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Resolution-PC 2023-019 RESOLUTION NO. PC2023-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE STORAGE OF OVERSIZED VEHICLES AND APPROVING A VARIANCE TO PERMIT LESSER STRUCTURAL AND LANDSCAPE SETBACKS THAN REQUIRED BY CODE AND TO ALLOW PARTIAL SCREENING OF VEHICLES WHERE COMPLETE SCREENING IS REQUIRED 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 to approve a Conditional Use Permit to operate an Outdoor Storage Yard for Oversized Vehicles and Trailers (the “Proposed Project”) and to approve a Variance to permit lesser structural and landscape setbacks than required by Code and to allow partial screening of vehicles where complete screening is required, 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 "Property"); and WHEREAS, the Property is approximately 2.21 Acres in area and is currently 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 Used (PTMU) Overlay Zone. The development standards and regulations of Chapter 18.10 (Industrial) of the Anaheim Municipal Code (the “Code”) apply to the Proposed Project as well as the requirements found with the Platinum Triangle Mixed Use Master Land Use Plan; 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 Variance and to investigate and make findings and recommendation in connection therewith. The Planning Commission continued the public hearing to July 31, 2023, at 5:00 p.m.; 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 - 2 - PC2023-019 WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15061 (b)(3) – Common Sense Exemption. The proposed project includes the construction and operation of a surface-level trailer parking facility including paving, fencing, drainage, lighting, striping, and driveway alterations in compliance with existing regulatory requirements. Trip generation from the proposed project is less than the previous commercial business. All grading and excavation activities will be carried out in accordance with the Soil Management Plan dated April 14, 2023. Therefore, the proposed project is covered by the Common Sense exemption that CEQA applies only to projects which have the potenti al for causing a significant effect on the environment; 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 properly one for which a conditional use permit is authorized as 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 for Outdoor Storage Yard uses designed to meet all relevant development standards and supplemental requirements such as structural setbacks, landscaping setbacks, and screening from view. As part of the applicant’s entitlement requests, the Proposed Project includes a Phase 1 Site Plan for which a variance is being requested 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 while also providing for the required right of way dedications along Katella Avenue and Lewis Street. The Proposed Project includes a Phase 2 Site Plan to meet the requirements of the Code and the Platinum Triangle Mixed Use Master Land Use Plan by relocating the screen wall to the required structural setback and installing the required landscaping at such time that improvements are completed on Katella Avenue and/or Lewis Street. 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 use and would operate similarly to the adjacent industrial uses in the are a. The proposed improvements on the Property are consistent with the required on-site improvements in the Industrial zone. 3. The size of the property is 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. 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. 4. 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. Additionally, the site will not exceed the anticipated volumes - 3 - PC2023-019 of traffic or daily trips, as the City Traffic Engineering Department has confirmed the findings through the review of a project-specific Trip Generation Memo and Vehicle Miles Traveled (VMT) Screening Evaluation. 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 industrial uses in the surrounding area, subject to compliance with the conditions contained herein; 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 Variances, does find and determine the following facts: SECTION 18.40.050.010 Platinum Triangle Minimum Setback Requirements Katella Avenue (18 feet required; 0 feet proposed) Lewis Street (20 feet required; 0 feet proposed) SECTION 18.38.200.150.1504.03.010.02 Minimum Height of Screened Wall (8 feet minimum required; 8 feet proposed; however, the vehicles remain visible from the public right-of-way) 1. There are special circumstances applicable to the Property, including size, shape, topography, location, or surroundings, which do not apply to other properties under identical zoning classification in the vicinity. Although over 2 acres in size, the Property is irregularly L-shaped and subject to dedications for 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; and 2. That, because of the special circumstances identified above, strict application of the Code would deprive the property of privileges enjoyed by other property 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; and 3. 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 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 Phase 2 Site Plan. - 4 - PC2023-019 4. 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. 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 DEV2023-00002, contingent upon and subject to the conditions of approval set forth 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 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 c omplete 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. PC2023-019 PC2023-019 EXHIBIT “B” CONDITIONAL USE PERMIT VARIANCE (DEV2023-00002) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 1 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Water Engineering PRIOR TO BUILDING PERMIT ISSUANCE 2 Deviations from the Engineering Standard Details shall be approved by the City Engineer. The deviation request letter shall be consistent with the approved Phase 1 Site Plan. Public Works Department, Traffic Engineering And Public Works Department, Development Services 3 The legal owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Development Services Division. The Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. Public Works Department, Development Services 4 As shown on the entitlement site plan, the legal property owner shall dedicate to the City of Anaheim, for road, public utilities, and other public purposes, the right-of-way easements described below:  12 feet in width on Katella Avenue  27 feet in width on Lewis Street  Corner cutback at Katella Avenue and Lewis Street Public Works Department, Development Services 5 A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the public right-of-way. Public Works Department, Development Services 6 The developer shall submit improvement plans, for the construction of required public improvements including but not limited to landscaping, sidewalk replacement, driveway closures, proposed driveways, and utility relocations, to the Public Works Development Services Division for review, approval, and to determine the bond amounts. Public Works Department, Development Services 7 An Encroachment License Agreement shall be recorded with the Orange County Recorder’s Office for all private improvements Public Works Department, Development Services PC2023-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT including but not limited to landscaping within the Ultimate Right of Way. 8 All CBC and CFC requirements shall be followed for permit issuance. Any fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. Fire Department 9 All manual gates shall require a Knox box, Knox padlock, and electric gates shall require a Knox key switch. Fire Department 10 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering 11 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The Owner/Developer shall be responsible for the costs to upgrade or abandon any water service or fire line. Public Utilities Water Engineering 12 All grading and excavation activities shall be carried out in accordance with the site’s Soil Management Plan and a note to this effect shall be included on the applicable construction plans. Planning and Building Department, Planning Services Division 13 All new landscaping shall be installed in conformance with the approved Landscape Plan for the Phase 1 Site Plan. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. In addition, all faux ivy shall be maintained in good condition and/or repaired or replaced as needed in perpetuity. Planning and Building Department, Planning Services Division PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 14 The property owner shall develop the property in accordance with the Phase 1 Site Plan. Planning and Building Department, Planning Services Division 15 All remaining fees/deposits required by the Public Works department must be paid in full. Public Works Department, Development Services PC2023-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 16 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind the property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering GENERAL 17 Ongoing during project operations, all trucks shall only access the site by travelling northbound on Lewis Street and turning left into the project site using the easterly driveway, and all trucks shall exit the site by turning right on Katella Avenue using the northerly driveway. Public Works Department, Traffic Engineering 18 That ongoing during project operations, deliveries including loading and unloading shall be performed on-site. Delivery vehicles shall not block any part of the public right of way, nor shall the project site access be hindered in a way that the project traffic impedes traffic flow on the adjacent streets. Public Works Department, Traffic Engineering 19 Ongoing during project operations, all vehicles associated with the facility shall be parked on-site, and be prohibited from parking on public and private streets in the vicinity. Public Works Department, Traffic Engineering 20 Ongoing during project operations, public streets or parking lots shall not be used for automobile washing or detailing, automobile repair maintenance, storage of inoperable vehicles, display of vehicles for sale or rent, or advertising on vehicles or trailers. Public Works Department, Traffic Engineering 21 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities Department, Electrical Engineering 22 Prior to the connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities Department, Electrical Engineering 23 Prior to the connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities Department, Electrical Engineering 24 Within six months of the completion of right-of-way improvements on Katella Avenue (between the 5 Freeway and S. Westside Drive), property owner shall develop the property on said street frontage in accordance with the Phase 2A Site Plan. Planning and Building Department, Planning Services Division PC2023-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 25 Within six months of the completion of right-of-way improvements on Lewis Street (between Katella and S. Anaheim Way) property owner shall develop the property on said street frontage, in accordance with Phase 2 Site Plan). Planning and Building Department, Planning Services Division 26 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. Planning and Building Department, Planning Services Division 27 Ongoing during project operations, all vehicles associated with the facility shall be parked on-site and be prohibited from parking on public and private streets in the vicinity. Should a vehicle associated with the facility be found parking on public streets, the property owner/developer may be required to meet with the City of Anaheim to discuss corrective measures. Planning and Building Department, Planning Services Division 28 The business shall be operated consistent with the Letter of Request and Operation dated July 20, 2023 (“Letter”) submitted as part of this application with the acknowledgment that tenants may change. Any changes to the business operation as described in the Letter shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter. Planning and Building Department, Planning Services Division 29 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 litigation, including without limitation attorneys’ fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. Planning and Building Department, Planning Services Division 30 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 PC2023-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 31 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