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Resolution-PC 2013-090RESOLUTION NO. PC2013 -090 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013 -05710 AND VARIANCE NO. 2013 -04947 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00102) (605 -611 EAST CERRITOS AVENUE AND 1455 SOUTH ALLEC STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013 -05710 and Variance No. 2013 -04947 to permit an outdoor storage area with fewer parking spaces than required by Code (herein referred to as the "Proposed Project ") for certain real property located at 605 -611 East Cerritos Avenue and 1455 South Allec 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, consisting of approximately 7.33 acres, is developed with a warehouse and distribution center. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located within the Industrial (I) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.10 of the Anaheim Municipal Code (the "Code "); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 16, 2013 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 Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2013 -05710 and Variance No. 2013 -04947 to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the lead agency under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the proposed project is categorically exempt from the requirement for the preparation of environmental documents under CEQA pursuant to Section 15301 (Class 1 — Existing Facilities) of Title 14 of the California Code of Regulations, involving the permitting of an outdoor storage area with fewer parking spaces than required by Code; 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 to permit the Proposed Project on the Property does find and determine the following facts: 1. The request to permit an outdoor storage area with fewer parking spaces than required by Code in the Industrial (1) Zone is properly one for which a conditional use permit is authorized by Section 18.10.030 (Conditionally Permitted Uses) of the Code. - 1 - PC2013 -090 2. The request to permit an outdoor storage area with fewer parking spaces than required by Code would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located because the property is currently developed with a warehouse and the proposed use is an appropriate accessory use with the warehouse; and 3. 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 property is currently improved with a warehouse and there is no proposed expansion; and 4. The traffic generated would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of vehicles entering and exiting the site are consistent with the existing industrial use site and the permitted businesses within the warehouse; and 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 subject site is developed with a warehouse which allows wholesale businesses and the proposed outdoor storage area will be compatible with the surrounding uses. WHEREAS, the Planning Commission does further find and determine that the request for a variance to permit less parking than required by Code in conjunction with outdoor storage area should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (217 spaces required; 137 spaces proposed) 1. That the parking variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the Proposed Project than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use because the site has ample parking spaces to accommodate all of the uses on the site. The parking letter for the Proposed Project indicates that a maximum demand of 50 parking spaces is currently needed for the entire site. The site will provide a total of 137 spaces, therefore, ample parking will be provided for the site; and 2. That the parking 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 Project because the on -site parking on the property will adequately accommodate the parking demands of the proposed Proposed Project; and 3. That the parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Proposed Project because the on -site parking on the property will adequately accommodate parking demands of all uses on the site. The site will generate a parking demand of 50 parking spaces and 137 parking spaces will be provided; and -2- PC2013 -090 4. That the parking variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the Proposed Project because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and 5. That the parking 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 Project because the project site has existing ingress or egress access points that are designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the center; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2013 -05710 and Variance No. 2013 - 04947, contingent upon and subject to the conditions of approval described 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 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(s), (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 to Permit Approval) and 18.60.200 (City- Initiated 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. -3 - PC2013 -090 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 16, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. w . " 1 0::4 CHAIR, ANAHEIM CITY PLANNIN COMMISSION ATTEST: 1 i' SENIOR S'f�CRETARY, 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 December 16, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL IN WITNESS WHEREOF, I have hereunto set my hand this 16 day of December, 2013. r SENIOR :WCRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -090 EXHIBIT "A" DEV NO. 2013 -00102 -5- PC2013 -090 oo Source: Recorded Tract Maps and /or City GIS. Fee[ Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05710 VARIANCE NO. 2013-04947 (DEV2013- 00102) -6- PC2013 -090 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY GENERAL 1 Granting of the variance shall be contingent upon operation of this facility in Planning conformance with the assumptions and/or conclusions relating to the Department, operation and intensity of this use as described in the parking letter prepared Code by the applicant. Exceeding, violating, intensifying or otherwise deviating Enforcement from any of said assumptions and/or conclusions, as contained in the letter, Division may subject this permit to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. 2 Portions of the property under control of the tenant shall be permanently Planning maintained in an orderly fashion through the provision of regular Department, landscaping maintenance, removal of trash or debris, and removal of Code graffiti within twenty four (24) hours from time of occurrence. Enforcement Division 3 The subject Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the petitioner Department, and which plans are on file with the Planning Department, and as Planning conditioned herein. The proposed landscaping and irrigation shall be Services installed within 45 days of the approval of this permit. Division 4 The Applicant shall defend, indemnify, and hold harmless the City and its Planning officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees ") from any and all claims, Planning actions or proceedings brought against Indemnitees to attack, review, set Services aside, void, or annul the decision of the Indemnitees concerning this Division permit 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. 5 The applicant is responsible for paying all charges related to the processing Planning of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, Planning whichever occurs first. Failure to pay all charges shall result in delays in the Services issuance of required permits or may result in the revocation of the approval Division of this application. -6- PC2013 -090