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Resolution-PC 2023-030RESOLUTION NO. PC2023-030 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 MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2022-00064) (1477 NORTH JEFFERSON STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for a Conditional Use Permit to allow an Outdoor Storage Yard for Oversized Vehicles and Trailers (the "Proposed Project") located on that certain real property located at 1477 North Jefferson Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 7.75 acres, comprised of two parcels, and developed with a modular office building, a block wall, and associated parking and infrastructure improvements. The Property is designated for Industrial land uses in the General Plan. The Property is in the Anaheim Canyon Specific Plan No. SP2015-1(SP 2015-1.), in the Industrial Area. (DA-1) and is subject to the zoning and development standards contained in Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Outdoor Storage Yards for Oversized Vehicles and Trailers require a conditional use permit subject to approval by the Planning Commission pursuant to Subsection .040 of Section 18.120.040 (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 November 6, 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 and testimony for and against the Proposed Project and to investigate and make findings in connection therewith; and WHEREAS, by Resolution 2023-029, considered and approved by the Planning Commission concurrently with but prior in time to consideration of this resolution, the Planning Commission found and determined that (i) the Negative Declaration was prepared for the Proposed Project in compliance with the requirements of CEQA and the CEQA Guidelines; and (ii) the Negative Declaration is the appropriate environmental documentation for the Proposed Project. 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 Anaheim Canyon Specific Plan No. SP2015-1(SP 2015- 1), in the Industrial Area (DA-1) under subsection .040 of Section 18.120.040 (Uses) of Chapter 18.120 (Anaheim Canyon Specific Plan No. 2015-1) 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 storage. 2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining land uses, or the growth and development of the area for which it is proposed to be located 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. The outdoor storage would be located behind an eight -foot high block wall with new trees planted along the Jefferson Street frontage. The project site is adjacent to an auto auction facility to the west that encompasses approximately 38 acres and uses the majority of the land for vehicle storage. Therefore, the storage of oversized vehicles and trailers is consistent with the surrounding vehicle storage uses in the area. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the Proposed Project, in a manner not detrimental to either the particular area or health and safety because the proposed project provides adequate on -site truck circulation. The proposed driveways located on Jefferson Street will be suitable to allow truck and trailer access to the outdoor storage yard. Once on -site, the truck and trailer will be able to circulate on -site and not conflict with any adjacent properties or Jefferson Street. 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. The Public Works Department - Traffic and Transportation Division reviewed the Vehicle Miles Traveled (VMT) Screening Evaluation and a Trip Generation Analysis for the proposed outdoor storage yard and determined that the proposed use would not have a significant impact on traffic. Additionally, the project is designed to have adequate gate queuing at both driveways and suitable on -site circulation would be provided. Based on the data reviewed for the Trip Generation Analysis, the project would have insignificant impacts on traffic circulation. In addition, fire truck and emergency service access were deemed adequate by the Fire and Rescue Department, and sanitation service was deemed adequate by the Public Works Streets and Sanitation Division. Based on the above data, the traffic generated by the proposed uses would not impose an undue burden on streets and highways in the area. 5. 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 because the Proposed Project would be compatible with the industrial uses in the surrounding area, subject to compliance with the conditions contained herein. The Project site is located adjacent to other industrial outdoor storage uses and would ensure consistency with existing land use patterns. Conditions of approval - 2 - PC2023-030 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. 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 negate 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 all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit, 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 November 6, 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. - 3 - PC2023-030 x CHAIRPERSON, PLANNING qOMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2023-030 EXHIBIT "A►` DEV NO.2022-00064 AM 345-161-01 I �� 345-161-02 E ORANGETHORPE AVE O 0 40 80 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. PC2023-030 EXHIBIT "B" CONDITIONAL USE PERNHT (DEV2022-00064) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 All new landscaping shall be installed in conformance with Chapter 18.46 Planning and (Landscape and Screening) and subsection .145 of Section 18.38.200 Building Department, (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of the Planning Services Anaheim Municipal Code and shall be maintained in perpetuity. Division Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. PRIOR TO FINAL BUILDTNrGAND ZONING I'VSPECTIIiNS 2 All CBC and CFC requirements shall be followed for permit issuance. Any Anaheim Fire and fire permits which include fire sprinklers, fire alarm, etc. shall be submitted Rescue directiv to Anaheim Fire and Rescue Department. 3 The building shall be equipped with a comprehensive security alarm system Anaheim Police (silent or audible) for the perimeter building and access route protection, Department high valued storage areas, interior building door, and perimeter fence and security gating. 4 The Applicant shall complete a Burglary/Robbery Alarm Permit Anaheim Police application, Form APD 516, and return it to the Police Department prior to Department initial alarm activation. This form is available at the Police Department front counter. 5 The property owner/business operator/applicant must submit plans for Planning and review and approval of the minimum 8-inch height increase to the existing Building Department, block wall located along Jefferson Street. If the building permits for the for planning Services the increase to the existing block wall cannot be approved, the property Division owner/business operator/applicant must construct a new eight -foot high block wall along the Jefferson Street frontage in accordance with the Zoning Code. GENE& 4L CONDITIONS 6 _ All CBC and CFC requirements shall be followed for permit issuance. Any Anaheim Police fire permits shall be submitted directly to Anaheim Fire Prevention Bureau. Der)artment All drivable surfaces - Permanent temporary, and phased emergency access Anaheim Fire and roads shall be designed and maintained to support an imposed load of 78,000 Rescue lbs. and surfaced to provide all-weather driving capabilities. 8 An adequate water supply capable of providing minimum fire flow Anaheim Fire and requirements for fire hydrants and a fire sprinkler system shall be available. Rescue PC2023-030 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9 Knox box and Knox key switches shall be required for new vehicle gates. Anaheim Fire and Rescue 10 Ongoing during project operations, all vehicle deliveries including loading Public Works and unloading shall be performed on site. Delivery vehicles shall not block Department, any part of the public right of way. Traffic Engineering 11 Ongoing during project operations, all vehicles associated with the facility Public Works shall be parked on -site, and be prohibited from parking on public and private Department, streets in the vicinity. Traffic En ineerin 12 The business shall be operated in accordance with the Letter of Request, the Planning and Vehicle Miles Traveled Analysis, and the Trip Generation Analysis Building Department, submitted as part of this application. Any changes to the business operation Planning Services as described in these documents shall be subject to review and approval by Division 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. 13 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and individually and collectively as "Indemnitees") from any and all claims, Building Department, actions or proceedings brought against Indemnitees to attack, review, set Planning Services aside, void, or annul the decision of the Indemnitees concerning this permit Division 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. 14 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 Planning and final invoice or prior to the issuance of building permits for this project, Building Department, whichever occurs first. Failure to pay all charges shall result in delays in the planning Services issuance of required permits or may result in the revocation of the approval Division of this application. 15 The property shall be developed substantially in accordance with plans and Planning and specifications submitted to the City of Anaheim by the applicant and which Building Department, plans are on file with the Planning and Building Department. Planning Services Division PC2023-030 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 November 6, 2023, by the following vote of the members thereof - AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Lieberman, Perez, and Walker NOES: ABSENT: Commissioner Tran-Martin IN WITNESS WHEREOF, I have hereunto set my hand this 6 h day of November 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-030