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Resolution-PC 2011-080RESOLUTION NO. PC2011 -080 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -05575 AND VARIANCE NO. 2011 -04872 (DEV2011- 00111) (800 NORTH BROOKHURST STREET — HOME DEPOT) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2011 -05575 and Variance No. 2011 -04872 to permit truck storage and rentals in conjunction with an existing Home Depot store with fewer parking spaces than required by code for that certain real property located at 800 North Brookhurst Street in the City of Anaheim, County of Orange, State of California, as more particularly shown on Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the subject property is developed with a 130,000 square foot home improvement store. A 2,950 square foot drive through restaurant is currently under construction on a contiguous parcel at 814 North Brookhurst Street. The properties are located in the C -G (General Commercial) zone and the Anaheim General Plan designates the properties for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 24, 2011, 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 the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against the proposed amendment to said conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; 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. That the establishment of truck rentals is properly one for which a conditional use permit is authorized in the C -G zone under Anaheim Municipal Code Section 18.08.030.010 (Automotive — Car Sales and Rental). 2. That the proposed truck rentals is an appropriate accessory use for a home improvement store and would not adversely affect the adjoining commercial or industrial land uses in the vicinity. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the integrated commercial center will provide an ample amount of parking spaces to support all of the existing and proposed businesses. - 1 - PC2011 -080 4. That the traffic generated by the proposed uses would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the 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 as the proposed land use will be compatible with the surrounding area because the use is integrated with other commercial and industrial uses in the vicinity. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in connection with the proposed truck storage and rentals in conjunction with an existing Home Depot store, should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (732 spaces required; 480 proposed). 1. The requested variance is hereby approved based upon the conclusions contained in a parking study that was prepared by Kimley -Horn and Associates, Inc. dated April, 2010, to address the parking deficiency. The study concludes that the overall parking demand for the restaurant and home improvement store uses combined is 430 spaces. Since 480 spaces are provided, (including the loss of 19 spaces for the shed displays and truck storage) there will be a surplus of 50 parking spaces on both properties combined. Therefore, the shopping center will provide an ample amount of parking spaces to support all of the proposed businesses on the properties; and 2. The variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to the proposed uses because 480 parking spaces will be sufficient to accommodate all of the proposed businesses on both properties; and 3. The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the overall peak parking demand will be served by the proposed parking supply on the subject property; and 4. The variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for such use because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area; and 5. The variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project is designed such that all circulation and vehicle parking to accommodate the anticipated demand would be provided on the subject site and the adjoining property to the west. 2 - PC2011 -080 NOW THEREFORE BE IT RESOLVED that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission, for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2011 -05575 and Variance No. 2011 -04872 (DEV201 1- 001 1 1) to permit truck storage and rentals in conjunction with an existing Home Depot store with fewer parking spaces than required by code and subject to the conditions of approval described in Exhibit `B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. 3 - PC2011 -080 THE FOREGOING RESOLUTIO was : dopted at the Planning Commission meeting of October 24, 2011. A F1i ST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHE SENIOR SERETARY, ANAHEIM CITY PLANNING COMMISSION CITY PLA ING I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 24, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 24 day of October, 2011. SENIOR SECRE RY, ANAHEIM CITY PLANNING COMMISSION 4 PC2011 -080 APN: 072 - 060 -65 322' 704' EXHIBIT "A" DEV NO. 2011 -00111 W GRAMERCY AVE 5 Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. PC2011 -080 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 The parking lot shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot, including the truck storage area. Police 2 A maximum of six (6) rental trucks shall be permitted on the subject property in the areas as shown on Exhibit No. 1. Planning, Code Enforcement 3 Signs, banners, balloons or other advertising devices shall only be permitted to the extent allowed by Code; however, such advertising devices shall only be oriented towards the building and shall not be visible from the adjacent public streets. Code Enforcement 4 The operation of this use is contingent upon the continued availability of a minimum of 480 parking spaces as recommended in the parking study prepared by Kimley -Horn and Associates, Inc. dated April, 2010. Any proposed modifications to the approved parking arrangement shall be subject to the review and approval of the Planning Department. Planning, Public Works 5 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 marked Exhibit No. 1 (Site Plan) and as conditioned herein. Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05575 AND VARIANCE NO. 2011-04872 (DEV2011- 00111) 6 - PC2011 -080