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PC 2012/06/18 City of Anaheim Planning Commission Agenda Monday, June 18, 2012 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Peter Agarwal • Chairman Pro-Tempore: Victoria Ramirez • Commissioners: Paul Bostwick, Stephen Faessel, Michelle Lieberman, Harry Persaud, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, June 14, 2012, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 06/18/12 Page 2 of 6 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 06/18/12 Page 3 of 6 Public Hearing Items ITEM NO. 2 AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00004 (DAG2006-00004A) (DEV2012-00036) Location: 1969 South State College Boulevard The applicant requests an amendment to Development Agreement No. 2006-00004, extending the term of the Agreement by five additional years, to expire in November 2017. Environmental Determination: CEQA Previously Approved Final Environmental Impact Report No. 335, together with Mitigation Monitoring Program No. 143. Continued from the May 7, 2012 Planning Commission meeting. Staff Report New Correspondence Request for continuance to July 2, 2012 Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2012-05604 (DEV2012-00044) Location: 425 North Shepard Street The applicant requests to permit an indoor cheerleading training facility within an existing warehouse building. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net 06/18/12 Page 4 of 6 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2012-05600 (DEV2012-00033) Location: 710 East Wilhelmina Street The applicant requests to permit an outdoor contractor’s storage yard and modular trailer building. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Staff Report New Correspondence Project Planner: David See dsee@anaheim.net Adjourn to Monday, July 2, 2012 at 5:00 p.m. 06/18/12 Page 5 of 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 5:00 p.m. June 13, 2012_ (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 06/18/12 Page 6 of 6 S C H E D U L E 2012 July 2 July 16 July 30 August 13 August 27 September 10 September 24 October 8 October 22 November 5 November 19 December 3 December 17 December 31 ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 18, 2012 SUBJECT: AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2006-00004 (DEVELOPMENT AGREEMENT NO. 2006-00004A) LOCATION: 1969 South State College Boulevard APPLICANT/PROPERTY OWNER: The applicant and property owner is Prologis. REQUEST: The applicant requests an amendment to Development Agreement No. 2006-00004 to revise development milestone provisions pertaining to the payment of extension fees and to extend the term of the Agreement by five additional years, to expire in November, 2017. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, continue this item to its July 2, 2012 meeting to allow additional time to finalize the requested amendments. Prepared by, Submitted by, Vanessa Norwood CJ Amstrup Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Applicant Request Letter 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net IINDUSTRIAL IKatellaVACANT IGateway Sub-Area AOFFICES IGateway Sub-Area AINDUSTRIAL IGateway Sub-Area AANAVIAAPARTMENTS IGene AutryVACANT O-L (PTMU)VACANT IGateway Sub-Area AVACANT IGene AutryVACANT IGene AutrySOUTHERN CALIFORNIAGAS COMPANYOFFICES IGateway Sub-Area AVACANT IGene AutryINDUSTRIAL IGene AutryVACANT I (PTMU)INDUSTRIAL I (PTMU)OFFICESO-LGateway Sub-Area AOFFICES O-LGateway Sub-Area AOFFICES PRStadiumANGEL STADIUMOF ANAHEIM PRStadiumOFFICES S STATE COLLEGE BLVDE GENE AUTRY WAY E A RTI SAN CTS MARKET STE TRIAD ST S SANTA CRUZ ST S UNION STGENE AUTRY WAYUNION STE TRIAD ST E. KATELLA AVE S. HASTER STS. MAN C H E STE R AV E E. CHAPMAN AVE S. STATE COLLEGE BLVDS. DOUGLASS RD1 9 6 9 So uth State Colle ge Bou levard D E V N o. 2012-00036 Subject Property APN: 083-290-88 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 S STATE COLLEGE BLVDE GENE AUTRY WAY E A RTI SAN CTS MARKET STE TRIAD ST S SANTA CRUZ ST S UNION STGENE AUTRY WAYUNION STE TRIAD ST E. KATELLA AVE S. HASTER STS. MAN C H E STE R AV E E. CHAPMAN AVE S. STATE COLLEGE BLVDS. DOUGLASS RD1 9 6 9 So uth State Colle ge Bou levard D E V N o. 2012-00036 Subject Property APN: 083-290-88 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 ATTACHMENT NO.2 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 18, 2012 SUBJECT: CONDITIONAL USE PERMIT NO. 2012-05604 LOCATION: 425 North Shepard Street APPLICANT/PROPERTY OWNER: The applicant is Jarret Elliot with Pacific Coast Cheer, Inc and the property owner is JD&K Company. REQUEST: The applicant proposes an indoor cheerleading training facility within an existing warehouse building. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2012-05600. BACKGROUND: This 0.41-acre property is located within an integrated eight-lot industrial complex and is developed with an 8,525 square foot warehouse building. Project site and surrounding land uses include the following: . PROPOSAL: The applicant proposes to retain an indoor cheerleading training facility within an existing warehouse building. The applicant applied for this conditional use permit after receiving a Code Enforcement notice of violation for operating this business without a conditional use permit. Direction Existing Use Zoning General Plan Designation Project Site Indoor Cheerleading Facility SP 94-1 (Northeast Area Specific Plan), D.A. 3 (La Palma Core) Office - Low North, South, and West Industrial businesses SP 94-1, D.A. 3 Office - Low East Recreational Facility (Camelot) SP 94-1, D.A. 3 Office - Low CONDITIONAL USE PERMIT NO. 2012-05604 June 18, 2012 Page 2 of 3 The site plan shows the location of the existing 8,525 square foot industrial building within an integrated eight-lot industrial complex. The site contains 11 parking spaces on the west and south sides of the building. There are a total of 309 parking spaces within the entire business complex that are shared between the subject building and the other seven buildings through reciprocal access easements. The floor plan indicates three training rooms, offices, reception area, and restrooms. The facility will be used exclusively as a cheerleading training facility; competition events will not be conducted on the premises. The facility will continue to operate Monday through Friday between 4:30 p.m. and 9:30 p.m., and Saturday and Sunday between 2:00 p.m. and 7:00 p.m. Classes typically last up to 2½ hours long. Approximately 20 students attend each class during the weeknights and 36 students attend on the weekend. ANALYSIS: The applicant has submitted the proposed application in order to continue operating the business. Private recreational facilities are permitted in the SP94-1, D.A. 3 Zone, subject to approval of a conditional use permit to determine whether the use is compatible with surrounding land uses. The property is adjacent to light industrial businesses including an electronics manufacturer, electrical contractor and wholesale car dealer. A pest control company is also located nearby; however, staff has verified that only small quantities and containers of pesticides are handled at this facility. An outdoor recreational facility (Camelot) abuts the property to the east. Because the proposed use is compatible with the adjacent industrial and recreational uses, staff recommends approval of this conditional use permit. Parking: The proposed physical fitness facility is considered an indoor recreational facility and is permitted subject to approval of a conditional use permit. Generally, indoor recreational activities generate more parking demand than a typical light industrial use and the number of parking spaces needs to be determined through preparation of a parking demand analysis. Given the size and operational characteristics of this use, staff has determined that the parking demand would be 5 spaces per 1,000 square feet of training room area, for a total of 39 spaces required for the instructional areas only. This is based upon the conclusions contained in previously-prepared parking studies for similar cheer training facilities in the City. The parking requirement for the remaining office space is 4 spaces per 1,000 square feet, resulting in the need for 3 additional spaces, or 42 spaces for the entire facility. The parking requirement for the other seven industrial buildings is 203 spaces and 309 spaces are provided for the entire complex, resulting in a surplus of 106 spaces. Staff visited the site during the businesses proposed hours of operation and verified that an excess number of parking spaces were available to support all existing and proposed uses within the complex. The owner also submitted recorded CC&R’s to substantiate that shared parking rights exist between all properties within the complex. Therefore, there is adequate parking available for the proposed use. CONCLUSION: The proposed indoor recreational facility is compatible with the adjacent industrial and recreational uses. In addition, staff has determined that there would be an adequate number of parking spaces available to support the existing and proposed uses. Therefore, staff believes the proposed indoor recreational facility would be a suitable land use for this location and recommends approval of the project, subject to the recommended conditions of approval. Prepared by, Submitted by, David See CJ Amstrup Senior Planner Planning Services Manager CONDITIONAL USE PERMIT NO. 2012-05604 June 18, 2012 Page 3 of 3 Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Request Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site Photographs 5. Site Plan S P 9 4 -1 D A 3 B U S IN E S S P A R K S P 9 4 -1 D A 3 C A M E L O T G O L F L A N D S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 5 A U T O S A L V A G E Y A R D S P 9 4 -1 D A 5 A G R IC U L T U R E S P 9 4 -1 D A 3 O C S O C IA L S E R V IC E S A G E N C Y S P 9 4 -1 D A 3 B U S IN E S S P A R K S P 9 4 -1 D A 5 S T E R L IN G B U S IN E S S C O M P L E X S P 9 4 -1 D A 3 P A R K IN G S P 9 4 -1 D A 3 B U S IN E S S P A R K S P 9 4 -1 D A 5 S T E R L IN G B U S IN E S S C O M P L E X R IV E R S ID E (9 1 ) F R E E W A Y R IV E R S ID E (9 1 ) F R E E W A Y E FR O N T E R A S TN SHEPARD STE C A R P E N T E R A V E E . L A P A L M A A V E N . T UST I N AVEE . M IR A L O M A A V E N. KRAEMER BLVDN. MI LLER STN. BLUE GU M S T N. RIO VISTA ST4 2 5 North Shepard Street D E V N o. 2012-00044 Subject Property APN: 345-111-14 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 E FR O N T E R A S TN SHEPARD STE C A R P E N T E R A V E E . L A P A L M A A V E N . T UST I N AVEE . M IR A L O M A A V E N. KRAEMER BLVDN. MI LLER STN. BLUE GU M S T N. RIO VISTA ST4 2 5 North Shepard Street D E V N o. 2012-00044 Subject Property APN: 345-111-14 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05604 (DEV2012-00044) (425 NORTH SHEPARD STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2012- 05604, pursuant to Section 18.60.190 of the Anaheim Municipal Code, to permit an indoor cheerleading training facility within an existing warehouse building for certain real property located at 425 North Shepard Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the “Property”); and WHEREAS, the Property is currently developed with a 8,525 square foot industrial building; the zoning is SP94-1 D.A. 3 (La Palma Core Area); and the Anaheim General Plan designates the Property for Office Low land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 2012 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 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012-05604, 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 pertaining to the request for Conditional Use Permit No. 2012-05604, does find and determine the following facts: 1. The request to allow the proposed indoor cheerleading training facility use is properly one for which a conditional use permit is authorized under Section 18.120.080.050.0520 (Private Recreational Facilities) of the Anaheim Municipal Code. 2. The request to allow the proposed indoor cheerleading training facility would not adversely affect the surrounding land uses and the growth and development of the area because the use would be compatible with the surrounding industrial and recreational uses. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because sufficient parking will be provided to accommodate the indoor cheerleading training facility and all other industrial uses within the integrated 8-lot industrial complex. 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number - 2 - PC2012-*** of vehicles entering and exiting the site is consistent with typical industrial and recreational businesses that would be permitted as a matter of right within the SP94-1, D.A 3 zone. 5. Granting Conditional Use Permit No. 2012-05604 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the proposed project represented by the adoption of Conditional Use Permit No. 2012-05604 falls within the definition of Categorical Exemptions, 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 does hereby approve Conditional Use Permit No. 2012-05604, including, specifically, 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 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012-05604 is approved without limitations on 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 approval of Conditional Use Permit No. 2012-05604 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 18, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions - General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2012-*** ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 June 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of June, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** - 5 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05604 (DEV2012-00044) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage. Planning 2 Within ninety (90) days of the date of this resolution, a building permit shall be obtained from the Building Division to permit a change in occupancy per California Building Code, Chapter 34 requirements. Plans shall be prepared by a California Licensed Architect. Building 3 There shall be no competition or spectator events permitted at this facility. Planning 4 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 Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. ITEM NO. 4 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: JUNE 18, 2012 SUBJECT: CONDITIONAL USE PERMIT NO. 2012-05600 LOCATION: 710 East Wilhelmina Street APPLICANT/PROPERTY OWNER: The applicant is Juan Serrano with Sierra Roofing, Inc. and the property owner is Roland Covey. REQUEST: The applicant proposes to retain an outdoor contractor’s storage yard and modular building. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2012-05600. BACKGROUND: This 0.39-acre property is developed with a modular building and outdoor storage yard. Project site and surrounding land uses include the following: . PROPOSAL: The applicant proposes to retain an outdoor storage yard for trucks, trailers, and construction equipment in conjunction with a roofing company. The applicant also proposes to retain an existing 280 square foot modular building to be used for office purposes. The applicant applied for this conditional use permit upon receiving a Code Enforcement notice of violation for operating a contractor’s yard without the required conditional use permit. According to the applicant, the business has been operating at this location since 2009. The Code Enforcement action was initiated following a citizen complaint pertaining to trash and debris adjacent to the alley, graffiti, and overgrown weeds. The citizen did not report any concerns related to noise or operational impacts on the adjacent residential properties. The site plan shows the Direction Existing Use Zoning General Plan Designation Project Site Roofing Contractor Industrial Low Density Residential North RV Storage Yard Industrial Low Density Residential South Industrial Businesses Industrial Low Density Residential East Railroad Tracks ----- ----- West (across a public alley) Homeless Shelter, Apartments Multiple Family Residential Medium Density Residential CONDITIONAL USE PERMIT NO. 2012-05600 June 18, 2012 Page 2 of 3 location of the existing modular building, parking lot, and storage area adjacent to a public alley. The equipment will be screened from view of the street behind an existing 8-foot high chain link fence with a mesh covering and barbed wire. Hot asphalt materials, which tend to produce strong odors, will not be stored on the premises and the storage yard will be used to store equipment and vehicles only. The outdoor storage area currently consists of a concrete slab, dirt, and gravel. The applicant will be required to cover the dirt portion with gravel or a paved surface in compliance with Code. The applicant will also be required to remove the barbed wire from the top of the fence to comply with Code which prohibits such wire when visible from a public right-of-way or adjacent non-industrial property. These required improvements are included as conditions of approval in the attached draft resolution. ANALYSIS: The applicant has submitted the proposed application in order to continue operating the business. Outdoor storage uses and modular buildings are permitted in the Industrial (I) zone, subject to approval of a conditional use permit to determine whether the use is compatible with surrounding land uses. The property is adjacent to industrial businesses to the north and south and apartment homes to the west, across a public alley. The material stored within the yard will not be visible from Wilhelmina Street because the facility is enclosed with 8-foot high fencing and, per the Zoning Code, the fencing along the west property line must be covered with an opaque material, such as the green scrim material that is currently fastened to the fence in order to reduce visibility into the yard. Any existing scrim must be continuously maintained and a condition of approval requiring the replacement of any damaged scrim is included in the attached draft resolution. In order to further improve the appearance of the property as viewed from Wilhelmina Street, staff also recommends that clinging vines and irrigation be installed along the chain link next to the public alley. This type of landscaped screening would be consistent with that installed on the adjacent RV storage lot to the north. In addition, staff also recommends that no hot asphalt materials be stored on the property so as to prevent unpleasant odors from impacting the apartments to the west and a condition of approval prohibiting the use or storage of heated asphalt on site is also included in the attached draft resolution. Because the use can be operated and maintained in a manner compatible with the adjacent uses and the outdoor storage area will be screened through the provision of landscaping, staff recommends approval of the outdoor storage yard. CONCLUSION: The proposed outdoor storage activity is compatible with the adjacent industrial uses and the configuration and depth of the property will serve to screen the storage yard from Wilhelmina Street. In addition, this business has been operating at the site since 2009 without causing any disturbances to the adjacent residential properties. Therefore, staff believes the proposed outdoor storage yard would be a suitable land use for this location and recommends approval of the project, subject to the recommended conditions of approval. Prepared by, Submitted by, David See CJ Amstrup Senior Planner Planning Services Manager CONDITIONAL USE PERMIT NO. 2012-05600 June 18, 2012 Page 3 of 3 Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Request Letter The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall or on the City of Anaheim’s web site at www.anaheim.net/planning. 4. Site Photographs 5. Site Plan R M -4APT S 2 7 D U R M -4APT S6 D U R M -4APT S 4 4 D U R S -2 S IN G L E F A M IL Y R E S ID E N C ERS-3SINGLE FAMILY RESIDENCE R M -4APT S 1 8 D U R S -3 D U P L E X IRETAIL RS-2SI NGLE FAMI LY RESI DENCER M -4APT S 4 4 D U R S -3 D U P L E X RS-3DUPLEX R M -4APT S8 D U R M -4APT S 1 2 D U RS-3FOURPLEX R M -4APT S 1 6 D U R S -3 D U P L E X R M -4APT S 1 2 D U SI NGLE FAMI LY RESI DENCER S -3 D U P L E X R M -4APT S8 D URS-3SI NGLE FAMI LY RESI DENCERS-3SI NGLE FAMI LY RESI DENCERS-3SI NGLE FAMI LY RESI DENCER M -4 S Y C A M O R E A P T S 1 6 D U IIN D U S T R IA L R S -3 D U P L E X R M -4 D U P L E X IO F F IC E S RS-3SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE R M -4APT S 1 6 D U R S -3 D U P L E X RS-3APTS8 DU RS-2SI NGLE FAMI LY RESI DENCER M -4APT S 1 2 D U R M -4APT S 2 0 D U RS-3SI NGLE FAMI LYRESI DENCER M -4APT S 1 2 D U RS-3SINGLE FAMILY RESIDENCE R S -3 D U P L E X RS-3SI NGLE FAMI LY RESI DENCERM-4APTS20 DURS-2SI NGLE FAMI LY RESI DENCERM-4FOURPLEX RS-2SI NGLE FAMI LY RESI DENCERM-4SINGLE FAMILY RESIDENCE RS-3SINGLE FAMILY RESIDENCE R M -4 S Y C A M O R E M A N O R A P T S 1 6 D U R S -3 D U P L E X RS-3SINGLE FAMILY RESIDENCE IVAC ANTRM-4HOMELESSSHELTERN PAULI NE STN BUSH STN TOPEKA STN VI NE STN MAVI S STE S Y C A M O R E S T E W IL H E L M IN A S T N SABI NA STE A L B E R T A S T N VI NE STE W IL H E L M IN A S T E. LA PALMA AVE E . L IN C O L N A V EN. HARBOR BLVDN. EAST STW . L IN C O L N A V E E . B R O A D W A YN. ACACIA STS. EAST STN. STATE COLLEGE BLVDW. LA PALMA AVE E . B R O A D W A Y 7 1 0 East Wilhelmina Street D E V N o. 2012-00033 Subject Property APN: 035-210-08 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 N PAULI NE STN BUSH STN TOPEKA STN VI NE STN MAVI S STE S Y C A M O R E S T E W IL H E L M IN A S T N SABI NA STE A L B E R T A S T N VI NE STE W IL H E L M IN A S T E. LA PALMA AVE E . L IN C O L N A V EN. HARBOR BLVDN. EAST STW . L IN C O L N A V E E . B R O A D W A YN. ACACIA STS. EAST STN. STATE COLLEGE BLVDW. LA PALMA AVE E . B R O A D W A Y 7 1 0 East Wilhelmina Street D E V N o. 2012-00033 Subject Property APN: 035-210-08 ATTA CHMENT NO. 1 °0 50 100 Feet Aeria l Pho to:May 20 11 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2012-*** RESOLUTION NO. PC2012-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2012-05600 (DEV2012-00033) (710 EAST WILHELMINA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2012- 05600, pursuant to Section 18.60.190 of the Anaheim Municipal Code, to permit a contractor’s outdoor storage yard and modular trailer building for certain real property located at 710 East Wilhelmina Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A (the “Property”); and WHEREAS, the Property is currently developed with a 280 square foot modular trailer building and outdoor storage yard; the zoning is Industrial (I); and the Anaheim General Plan designates the Property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 2012 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 of the Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2012-05600, 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 pertaining to the request for Conditional Use Permit No. 2012-05600, does find and determine the following facts: 1. The request to allow the proposed outdoor storage use is properly one for which a conditional use permit is authorized under Section 18.10.030.010 (Outdoor Storage) of the Anaheim Municipal Code. 2. The request to allow the proposed outdoor storage use and modular trailer would not adversely affect the surrounding land uses and the growth and development of the area because the Property is similar to adjacent industrial uses to the north and south and the outdoor storage will not be visible from the public right-of-way. 3. The size and shape of the Property is adequate to allow the full operation of the existing and proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare of the public because the outdoor storage use and activities will be screened from view from the public right-of-way and sufficient parking will be provided to accommodate employees, customers, and truck/equipment storage. 4. The traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number - 2 - PC2012-*** of cars and trucks entering and exiting the site are consistent with typical industrial businesses that would be permitted as a matter of right within the I (Industrial) zone. 5. Granting Conditional Use Permit No. 2012-05600 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. NOW, THEREFORE, BE IT RESOLVED that the proposed project represented by the adoption of Conditional Use Permit No. 2012-05600 falls within the definition of Categorical Exemptions, 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 does hereby approve Conditional Use Permit No. 2012-05600, including, specifically, 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 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012-05600 is approved without limitations on 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 approval of Conditional Use Permit No. 2012-05600 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 18, 2012. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Zoning Provisions - General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2012-*** ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 June 18, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: FAESSEL IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of June, 2012. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2012-*** - 5 - PC2012-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2012-05600 (DEV2012-00033) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 Trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Public Works, Planning 2 Within 90 days of the date of this resolution, the outdoor storage area shall be properly graded with a layer of gravel at least one-inch thick, or a layer of concrete or approved asphaltic material or similar substance over the entire surface in accordance with Code requirements. Planning 3 Within 90 days of the date of this resolution, the existing barbed wire on top of the fencing along the public alley shall be removed in accordance with Code requirements. Planning 4 Within 90 days of the date of this resolution, clinging vines and an irrigation system shall be installed adjacent to the existing fence along the public alley. Planning 5 Within 90 days of the date of this resolution, a building permit for the existing modular trailer building shall be obtained from the Building Division. Building 6 Gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street or alley. Installation of any gates shall conform to Engineering Standards and shall be subject to review and approval by the City Traffic and Transportation Manager. Public Works, Traffic Engineering 7 The handling of hot asphalt material shall not be permitted on the property. Code Enforcement PRIOR TO FINAL BUILDING AND ZONING INSPECTION 8 Fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Fire - 6 - PC2012-*** GENERAL 9 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 ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.