PC 2014/03/10
City of Anaheim
Planning Commission
Agenda
Monday, March 10, 2014
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chair: Victoria Ramirez
• Chair Pro-Tempore: Harry Persaud
• Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell
Michelle Lieberman, 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,
March 6, 2014, 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
03/10/14
Page 2 of 4
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.
03/10/14
Page 3 of 4
Public Hearing Items
ITEM NO. 2
AMENDMENT TO CONDITIONAL USE PERMIT
NO. 3156 (CUP3156B)
(DEV2013-00096)
Location: 721 East Ball Road
Request: An amendment to a conditional use permit to
allow the expansion of an existing computer training
school into an adjacent unit.
Environmental Determination: The Planning
Commission will consider whether to find the project to
be Categorically Exempt from the provisions of the
California Environmental Quality Act and Guidelines as
a Class 1 (Existing Facilities) Categorical Exemption.
Continued from the January 27, February 10, and
February 24, 2014 Planning Commission meetings.
Resolution No. ______
Project Planner:
Vanessa Norwood
vnorwood@anaheim.net
ITEM NO. 3
VARIANCE NO. 2013-04937
(DEV2013-00069)
Location: 240-250 East Palais Road
Request: To permit and retain an existing outdoor
storage yard in conjunction with a wholesale stone and
marble sales facility with fewer parking spaces than
required by Code.
Environmental Determination: The Planning
Commission will consider whether to find the project to
be Categorically Exempt from the provisions of the
California Environmental Quality Act and Guidelines as
a Class 1 (Existing Facilities) Categorical Exemption.
Resolution No. ______
Project Planner:
David See’
dsee@anaheim.net
Adjourn to Monday, March 24, 2014 at 5:00 p.m.
03/10/14
Page 4 of 4
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:00 p.m. March 5, 2014
(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.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 10, 2014
SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 3156
(CONDITIONAL USE PERMIT NO 3156A)
LOCATION: 701 and 721 East Ball Road – Ball Road Business Park
APPLICANT/PROPERTY OWNER: The applicant is Ramon Baguio representing
Moises Casteneda of United School of America and the property owner is The Realty
Associates Fund VI, L.P.
REQUEST: The applicant is requesting to amend a previously-approved conditional
use permit to allow the expansion of an existing vocational training school.
RECOMMENDATION: Staff recommends the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from
further environmental review under the California Environmental Quality Act (Class
1, Existing Facilities), and approving Conditional Use Permit No. 3156A.
BACKGROUND: This approximate 6.3-acre property is developed with an
117,284 square foot industrial office complex comprised of five separate buildings.
The property is located in the Industrial (I) zone. The site is designated for Industrial
land uses by the General Plan and all surrounding land uses are industrial.
Previous Entitlements: In 1989, the Planning Commission approved Conditional
Use Permit No. 3156, permitting industrially-related office uses within this complex.
The Commission also approved a variance to allow fewer parking spaces than
allowed by code. In 2007, the Planning Commission approved a modification to the
permit to expand the permitted types of businesses, including a vocational school at
701 East Ball Road.
PROPOSAL: The applicant proposes an amendment to the conditional use permit
to allow the expansion of the existing vocational school into an adjacent industrial
building within the same complex, located at 721 East Ball Road. The 4,891square
foot expansion area would include three classrooms, a reception area, general
offices, conference room, break room and restrooms. The applicant proposes to
continue using the existing space at 701 East Ball Road for administrative office
uses.
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3156
March 10, 2014
Page 2 of 3
The vocational school specializes in the education of individuals referred from the State of
California Worker’s Compensation Program. The school provides online training and
classroom instruction for disabled individuals, including instruction in a broad range of
vocations such as computers, plumbing, security, medical records, clerical, floral design, etc.,
and offers job placement assistance to the students.
ANALYSIS: Business-related educational institutions are allowed in the Industrial zone
subject to the approval of a conditional use permit to ensure compatibility with the surrounding
uses. No physical changes are proposed to the building or site and the proposed school is
surrounded by industrial office uses. The applicant has submitted the attached letter of
operation and project description indicating that the majority of the students would be enrolled
in online training. As a result, there would be a maximum of 40 students on-site at any given
time. Approximately 10 to 15 students would drive to the school using personal transportation
and all other students would use transportation provided by the school. The existing and
proposed hours of operation are Monday through Friday, 8:00 a.m. to 5:00 p.m., with classes
ending at 2:00 p.m.
When this facility was approved in 2007, the school operator requested a “reasonable
accommodation,” as provided by State law, to provide fewer parking spaces than required by
Code. State law requires cities to “make reasonable accommodations in rules,
policies, practices, or services when such accommodation may be necessary to afford
[a disabled] person equal opportunity to use and enjoy a dwelling.” At the time this request
was made, the City Attorney’s Office determined that because this school serves a disabled
population, the request for ‘reasonable accommodation’ was appropriate. This justification
was used to approve the entitlement. The approved reasonable accommodation request allows
the school to operate under the parking standard applied to business offices (four spaces per
1,000 square feet of building area) as opposed to the standard required for schools (20 spaces
per 1,000 square feet of classroom plus four spaces per 1,000 square feet of support office).
Applying the business office requirement to the current expansion request allows the school to
reduce its parking requirement from 68 to 47 spaces. However, the business park would
continue to provide 95% of the spaces required by Code (481 spaces required; 461 spaces
provided) which was allowed under the parking variance approved in 1989 for this business
complex. Therefore, a parking variance is not required to accommodate the proposed
expansion. Staff has visited the site on various occasions and has identified ample available
parking to accommodate the proposed expansion.
AMENDMENT TO CONDITIONAL USE PERMIT NO. 3156
March 10, 2014
Page 3 of 3
CONCLUSION: The existing vocational school has operated in a manner that is compatible
with the surrounding uses. Because the proposed expansion will not change the nature of the
school’s operation, staff believes that the business will continue to operate in a manner that is
compatible with the surrounding uses. Staff recommends approval of Conditional Use Permit
No. 3156A.
Prepared by, Submitted by,
Vanessa Norwood Jonathan E. Borrego
Associate Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Applicant’s Letter of Operation and Justification Letter
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Department at City Hall or on the City of Anaheim’s web site
at www.anaheim.net/planning.
4. Site and Floor Plans
5. Site Photographs
IOFFICES
IAUTO REPAIR/SERVICE
IINDUSTRIAL
IADULTTHEATER
IINDUSTRIAL
IINDUSTRIAL
IINDUSTRIAL
IINDUSTRIAL
IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL
E BALL RD
S ALLEC STE. BALL RD S. SUNKIST STS.
ANAHEI
M BLVDS. HARBOR BLVDS.
EAST STE. CERRITOS AVE
W. BALL RD
72 1 E a st B a ll Ro a d
DE V N o . 2 0 1 3 -0 0 0 9 6
Subjec t Property APN: 234-121-22
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2012
E BALL RD
S ALLEC STE. BALL RD S. SUNKIST STS.
ANAHEI
M BLVDS. HARBOR BLVDS.
EAST STE. CERRITOS AVE
W. BALL RD
72 1 E a st B a ll Ro a d
DE V N o . 2 0 1 3 -0 0 0 9 6
Subjec t Property APN: 234-121-22
ATTACHMENT NO. 1
°0 50 100
Feet
Aerial Photo:May 2012
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2014-***
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3156 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2013-000096)
(701 AND 721 EAST BALL ROAD)
WHEREAS, on June 19, 1989, and subject to certain conditions of approval, the Anaheim City
Council, by its Resolution No. PC89-131, approved Conditional Use Permit No. 3156 to permit
industrially-related office uses within an existing industrial complex with waivers of the
minimum width of small car parking spaces, maximum number of compact parking spaces and
the minimum number of required parking spaces and at 701-741 East Ball Road (herein referred
to as the "Original CUP") on that certain real property located at 701-741 East Ball Road in the
City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated
herein by this reference (the "Property"); and
WHEREAS, on April 2, 2007, the Planning Commission of the City of Anaheim
("Planning Commission"), by its Resolution No. PC2007-29, approved an amendment to the
Original CUP to allow office uses in an existing industrial complex pursuant to Section
18.60.190.030 of the Anaheim Municipal Code (the "Code") and to permit a
business/educational school pursuant to Section 18.10.030.040.0402 of the Code (herein referred
to as the "First Amendment to Original CUP"); and
WHEREAS, the Original CUP, together with the aforementioned amendment thereto,
shall be referred to herein collectively as the "CUP". The conditions of approval which were the
subject of the Original CUP shall be referred to herein collectively as the "Previous Conditions
of Approval"; and
WHEREAS, the Planning Commission did receive a verified petition to amend the CUP
to permit the expansion of an existing business/educational school into an adjacent building
pursuant to Section 18.60.190 of the Code. Said amendment is designated as Conditional Use
Permit No. 3156A; and
WHEREAS, the Property is approximately 6.3 acres in size and is developed with an
industrial office complex comprised of five buildings, consisting of approximately 117,284
square feet. The Property is located in the Industrial (I) Zone and is subject to the zoning and
development standards described in Chapter 18.10 (Industrial Zone) of the Code. The Land Use
Element of the Anaheim General Plan designates the Property for Industrial land uses; and
WHEREAS, on March 10, 2014, the Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as
required by Resolution No. 95R-134 and in accordance with the provisions of Chapter 18.60 of
the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
3156A, and to investigate and make findings and recommendations in connection therewith; and
- 2 - PC2014-***
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 within that class of projects which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; 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. 3156A, does find and
determine the following facts:
1. The request to permit the expansion of an existing computer training
school into an adjacent building is properly one for which a conditional use permit is
authorized under Section 18.10.030.040.0402 of the Code.
2. The expansion of an existing business/educational school into an adjacent
building, under the conditions imposed, will not adversely affect the surrounding land
uses, or the growth and development of the area in which it is proposed to be located
because the expansion will be compatible with the surrounding industrial uses in the area.
3. The size and shape of the site for the expansion of an existing
business/educational school into an adjacent building is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular area
or health and safety because the site can accommodate the parking, traffic flows, and
circulation without creating detrimental effects on adjacent properties.
4. The traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area
because the site is adequate in size to accommodate the expansion without increasing
impacts on the surrounding area.
5. The granting of Conditional Use Permit No. 3156A under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of
Anaheim and will provide an integrated land use that is compatible with the surrounding
area.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission as follows:
1. Conditional Use Permit No. 3156A is hereby approved, thereby amending the CUP.
2. The conditions of approval attached to this Resolution as Exhibit B amend the
Previous Conditions of Approval for the Original CUP and, except as amended herein, all
Previous Conditions of Approval for the Original CUP shall remain in full force and effect.
- 3 - PC2014-***
3. The conditions of approval attached to this Resolution as Exhibit B hereby replace the
conditions of approval attached to Planning Commission Resolution No. PC2007-29 in their
entirety and, therefore, shall control and govern the First Amendment to Original CUP.
4. The conditions of approval described in Exhibit B attached hereto and incorporated
herein by this reference, are hereby found to be a necessary prerequisite to the proposed use of
the Property under Conditional Use Permit No. 3156A 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, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
5. Conditional Use Permit No. 3156A 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 of Permit Approval) and 18.60.200 (City-
Initiated Revocation or Modification of Permits) of the Code.
6. Approval of Conditional Use Permit No. 3156A constitutes approval of the proposed
request only to the extent that it complies with the Zoning Code of the City of Anaheim 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.
7. The 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
March 10, 2014. 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 resolution of
the City Council in the event of an appeal.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2014-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 10, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS WHEREOF, I have hereunto set my hand this 10th day of March, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 5 - PC2014-***
- 6 - PC2014-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 3156A
(DEV2013-00096)
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
The school shall operate in accordance with the letter of
operation dated February 26, 2014.
Planning
Department,
Code
Enforcement
2
The school shall not exceed a maximum of 40 students on-site
at any given time.
Planning
Department,
Code
Enforcement
3
This facility shall be used for educational, vocational and
training activities only.
Planning
Department,
Code
Enforcement
4 No outdoor activities involving gathering of persons shall be
permitted on-site.
Planning
Department,
Code
Enforcement
5 Complete a Burglary/Robbery Alarm Permit application, Form
APD 516, and return it to the Police Department prior to initial
alarm activation. This form is available at the Police
Department front counter, or it can be downloaded from the
following web site: http://www.anaheim.net/article.asp?id=678
Police
Department
6 All exterior doors to have adequate security hardware, e.g.
deadbolt locks. The locks shall be so constructed that both the
deadbolt and deadlocking latch can be retracted by a single
action of the inside doorknob/lever/turn piece.
Police
Department
7 Wide-angle peepholes or other viewing device should be
installed in solid doors where natural surveillance is
compromised.
Police
Department
8 All exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly
visible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building.
Police
Department
- 7 - PC2014-***
9 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 final invoice or prior to the issuance
of building permits for this project, whichever occurs first.
Failure to pay all charges shall result in delays in the issuance of
required permits or may result in the revocation of the approval
of this application.
Planning
Department,
Planning
Services
Division
10 The Applicant shall defend, indemnify, and hold harmless the
City and its officials, officers, employees and agents
(collectively referred to individually and collectively as
“Indemnitees”) from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void, or
annul the decision of the Indemnitees concerning this 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.
Planning
Department,
Planning
Services
Division
11 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 and as conditioned herein.
Planning
Department,
Planning
Services
Division
February 26, 2014
OPERATION STATEMENT
RE: 721 East Ball Road Suit 102, Anaheim CA, 92805, APN 234-121-22
United School of America is currently located and in operation at 701 East Ball Road, Suite 100 with the
total square footage of 6,848 sq. ft., and will be expanding their operations to 721 East Ball Road, Suite
102 which is a total of 4,891 square feet and we propose a total of 1,284 square feet of training/classroom
area. The proposed location for United School of America will be used as an office computer training
center.
The existing location of United School of America will be used for office space; there will be no training
or classroom instruction at this location.
The use of United School of America has not changed. As technology has evolved so has the learning
paradigm. More of our curriculum is online and distribution of information is increasingly going virtual.
Both locations operate between the hours of 8:00am to 5pm, Monday-Friday with classroom instruction
ending at 2 p.m. at the new location.
The number of employees for United School of America is as follows;
701 E. Ball Road Location 721 E. Ball Road Location
4 Admins 1 Receptionist
1 Counselor 2 Student Coordinators
1 Clerk 1 Billing Admin
2 Instructors
Due to the individual disability, 85% of the students at United School of America are in enrolled in
Homeschooling/Online training; 15% of the students will be attending class at the new location, which
will be approximately 30 to 40 students.
For 15 to 20 students, the school provides transportation and 10 to 15 students drive to the facility.
In 2007, the Planning Commission approved office uses and a vocational school specializing in the
education of individuals referred from the State of California Worker’s Compensation Program and from
EDD (Employment Development Department).
ATTACHMENT NO. 3
ATTACHMENT NO. 4
ATTACHMENT NO. 5
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: MARCH 10, 2014
SUBJECT: VARIANCE NO. 2013-04937
LOCATION: 240-250 East Palais Road (Marbolis)
APPLICANT/PROPERTY OWNER: The applicant and business owner is Attila
Akkas with Marbolis, Inc. and the property owner is Roth Enterprises, LLC.
REQUEST: The applicant requests a variance to permit and retain an existing
outdoor storage yard in conjunction with a wholesale stone and marble sales facility
with fewer parking spaces than required by Code.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1-
Existing Facilities) and approving Variance No. 2013-04937.
BACKGROUND: The 2.6-acre property is located in the Industrial (I) zone and is
designated for General Commercial land uses by the General Plan. The property is
surrounded by churches to the east and west, and the Anaheim Indoor Marketplace to
the south. The property is developed with a stone and marble wholesale facility,
including a 40,400 square foot warehouse building and a 36,800 square foot outdoor
storage area. This storage area is located in an area originally designed as a parking
lot. The outdoor storage area was brought to the City’s attention through a Code
Enforcement complaint.
PROPOSAL: The applicant requests approval of a parking variance to retain an
outdoor storage area containing stone and marble slabs. A variance is being requested
as 93 spaces are required and 43 spaces are proposed. The 43 spaces proposed are
located in a front parking lot adjacent to Palais Road.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
VARIANCE NO. 2013-04937
March 10, 2014
Page 2 of 2
ANALYSIS: The Code permits outdoor storage as an accessory use within this zone, provided that the
storage area is located outside of the required front setback area and screened from view of a public
street. Because the outdoor storage area is secured and screened by PVC slats attached to an 8-foot
high fence and located outside of the front setback area, it meets these requirements. However, this
storage area is located in an area formerly used as a parking lot which has caused a shortage in the
amount of Code-required parking spaces provided.
Parking Variance: The proposed project requires a total of 93 parking spaces based on the Code
requirement for industrial uses, including parking that is required for the outdoor storage area. The
applicant is proposing to provide 43 parking spaces. A parking demand analysis was submitted by the
applicant to justify the requested variance. The letter states that a maximum demand of 19 spaces would
be needed to accommodate employees and customers. This demand is based on parking counts that
were taken for four full weeks, between June 3 and June 28, 2013. Counts were taken from 8:00 a.m. to
4:00 p.m., Monday through Friday. The letter states that a peak demand of 19 spaces was observed at
12:00 p.m. on Monday, June 17, 2013. The applicant indicates that the business is a wholesale facility
and is only open to business customers, such as contractors, designers, and architects, and not the
general public. Staff visited the site during the morning and afternoon hours and observed a peak
demand of 17 parking spaces. These observations confirmed that ample parking will be available for the
existing business as the 43 spaces provided on the site can more than accommodate the observed peak
demand.
CONCLUSION: Staff believes that the proposed outdoor storage area is consistent with the industrial
zone and is properly screened from view with the existing opaque fencing. The submitted parking
analysis justifies the reduction in parking and demonstrates that there will be adequate parking for the
business. For these reasons, staff recommends approval of the requested variance.
Prepared by, Submitted by,
David See Jonathan E. Borrego
Senior Planner Planning Services Manager
Attachments:
1. Vicinity and Aerial Maps
2. Draft Resolution
3. Applicant’s Letter of Operation
4. Applicant’s Parking Analysis
The following attachments were provided to the Planning Commission and are available for
public review at the Planning Department at City Hall or on the City of Anaheim’s web site at
www.anaheim.net/planning.
5. Site Photographs
6. Plans
I (SABC)INDUSTRIAL
C-G (SABC)AUTO DEALERSHIP
C-G (SABC)ANAHEIM MARKETPLACEINDOOR SWAP MEET
C-G (SABC)OFFICES
I (SABC)OFFICES
T (SABC)RETAIL
I (SABC)RELIGIOUS USE
I (SABC)INDUSTRIAL
T (SABC)RETAIL
I (SABC)RETAIL
C-G (SABC)RESTAURANT
C-G (SABC)RETAIL
I (SABC)INDUSTRIAL
C-G (SABC)RESTAURANT I (SABC)COLLEG E EDUCATIONSERVICES
C-G (SABC)AUTO DEALERSHIP
I (SABC)INDUSTRIAL
IINDUSTRIAL
IINDUSTRIAL
I (SABC)INDUSTRIAL
I (SABC)INDUSTRIAL
S ANAHEIM BLVDE PALAIS RD S CLAUDI
NA STW MIDWAY DR
E. BALL RD
S. LEWIS STS. HARBOR BLVDW. BALL RD S.ANAHEI
MBLVDE. KATELLA AVE
E. CERRITOS AVE
W. KATELLA AVE S. STATE COLLEGE BLVDS.
EAST STS. DISNEYLAND DRS. CLEMENTINE ST240 -2 5 0 E a s t P a l a is R o a d
D E V No . 2 01 3 -0 0 06 9
Subject Property APN: 08 2-482-06
ATTACHMENT NO. 1
°0 50 100
Feet
Aeria l P hoto :Ma y 2012
S ANAHEIM BLVDE PALAIS RD S CLAUDI
NA STW MIDWAY DR
E. BALL RD
S. LEWIS STS. HARBOR BLVDW. BALL RD S.ANAHEI
MBLVDE. KATELLA AVE
E. CERRITOS AVE
W. KATELLA AVE S. STATE COLLEGE BLVDS.
EAST STS. DISNEYLAND DRS. CLEMENTINE ST240 -2 5 0 E a s t P a l a is R o a d
D E V No . 2 01 3 -0 0 06 9
Subject Property APN: 08 2-482-06
ATTACHMENT NO. 1
°0 50 100
Feet
Aeria l P hoto :Ma y 2012
[DRAFT] ATTACHMENT NO. 2
- 1 - PC2014-***
RESOLUTION NO. PC2014-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2013-04937 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2013-00069)
(240-250 EAST PALAIS ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the “Planning Commission”) did receive a verified petition for Variance No. 2013-04937 to
permit and retain an existing outdoor storage yard in conjunction with a wholesale stone and
marble sales facility with fewer parking spaces than required by Code (herein referred to as the
"Proposed Project") for that certain real property located at 240-250 East Palais Road 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 2.6 acres, is developed with a
40,400 square foot warehouse building and 36,800 square foot outdoor storage area. The
Property is located in and subject to the regulations and development standards of the Industrial
(I) Zone. The Anaheim General Plan designates the Property 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 March 10, 2014 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 (herein referred to as the “Code”), to hear and consider evidence for
and against proposed Variance No. 2013-04937 and 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 within that class of projects which
consist of the repair, maintenance, and/or minor alteration of existing public or private structures
or facilities, involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the proposed project will not cause a significant effect on the environment and is,
therefore, categorically exempt from the provisions of CEQA; 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 and retain an existing outdoor storage yard in
conjunction with a wholesale stone and marble sales facility with fewer parking spaces than
required by Code, has determined that Variance No. 2013-04937 should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(93 spaces required; 43 spaces proposed)
- 2 - PC2014-***
1. That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for the proposed use 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 based upon the conclusions contained in a self-
prepared parking demand analysis submitted by the applicant and staff’s observations during the
peak operating hours of the business. These observations confirmed that ample parking will be
available for the existing business as the 43 parking spaces provided on the property can
accommodate the observed peak demand of approximately 19 parking spaces; and
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because the on-site parking within the industrial property will adequately
accommodate the peak parking demands of the wholesale stone and marble sales facility; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the on-site parking for the wholesale stone and marble sales
facility will adequately accommodate peak parking demands of all uses on the site; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use 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 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 site has existing ingress or egress access points that are
designed to allow adequate on-site circulation.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2013-04937, 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.
- 3 - PC2014-***
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
March 10, 2014. 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.
CHAIR, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 March 10, 2014, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of March,
2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 4 - PC2014-***
- 5 - PC2014-***
EXHIBIT “B”
VARIANCE NO. 2013-04937
(DEV2013-00069)
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
GENERAL CONDITIONS
1 Any graffiti painted or marked upon the premises or on
any adjacent area under the control of the property owner
shall be removed or painted over within 24 hours of
being applied.
Code
Enforcement
2 The wholesale stone and marble sales facility shall be
operated in accordance with the Letter of Request and
Parking Demand Analysis submitted as part of this
application. Any changes to the business operation as
described in that document shall be subject to review and
approval by the Planning Director to determine
substantial conformance with the Letter of Request and
Parking Demand Analysis and to ensure compatibility
with the surrounding uses.
Planning
Department
3 Within 45 days from the approval of this request, the
parking lot shall be striped according the the site plan
submitted as part of this application.
Planning
Department
4 The Applicant shall defend, indemnify, and hold
harmless the City and its officials, officers, employees
and agents (collectively referred to individually and
collectively as “Indemnities”) from any and all claims,
actions or proceedings brought against Indemnities to
attack, review, set aside, void, or annul the decision of
the Indemnities concerning this 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 Indemnities and costs of suit,
claim or litigation, including without limitation
attorneys’ fees and other costs, liabilities and expenses
incurred by Indemnities in connection with such
proceeding.
Planning
Department
- 6 - PC2014-***
NO. CONDITIONS OF APPROVAL REVIEW
BY
SIGNED
OFF BY
5 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 final invoice or prior
to the issuance of building permits for this project,
whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may
result in the revocation of the approval of this application.
Planning
Department
6 The premises shall be developed substantially in
accordance with the plans and specifications submitted to
and reviewed and approved by the City of Anaheim,
which plan is on file with the Planning Department.
Planning
Department
ATTACHMENT NO. 3
ATTACHMENT NO. 4
ATTACHMENT NO. 5
ATTACHMENT NO. 6