Resolution-PC 2014-036RESOLUTION NO. PC2014 -036
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05722 AND
VARIANCE NO. 2014 -04958 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00001)
(1711 SOUTH STATE COLLEGE BOULEVARD AND 1981 EAST WRIGHT CIRCLE)
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.
2014 -05722 and Variance No. 2014 -04958 to permit and retain an outdoor storage area, including
a variance to allow fewer parking spaces than required by the Anaheim Municipal Code (herein
referred to as the "Proposed Project ") for certain real property located at 1711 South State College
Boulevard and 1981 East Wright Circle 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 1.05 acres, is developed with a
warehouse and wholesale business. The Anaheim General Plan designates the Property for
Mixed Use land uses. The Property is located within the Industrial (1) 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 May 19, 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
Code, to hear and consider evidence for and against said proposed Conditional Use Permit No.
2014 -05722 and Variance No. 2014 - 04958, 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 (Class 1 — Existing Facilities) 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 for Conditional Use Permit No. 2014 - 05722, does find
and determine the following facts:
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I . The request to permit and retain an outdoor storage area in the Industrial (I) Zone is
properly one for which a conditional use permit is authorized by Section 18.10.030
(Conditionally Permitted Uses) of the Code.
2. The request to permit and retain an outdoor storage area 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 outdoor storage 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 of the current use; and
4. The traffic generated by the Proposed Project will 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 business; 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 an
outdoor storage area should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(33 spaces required; 16 spaces proposed)
1. 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 the use on the site. The parking analysis for the Proposed Project indicates that a
maximum demand of 10 parking spaces is currently needed for the business. The site will
provide a total of 16 spaces, therefore, ample parking will be provided for the site; and
2. 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 Project; and
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3. 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 10 parking
spaces and 16 parking spaces will be provided; and
4. 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. 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. 2014 -05722 and Variance No. 2014 - 04958, 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 19, 2014. 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.
CHAIR, ANAHEIM CITY P t ING 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 May 19, 2014, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 19 day of May, 2014.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "Aft
DES' NO. 2014 -00001
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PC2014 -036
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05722
VARIANCE NO. 2014-04958
(DEV2014- 00001)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
WITHIN 60 DAYS OFAP PROVAL OF THE PERMIT
1
The perimeter of the outdoor storage area shall be screened to a
Planning
height of not less than six (6) feet by a chain link fence entirely
Department,
interwoven with PVC slats. Photographs shall be submitted to the
Planning Services
Planning Department documenting completion of this condition.
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2
The parking areas shall be striped to provide 16 parking spaces as
Planning
depicted in Exhibit No. 1 (Site Plan). Photographs shall be submitted
Department,
to the Planning Department documenting completion of this
Planning Services
condition.
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OPERATIONAL CONDITIONS
3
Granting of the variance shall be contingent upon operation of this
Planning
facility in conformance with the assumptions and/or conclusions
Department, Code
relating to the operation and intensity of this use as described in the
Enforcement
parking analysis prepared by the applicant. Exceeding, violating,
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intensifying or otherwise deviating from any of said assumptions
and /or conclusions, as contained in the letter, may subject this permit
to termination pursuant to the provisions of Chapter 18.60 -
Procedures of the Anaheim Municipal Code.
4
All materials shall be stored within the outdoor storage area depicted
Planning
in Exhibit No. 1 (Site Plan). No storage shall be permitted outside of
Department, Code
the designated storage area or within any required parking spaces.
Enforcement
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5
A drive aisle for trash truck circulation, as depicted in Exhibit No. 1
Public Works
(Site Plan), shall be maintained within the storage area.
Department, Streets
and Sanitation
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6
The Property shall be permanently maintained in an orderly
Planning
fashion through the provision of regular landscaping maintenance,
Department, Code
removal of trash or debris, and removal of graffiti within twenty
Enforcement
four (24) hours from time of occurrence.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL
7
The subject Property shall be developed substantially in
Planning
accordance with plans and specifications submitted to the City of
Department,
Anaheim by the petitioner and which plans are on file with the
Planning Services
Planning Department marked Exhibit No. 1, and as conditioned
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herein.
8
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning Services
any and all claims, actions or proceedings brought against
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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.
9
The applicant is responsible for paying all charges related to the
Planning
processing of this discretionary case application within 30 days of
Department,
the issuance of the final invoice or prior to the issuance of building
Planning Services
permits for this project, whichever occurs first. Failure to pay all
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charges shall result in delays in the issuance of required permits or
may result in the revocation of the approval of this application.
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