Attachment 1 - Draft Conditional Use Permit and Variance Resolution [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 AN OUTDOOR STORAGE YARD FOR OVERSIZED
VEHICLES AND TRAILERS AND APPROVING A VARIANCE TO
PERMIT A MINIMUM LOT AREA LESS THAN REQUIRED BY THE
ZONING CODE AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2023-00010)
(1051 NORTH PATT STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit to allow an
Outdoor Storage Yard for Oversized Vehicles and Trailers (the “Proposed Project”) and to approve
a variance for a minimum lot area less than required by the Anaheim Municipal Code (the “Code”),
on that certain real property located at 1051 North Patt 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 1.45 acres in size and is currently
developed with a vacant storage yard and a one-story warehouse building. The property is
designated for Industrial and Public Institutional land uses in the General Plan. The Property is
also located in the “I” Industrial Zone and is subject to the zoning and development standards
contained in 18.10 (Industrial Zones) of the Code; and
WHEREAS, Outdoor Storage Yards for Oversized Vehicles and Trailers requires
a conditional use permit subject to approval by the Planning Commission pursuant to Subsection
.040 of Section 18.10.030 (Uses) and subsection .150 of Section 18.38.200 (Outdoor Storage) of
Chapter 18.38 (Supplemental Use Regulations); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 9, 2023 at 5:00 p.m., 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 recommendations 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 (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
“projects”, as that term is defined in Section 15378 of the CEQA Guidelines; and
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WHEREAS, the Planning Commission finds and determines 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 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 3
exemption includes the conversion of existing small structures from one use to another where only
minor modifications are made in the exterior of the structure and the construction of accessory
structures. The existing warehouse building, with the accessory office, would remain and be
converted for the service and maintenance of the company’s fleet. There is no expansion of the
existing footprint. Site improvements consist of modification of the existing driveway approach,
new exterior walls, and fences along with landscaping and a trash enclosure. Pursuant to Section
15300.2 (c) and 15303 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; 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 the Proposed Project, 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 .040 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 Oversized and Recreational Vehicle Outdoor Storage.
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 Proposed Project would
be consistent in use and would operate similarly to the adjacent industrial uses in the area. All
operations of the Proposed Project would be maintained on-site and adequate screening from the
public rights-of-way are proposed. A new eight-foot high wall with new trees planted along the
southern property line would provide screening from the adjacent multi-family residential uses,
which are also separated via the existing alley. The Proposed Project is designed to only allow
truck traffic via Patt Street and no access from Kemp Street. The proposed improvements on the
Property are consistent with the required on-site improvements in the Industrial zone.
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. All operations would occur on-site while accommodating the parking, traffic flows,
and circulation without creating detrimental effects on adjacent properties.
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
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volumes of traffic or daily trips, as the City Traffic Engineering Department has confirmed the
findings through the review of a project-specific Vehicle Miles Traveled 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. The Proposed Project would be separated from the multi-family
residential uses to the south through the existing alley and sufficiently screened with a new eight-
foot high wall with new trees planted along the southern property line; 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 the variance, does find and determine the
following facts:
SECTION 18.38.150.1504.01 Minimum Lot Area
(1.5 acres required;
1.45 acres provided)
1. 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. The Property location and surroundings have resulted in
frontages adjacent to two different segments of right-of-way, which limits the development of this
site as currently configured. The double frontage configuration has resulted in dedications over the
years that have impacted the gross lot area of the project site. Additionally, there are properties in
the general vicinity of the Property under identical zoning classification that do not have a double
frontage configuration.
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. Staff has identified several sites, with similar zoning
designation, within the City that were previously approved to have an outdoor storage yard for
oversized vehicles that does not meet the current minimum lot area requirement of 1.5 acres. The
Proposed Project would maintain all operations on-site, despite having a lesser minimum lot area;
and
WHEREAS, the 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
detract from the findings made in this Resolution. The Planning Commission expressly declares
that it considered all evidence presented and reached these findings after due consideration of a ll
evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit and variance, 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. Extensions for further time to complete the 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 October 9, 2023. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (Procedures) of the 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-***
EXHIBIT “B”
CONDITIONAL USE PERMIT
VARIANCE
(DEV2023-00010)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1 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
2 All Landscape plans shall comply with the City of Anaheim adopted
Landscape Water Efficiency Guidelines. This ordinance is in compliance
with the State of California Model Water Efficient Landscape Ordinance
(AV 1881).
Public Works
Department,
Development
Services
3 Submit a written Solid Waste Management Plan (SWMP) to Public Works
Department for review and approval prior to the issuance of any building
permits.
Public Works
Department,
Operations Division
4 The Applicant shall submit a Change of Address Application to retire 1109
North Patt Street and 1119 North Patt Street addresses from the Property.
Planning and
Building Department,
Planning Services
Division
5 All new landscaping shall be installed in conformance with Chapter 18.46
(Landscape and Screening) and subsection .145 of Section 18.38.200
(Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of the
Anaheim Municipal Code and shall be maintained in perpetuity.
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
6 All public improvements shall be constructed by the developer, inspected
and accepted by Construction Services prior to final building and zoning
inspection.
Public Works
Department,
Development
Services
7 All remaining fees/deposits required by Public Works department must be
paid in full. Public Works
Department,
Development
Services
8 If any monuments are damaged as a result of construction, it shall be reset
to the satisfaction of the City Engineer. Public Works
Department,
Development
Services
PC2023-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
9 Record Drawings and As-Built Plans shall be submitted for review and
approval to the Department of Public Works, Development Services
Division.
Public Works
Department,
Development
Services
10 All CBC and CFC requirements shall be followed for permit issuance. Any
fire permits which include fire sprinklers, fire alarm, etc. shall be submitted
directly to Anaheim Fire and Rescue Department.
Anaheim Fire and
Rescue
11 The building shall be equipped with a comprehensive security alarm system
(silent or audible) for the perimeter building and access route protection,
high valued storage areas, interior building door, and perimeter fence and
security gating.
Anaheim Police
Department
12 The Applicant shall complete a Burglary/Robbery Alarm Permit
application, Form APD 516, and return it to the Police Department prior to
initial alarm activation. This form is available at the Police Department
front counter.
Anaheim Police
Department
GENERAL CONDITIONS
13 Adequate lighting of parking lots, passageways, recesses, and grounds
contiguous to buildings shall be provided with lighting of sufficient wattage
to provide adequate illumination to make clearly visible the presence of any
person on or about the premises during the hours of darkness and provide a
safe, secure environment for all person, property, and vehicles on-site.
Anaheim Police
Department
14 Access road/including turnaround identified on the property shall abide by:
All drivable surfaces - Permanent, temporary, and phased emergency access
roads shall be designed and maintained to support an imposed load of 78,000
lbs. and surfaced to provide all-weather driving capabilities
Anaheim Fire and
Rescue
15 All manual gates shall require a Knox box, Knox padlock, and electric gates
shall require a Knox key switch. Anaheim Fire and
Rescue
16 Ongoing during project operations, all vehicle deliveries including loading
and unloading shall be performed on site. Delivery vehicles shall not block
any part of the public right of way.
Public Works
Department,
Traffic Engineering
17 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
18 Ongoing during project operations, public streets or parking lots shall not be
used for automobile washing or detailing, automobiles repair maintenance,
storage of inoperable vehicles, display of vehicles for sale or rent, or
advertising on vehicles or trailers.
Public Works
Department,
Traffic Engineering
19 At no point shall the vehicles or trucks at the gate block any part of the
public right of way. Public Works
Department,
Traffic Engineering
PC2023-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
20 The contractor shall contact City of Anaheim Electrical inspection at (714)
765-6873 ten business days prior to beginning work. All excavation around
existing Public Utilities facilities shall be observed by the City Electrical
Inspector. In case of emergency, the contractor shall immediately contact
Electric Field Operations at (714) 765-5108 and Electrical Engineering at
(714) 765-4211.
Public Utilities
Department,
Electrical
Engineering
21 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 and Building 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
22 The Applicant 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
23 The applicant 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
24 The property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which
plans are on file with the Planning Department.
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 October 9, 2023, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of October 2023.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM