously used as a sex-oriented business. The property is in the “I” Industrial Zone and is designated for Office-High land uses in the General Plan. The property is also located within the Platinum Triangle Mixed Use (PTMU) Overlay Zone. The surrounding uses include office uses to the north across Katella Avenue, commercial uses to the east across Lewis Street, industrial uses to the south, and a railway spur to the west. This item was continued from the Planning Commission meeting of July 17, 2023 . At this meeting the Planning Commission approved a continuance to allow time for staff to prepare resolutions of approval for the conditional use permit and the two variance requests based on public testimony and Planning Commission deliberations at that time. PROPOSAL: The applicant proposes to use the property to store trucks and trailers outdoors to support events at convention centers and hotels. The site would be used for dropping off or picking up trailers through a motorized gate on Lewis Street. A pedestrian access gate would also be provided on Lewis Street. The site is designed to accommodate a total of 48 trailer parking stalls and would provide four automobile parking stalls. The applicant proposes an eight-foot, split-face, concrete masonry unit (CMU) wall along Katella Avenue and Lewis Street. The western and southern property lines would have Development Application No. 2023-00002 July 31, 2023 Page 2 of 5 chain link fencing with PVC slats. The vehicle access gates would be eight feet high and constructed with tubular steel with faux vines to assist with screening. The existing two- story building would be demolished. New paving is proposed throughout the property with new striping. Apart from the new trash enclosure and CMU wall, no other structures are proposed as part of the project. The trucks would enter the site by traveling northbound on Lewis Street and exit the site using the Katella Avenue gate. PROPOSED SITE PLAN The applicant also requests variances to 1) allow structural and landscape setbacks less than required by the Zoning Code (“Code”); and, 2) allow partial screening of vehicles where complete screening is required. Subsequent to the Planning Commission on July 17, 2023, the applicant has worked with staff and agreed to a two-phased approach to the project. The two phases are reflected in two separate site plans. The Phase 1 Site Plan includes the required dedications and the variance requests for the location of the block wall and screening. The Phase 2 Site Plan demonstrates the relocation the block wall to the required structural setback and the installation of landscaping once the improvements are completed on Katella Avenue and/or Lewis Street. As discussed below, the applicant has agreed to a condition to install the Phase 2 improvements following street widening. Development Application No. 2023-00002 July 31, 2023 Page 3 of 5 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; 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. Proposed Use: Outdoor Storage Yards for Oversized Vehicles and Trailers require approval of a CUP in the Industrial (I) zone to ensure compatibility with surrounding uses, and to ensure that the use would not be detrimental to the general health and safety of the community. Traffic/Circulation: The application was reviewed by the City’s Traffic Engineering Section. It was determined that the project site can accommodate the required parking, vehicle access, and circulation without creating detrimental effects on adjacent properties. The traffic generated by the proposed project would not impose an undue burden upon the streets and highways, as they are designed and improved to carry the anticipated traffic generated by the proposed project. The site will not exceed the anticipated volumes of traffic or daily trips, as the City Public Works Department has confirmed the findings through the review of a project-specific Trip Generation Memo and Vehicle Miles Traveled Screening Evaluation. Compatibility: Conditions of approval are included in the resolution to ensure that the outdoor storage use will be properly maintained on-site, and that the operation does not become a nuisance to the area and neighboring industrial uses. The size of the property, with the Phase 1 (immediate) and Phase 2 (following street widening) improvements, is adequate to allow the full operation of the proposed project in a manner not detrimental to either the particular area or to the health and safety of the public. Granting the conditional use permit, with the Phase 1 and Phase 2 improvements as revised, would not be detrimental to the health and safety of the citizens of the City of Anaheim. Variance: Before the Planning Commission may approve a variance, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: Development Application No. 2023-00002 July 31, 2023 Page 4 of 5 1) That there are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2) That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Although over 2 acres in size, the Property is irregularly L-shaped and subject to dedications for the ultimate right of way of 12 feet and 27 feet of Katella Avenue and Lewis Street, respectively, which limits the development of the site as currently configured. Because of the special circumstances identified above, strict application of the Code would deprive the property of privileges enjoyed by other properties under identical zoning classification in the vicinity in so much as the timing of any street widening is unknown. Additionally, there are properties in the general vicinity of the project site under identical zoning classification where encroachments into the structural and landscape setbacks have been approved. Approval of the variance to place the wall at the ultimate right-of-way would allow the property to be temporarily developed with an interim use until a long-term use is proposed that is consistent with the vision of the Platinum Triangle. Conditions of approval are included in the conditional use permit resolution requiring that within six months of the completion of right-of-way improvements on Katella Avenue and/or Lewis Street, the property owner shall develop the property on such street frontages where the improvements have been constructed, in accordance with the Phase 2 Site Plan. Approval of the variance for partial screening is relevant to the eight (8) trailers locations adjacent to the screen wall on Katella. The Code requires that any vehicular storage visible from a public right-of-way shall be screened from view by a solid masonry wall, planted with vines to prevent graffiti, or a landscaped earthen berm, or any combination thereof, totaling not less than eight feet in height. Approximately the top four feet of trailers parked along Katella would be visible from as viewed from the north side of the street. A mixture of Date Palms and Brisbane Box are proposed in front of the eight-foot screen wall to aide in screening. Public Comments: On July 7, 2023, staff received an email from a business located in the immediate vicinity of the project site. The business objected to the proposed lack of landscape in the setback. This email is included as Attachment 4. Environmental Impact Analysis: The Planning Commission recommends that the effects of the proposed project are Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3) – Common Sense Exemption. This exemption is appropriate where it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. The proposed project includes the construction and operation of a surface-level trailer parking facility including minor grading, paving, fencing, drainage, lighting, striping, and driveway expansion in compliance with existing regulatory requirements. The proposed project also includes the demolition of the existing building. The proposed project scope is consistent with a project that Development Application No. 2023-00002 July 31, 2023 Page 5 of 5 has been determined to not have a significant effect on the environment and therefore exempt from CEQA pursuant to Section 15303 – New Construction of Conversion of Small Structures (Class 3). However, because the property had a cleanup and abatement order from the Regional Water Quality Control board, it is not eligible to utilize the Class 3 exemption even though the case was closed in 1998 and a No Further Action Letter issued. A Phase 1 Environmental Site Assessment was conducted in February 2023 and found no reportable contamination in the soil or groundwater. The Phase 1 recommended that future earthwork be conducted pursuant to a soil management plan, consistent with standard regulations, in the event currently unknown but residual petroleum impact is encountered. A Soil Management Plan dated April 14, 2023 was submitted as part of the proposed project consistent with the Phase 1. Additionally, a Historic Site Assessment was conducted to evaluate the potential historic significance of the structure on site, constructed in 1965 and proposed to be demolished. Although older than 45 years, the property was not found eligible under state or local designation criteria. Therefore, the Common Sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment is applicable to the proposed project. CONCLUSION: The outdoor storage of oversized vehicles would be compatible with the existing industrial uses in the surrounding area. The project is designed and conditioned to ensure that the storage of the oversized trailers would not impact surrounding properties. Prepared by, Submitted by, Ivan Orozco Scott Koehm, AICP Associate Planner Principal Planner Attachments: 1. Conditional Use Permit and Variance Resolution 2. Letter of Request and Operation 3. Project Plans 4. Public Comments Received 5. Aerial and Vicinity Maps