Loading...
Resolution-PC 2011-086RESOLUTION NO. PC2011 -086 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2011-05582 AND VARIANCE NO. 2011-04877 (DEV20 1 1- 00043) (1300 -1340 SOUTH LEWIS STREET) WHEREAS, the Planning Commission did receive a verified Petition to approve Conditional Use Permit No. 2011 -05582 and Variance No. 2011 -04877 to permit automobile sales and an outdoor storage yard in conjunction with an existing adult rehabilitation facility with fewer parking spaces than required by Code; and WHEREAS, this 14.22 -acre property is developed with a 90,000 square foot warehouse, 45,000 square foot men's rehabilitation facility and 16,000 square foot women's rehabilitation facility. The property is located in the I (Industrial) zone and the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 21, 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 said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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 to permit automobile sales and an outdoor storage yard in conjunction with an existing adult rehabilitation facility with fewer parking spaces than required by Code should be approved for the following reasons: 1. The proposed request to permit automobile sales and an outdoor storage yard in conjunction with an existing adult rehabilitation facility in the Industrial (I) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.010 (Automotive —Car Sales & Rental, Outdoor Storage Yards). 2. The proposed the conditional use permit to permit automobile sales and an outdoor storage yard in conjunction with an existing adult rehabilitation facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the building is surrounded by and integrated with similar buildings and uses. - 1 - PC2011 -086 3. The size and shape of the site for the use is adequate to allow the full development of the proposed automobile sales and an outdoor storage yard in conjunction with an existing adult rehabilitation facility in a manner not detrimental to the particular area or to the health and safety because the proposed automobile sales will be located within an existing industrial building and the outdoor storage yard is surrounded by railroad right -of -way and compatible industrial uses. 4. The traffic generated by the proposed automobile sales and outdoor storage yard in conjunction with an existing adult rehabilitation facility will 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 these uses is consistent with the uses designated for this area. 5. The granting of the conditional use permit and the variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed automobile sales and outdoor storage yard will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code for automobile sales and an outdoor storage yard in conjunction with an existing adult rehabilitation facility should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (289 spaces required; 139 spaces proposed). 1. The requested variance is hereby approved based upon the findings and conclusions contained in a parking demand study prepared by Linscott Law and Greenspan dated March 31, 2011, and based upon the findings in the parking study also prepared by Linscott Law and Greenspan dated December 12, 1997 for Conditional Use Permit No. 3991 used to determine the number of parking spaces necessary for the addition of the women's rehabilitation facility. The 2011 parking study concludes that the existing number of parking spaces was sufficient as 68 spaces would be needed for the rehabilitation facility and automobile sales, with 139 spaces provided on the property. 2. The variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because sufficient parking is provided onsite. 3. The variance will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because sufficient parking is provided. - 2 - PC2011 -086 4. The variance will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because all parking will be contained on the subject property. 5. The variance 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 does not propose new ingress or egress points and is designed to allow adequate on -site circulation. WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011 - 05582 and Variance No. 2011 -04877 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. 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 (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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 1 8.60.200 (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. - 3 - PC2011 -086 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 21, 2011. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) SECRETARY, ANAHEIM CITY PLANNING COMMISSION CHAIRMAN, ANAHEIM CITY NING COMMISSION I, Eleanor Morris, 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 November 21, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 21 day of November, 2011. SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2011 -086 10 EXHIBIT IT "A" EV NO. 2011 -00043 APN 082-160-'1'1 082-150-12 n sn loo I Feet 14' 435' L Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +1- two to five feet. -5 PC2011 -086 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL CONDITIONS 1 Within 90 days from the date of approval of this Conditional Use Permit, any portion of the property used for outdoor storage must be surfaced and improved per applicable Code requirements. Planning Department, Planning Services 2 The property shall be limited to 100 vehicles for sale at any time. Planning Department, Planning Services All vehicles for sale shall be screened from view from the north parking lot on Lewis Street and from the public right- of -way. Planning Department, Planning Services 4 The permitted event or activity shall not create sound levels which violate any ordinance of the City of Anaheim. Planning Department, Code Enforcement Division 5 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 -hours of being applied. Planning Department, Code Enforcement Division 6 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions described in the staff report prepared for this item and the "Detailed List of Uses" letter submitted by the applicant dated September 1, 2011. Any change to the business's fundamental operation shall be subject to the review and approval of Planning EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2011-05582 AND VARIANCE NO. 2011-04877 (DEV2011- 00043) 6 PC2011 -086 - 7 - PC2011 -086 Department staff and may necessitate an amendment to this permit as authorized under Chapter 18.60 (Procedures) of the Anaheim Municipal Code. 7 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). Planning Department, Planning Services Division - 7 - PC2011 -086