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: OCTOBER 9, 2023
SUBJECT: DEVELOPMENT APPLICATION NO. 2023-00010
LOCATION: 1051 North Patt Street
APPLICANT/PROPERTY OWNER: The agent is David See, of See’s Development
Advisors LLC, representing the applicant Bayarmunkh Chuluunbaatar, of ETA Trans Inc.
The property owner is Nicholas Niknafs.
REQUEST: The applicant requests approval of a conditional use permit to operate an
Outdoor Storage Yard for Oversized Vehicles and Trailers and a variance for a minimum
lot area less than required by the Zoning Code (1.45-acres proposed; 1.5-acres required).
RECOMMENDATION: Staff recommends that the Planning Commission determine
that a Class 3 – New Construction or Conversion of Small Structures Categorical
Exemption under the California Environmental Quality Act (CEQA) (Public Resources
Code, Sections 21000-21189.57) as set forth in Sections 15303 and 15300.2, 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, approve
Development Application No. 2023-00010.
BACKGROUND: The subject property is 1.45-acres and is developed with a single-story
warehouse building. The property is in the “I” Industrial zone and the General Plan
designates the property for Industrial and Public Institutional land uses. The surrounding
uses include industrial land uses to the east, north, and west, and multi-family residential
and Julianna Park to the south.
PROPOSAL: The applicant proposes to use the property to store oversized trucks and
trailers for ETA Trans Inc., which specializes in hauling of vehicles nationwide. This
property would be used primarily for the on-site storage of the company’s fleet of 35
trailers and 16 trucks. The site is designed to accommodate a total of 24 trailer parking
stalls when not in use and 7 automobile parking stalls. The applicant is proposing a new
eight-foot high concrete masonry unit (CMU) block wall along Patt and Kemp Streets.
New trees within the landscape setback would be provided along the Patt and Kemp Street
frontages for additional screening. The northern and western property lines would have
chain link fencing with interwoven slats. A new eight-foot high, wrought iron motorized
vehicle access gate with attached solid screening is proposed at the driveway. There is no
vehicular nor pedestrian access to the property from Kemp Street. The existing warehouse
building, with the accessory office, would remain and be used for the service and
maintenance of the company’s fleet. The majority of the proposed outdoor storage yard is
Development Application No. 2023-00010
October 9, 2023
Page 2 of 5
improved with an existing gravel surface material that would remain. A new trash
enclosure would also be constructed on-site.
PROPOSED SITE PLAN
The trucks would enter and exit the subject property by traveling southbound on Patt Street. On-
site circulation for trucks would be provided. The applicant also requests a variance for a minimum
lot area less than required by the Zoning Code. A minimum 1.5-acre site is required, and the
existing subject property is only 1.45-acres.
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;
Development Application No. 2023-00010
October 9, 2023
Page 3 of 5
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.
The Zoning Code permits an Outdoor Storage Yard for Oversized Vehicles and Trailers subject to
a conditional use permit in the “I” (Industrial) 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.
The proposed land use would not adversely affect the adjoining land uses or development of the
area as the outdoor storage of the oversized vehicles and trailers would be located behind an eight-
foot block CMU wall with new trees planted along the Patt and Kemp Street frontages. The
driveway gate, accessed from Patt Street, would be open during operating hours to facilitate truck
ingress and egress. There is no access to the subject property from Kemp Street.
The size and shape of the property is adequate for the land use as the project provides on-site truck
circulation. The existing driveway located on Patt Street will be modified to allow truck and trailer
access to the outdoor storage yard. Once on-site, the truck and trailer will be able to maintain all
circulation on-site and not conflict with any adjacent properties or Patt Street.
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. The Public Works Traffic and
Transportation Division has evaluated the proposed land use through a Vehicle Miles Traveled
Screening Evaluation. The results provided in the documents indicate that the traffic generated by
the proposed use will not impose an undue burden upon the streets and highways.
The granting of the conditional use permit under the conditions imposed will not be detrimental
to the health and safety of the citizens of the City of Anaheim. Conditions of approval are included
in the draft resolution to ensure the outdoor storage yard land use will be maintained on-site and
not create a nuisance to the area and adjacent land uses.
Parking: The Zoning Code requires a minimum of 20 parking spaces for the proposed land use
and the project includes seven parking spaces. The property is located within an area identified by
Assembly Bill 2097 (AB 2097) which prohibits public agencies from imposing minimum parking
requirements when the project is located within ½ mile of a major public transit stop. This property
is within ½ mile of the intersection of Anaheim Boulevard and La Palma Avenue, which is a major
public transit stop. While the City cannot enforce its parking requirements on the project, the
project site has been designed to accommodate all employees and drivers on-site. The applicant’s
letter of operation states that a total of 10-15 staff would be on-site throughout the day, which
includes approximately six administrative staff, and the remaining would be truck drivers
accessing the site throughout the day. The seven spaces on-site would be adequate to accommodate
the daily on-site staff.
Development Application No. 2023-00010
October 9, 2023
Page 4 of 5
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:
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.
The Zoning Code requires a minimum lot area of 1.5 acres for Outdoor Storage Yards for
Oversized Vehicles and Trailers. The subject property has a lot area of 1.45 acres. The minimum
lot area requirement for outdoor storage yards for oversized vehicles and trailers became effective
in June 2018. The 1.5-acre minimum lot area requirement was based on a survey of properties
with this type of use. It was determined that 1.5 acres was an appropriate size to allow for larger
vehicles and ensure that there was adequate space for circulation. There are special circumstances
that apply to this property because it has public right-of-way frontages on two cul-de-sacs, Patt
Street and Kemp Street. Previous improvements to the property required dedications that have
impacted the gross lot area of the property reducing it from 1.57 acres to 1.45 acres. Generally,
industrial properties have frontage onto the public right-of-way on one side, except for corner
properties.
Because of the special circumstances applicable to the property, strict application of the Zoning
Code would deprive the property of privileges enjoyed by other property under identical zoning
classification. Staff has identified several industrially zoned properties within the City that were
previously permitted for an outdoor storage yard that do not meet the minimum lot area
requirement. Even with a project site that is 0.05 acres (or approximately 2,178 square feet) less
than the minimum lot area required, staff believes the project has been designed to provide
adequate access and on-site circulation with truck turning radii to maneuver on-site. The project
has also been designed to provide adequate screening with a new eight-foot high wall planted with
new trees to provide screening to adjacent land uses.
Environmental Impact Analysis: The Project qualifies for a Class 3 – New Construction or
Conversion of Small Structures Categorical Exemption under the California Environmental
Quality Act (CEQA) (Public Resources Code, Sections 21000-21189.57) as set forth in Sections
15303 and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14,
Chapter 3, Sections 15000-15387). Class 3 includes the conversion of existing small structures
from one use to another where only minor modifications are made 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, and as further
described in this staff report, 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.
Development Application No. 2023-00010
October 9, 2023
Page 5 of 5
CONCLUSION: The Outdoor Storage Yard for Oversized Vehicles and Trailers 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. Staff believes that the necessary findings exist to permit a conditional use permit and
variance for an Outdoor Storage Yard for Oversized Vehicles and Trailers with a minimum lot
area less than required by the Zoning Code. Staff supports the request and recommends approval
of the application.
Prepared by, Submitted by,
Jose Barriga Scott Koehm, AICP
Associate Planner Principal Planner
Attachments:
1. Draft Conditional Use Permit and Variance Resolution
2. Letter of Operation and Justifications
3. Project Plans
4. Vehicle Miles Traveled Analysis
5. Aerial and Vicinity Maps