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PC 2014/10/20 City of Anaheim Planning Commission Agenda Monday, October 20, 2014 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: John Seymour • Chairman Pro-Tempore: Michelle Lieberman • Commissioners: Peter Agarwal, Paul Bostwick, Mitchell Caldwell, Bill Dalati, Victoria Ramirez • 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, October 16, 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 10/20/14 Page 2 of 5 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. 10/20/14 Page 3 of 5 Public Hearing Items ITEM NO. 2 TENTATIVE PARCEL MAP NO. 2014-143 (DEV2014-00075) Location: 440 North Magnolia Avenue Request: To establish a two-lot commercial subdivision. 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 15 (Minor Land Divisions) Categorical Exemption. Staff Report New Correspondence Project Planner: Vanessa Norwood vnorwood@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 3372A (DEV2014-00026) Location: 1231 North Blue Gum Street Request: To amend an existing conditional use permit to construct a fuel station canopy at a truck parking, maintenance and fueling facility. 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. Staff Report New Correspondence Project Planner: Amy Vazquez avazquez@anaheim.net 10/20/14 Page 4 of 5 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2014-05758 (DEV2014-00091) Location: 5601 East La Palma Avenue Request: To permit outdoor automotive sales events at an existing credit union. 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. Staff Report New Correspondence Project Planner: Amy Vazquez avazquez@anaheim.net Adjourn to Monday, November 3, 2014 at 5:00 p.m. 10/20/14 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:45 p.m. October 15, 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. ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 20, 2014 SUBJECT: TENTATIVE PARCEL MAP NO. 2014-143 LOCATION: 440 North Magnolia Avenue APPLICANT/PROPERTY OWNER: The applicant is Julie Lugaro and the property owner is Lugaro Enterprises, Inc. REQUEST: The applicant requests approval of a tentative parcel map to establish a two-lot subdivision. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution, determining that this request is categorically exempt from the application of further environmental review under the California Environmental Quality Act (CEQA) under Class 15 (Minor Land Divisions) of the State CEQA Guidelines, and approving Tentative Parcel Map No. 2014-143. BACKGROUND: This 3.8 acre property is developed with a commercial center and a vacant area used as a seasonal strawberry field. The property is located in the General Commercial (C-G) zone and the General Plan designates the property for Corridor Residential land uses. Surrounding land uses include apartments and condominiums to the west across Magnolia Avenue, a full service car wash to the north, a single-family residence to the south and single-family residences to the east. PROPOSAL: The applicant proposes to subdivide this property into two separate parcels. Parcel 1 would consist of 2.3 acres and would include the two existing commercial buildings. Parcel 2 would consist of the 1.5 acre strawberry field. Upon subdivision, vehicular access would continue to be provided to both properties from Magnolia Avenue. Although no development is proposed as part of this request, the applicant indicates that the subdivision would facilitate future development of Parcel 2 with residential uses consistent with its General Plan designation. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net TENTATIVE PARCEL MAP NO. 2014-143 October 20, 2014 Page 2 of 2 ANALYSIS: Planning Commission review of a tentative parcel map is required to ensure the proposed subdivision is adequate to support existing and future development; provides safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets; and does not limit or adversely affect the growth and development potential of adjoining land. The proposed parcels comply with these subdivision standards as well as all applicable zoning requirements. CONCLUSION: Staff recommends approval of the subdivision because the proposed parcels comply with all applicable requirements and the lots would be of sufficient size to support quality development consistent with the City’s General Plan. Prepared by, Submitted by, Vanessa Norwood Jonathan E. Borrego Associate Planner Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Tentative Parcel Map Resolution 3. Applicant’s Request 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. Tentative Parcel Map 5. Site Photographs C-GRETAIL RS-2SINGLE FAMILY RESIDENCERS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCE RS-2SINGLE FAMILY RESIDENCERM-4SPRING TREEAPARTMENTS112 DU RM-2WATERPUMP RM-2CONDOS44 DU RM-4APARTMENTS21 DU PRDAD MILLERGOLF COURSE RM-2CONDOS114 DU RS-2SINGLE FAMILY RESIDENCEC-GCAR WASH TVACANT TPETER MARSHALLELEMENTARY SCHOOL W C RESC E N T AV E N MAGNOLIA AVEN HANOVER STN HARCOURT STW BAYLOR CIR W MADISON CIRW CAMERON CT W MADISON CIR W MADISON CIRW MADISON CIR W. LINCOLN AVE W. BROADWAY W. LA PALMA AVE W. CRESCENT AVEN. MAGNOLIA AVEN.BROOKHURSTSTN. DALE AVE.CRESCENT AVE W. LINCOLN AVE 4 4 0 North Magnolia Ave D EV No. 2 0 14-00075 Subject Property APN: 071-491-30 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 13 W CRESCENT AVE N MAGNOLIA AVEN HANOVER STN HARCOURT STW BAYLOR CIR W MADISON CIRW CAMERON CT W MADISON CIR W MADISON CIRW MADISON CIR W. LINCOLN AVE W. BROADWAY W. LA PALMA AVE W. CRESCENT AVEN. MAGNOLIA AVEN.BROOKHURSTSTN. DALE AVE.CRESCENT AVE W. LINCOLN AVE 440 North Magnolia Ave DEV No. 2014-00075 Subject Property APN: 071-491-30 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: May 2013 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING TENTATIVE PARCEL MAP 2014-143 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00075) (440 NORTH MAGNOLIA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the “Planning Commission”) did receive a verified Petition for Tentative Parcel Map No. 2014-143 to subdivide one parcel into two parcels (herein referred to as the "Parcel Map") for certain real property located at 440 North Magnolia Avenue 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 3.8 acres, is developed with two commercial buildings. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located within the General Commercial (“CG”) Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (General Commercial Zone) 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 October 20, 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 (Procedures) of the Code, to hear and consider evidence for and against the proposed Parcel Map, 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 Parcel Map is within that class of projects which consists of a the division of property meeting the conditions described in Section 15315 of the California Code of Regulations (the "CEQA Guidelines"); that is, (a) consists of the division of property in an urban area zoned for residential, commercial or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, (b) no variances are required, (c) all services and access to the proposed parcelsproject site to local standards are available, the (d) the existing parcel was not involved in the division of a larger parcel within the previous two years, and and (e) the existing parcel does not have an average slope greater than 20 percent at the time of this determination., and that, Therefore, pursuant to Section 15315 of Title 14 of the California Code of Regulations CEQA Guidelines, the proposed project Parcel Map 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 Tentative Parcel Map No. 2014-143, does find and determine the following facts: - 1 - PC2014-*** 1. The proposed division, including its design and improvements, is consistent with the Corridor Residential land use designation in the Anaheim General Plan and, the zoning and development standards of the “CG” Genral Commercial zone contained in Chapter 18.06 (General Commercial Zone) of the Code; and 2. The site is physically suitable for the type and density of the Parcel Map in conformance with the development standards of the “CG” General Commercial Zone ; and 3. The design of the division is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, as no sensitive environmental habitat has been identified in the vicinity; and 4. The design of the division or the type of improvements is not likely to cause serious public health problems, as no development is proposed as part of this request. Any future development requests would be required to comply with the standards of the “CG” General Commercial Zone; and 5. The design of the division or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Tentative Parcel Map No. 2014-143, 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. - 2 - PC2014-*** 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 regular meeting of the Planning Commission held on October 20, 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the Planning Commission of the City of Anaheim held on October 20, 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 20th day of October, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** - 4 - PC2014-*** EXHIBIT “B” TENTATIVE PARCEL MAP NO. 2014-143 (DEV2014-00075) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO RECORDATION OF THE PARCEL MAP 1 The Owner shall irrevocably offer to dedicate to the City of Anaheim an easement for Road, Public Utilities, and other Public purposes 53 feet from the Centerline of Magnolia Ave to the Ultimate Right of Way in an event order to cover any right of way gaps that have not been dedicated to the City of Anaheim. Public Works Department, Development Services Division 2 An improvement certificate shall be placed on the final map to indicate that all street improvements along Magnolia Avenue per Public Works Standard Detail 160-A shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Public Works Department, Development Services Division 3 An improvement certificate shall be placed on the final map to indicate that all required public sewer and storm drain improvements shall be constructed prior to final building and zoning inspections as directed by the City Engineer for future building or grading site development plans. Public Works Department, Development Services Division 4 The vehicular access rights to Magnolia Ave shall be released and relinquished to the City of Anaheim except at approved street openings. Public Works Department, Development Services Division GENERAL 5 The Parcel Map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be filed in the Office of the Orange County Recorder. Public Works Department, Development Services Division 6 Conditions of approval related to each of the timing milestones above shall be prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and Planning Department, Planning Services Division - 5 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. 7 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 8 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 9 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division - 6 - PC2014-*** ATTACHMENT NO. 3 Minor W. SmithATTACHMENT 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. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING DEPARTMENT DATE: OCTOBER 20, 2014 SUBJECT: AMENDMENT TO CONDITIONAL USE PERMIT NO. 3372 LOCATION: 1231 North Blue Gum (Anaheim Truck Depot) APPLICANT/PROPERTY OWNER: The agent is Scott Schlabsz with Environ Strategy Consultants, Inc., representing the applicant and owner, Republic Waste Services of Southern California, LLC. REQUEST: The applicant is requesting approval of an amendment to a conditional use permit to construct a fuel station canopy at an existing truck storage, maintenance and fueling facility. 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 an amendment to Conditional Use Permit No. 3372. BACKGROUND: The 8.9-acre property is developed with a truck storage, maintenance and fueling facility and is located in the Northeast Area Specific Plan, Development Area 1A- Industrial Area; Recycling Overlay zone (SP94-1, DA 1A). The General Plan designates this property for Industrial uses. Surrounding land uses are industrial in all directions. Conditional Use Permit No. 3372, to permit a truck storage, maintenance and fueling facility with a front setback less than required by the Zoning Code, was approved by the Planning Commission on December 17, 1990. PROPOSAL: The applicant proposes to construct an 18,750 square foot metal canopy over the business’s existing fueling facility. The canopy would be attached to the east elevation of the truck maintenance building and set back 10 feet from Blue Gum Street. The canopy would be 13 feet in height and painted blue to match the trim of the adjacent industrial building. The applicant also proposes to plant fourteen, 36-inch box trees and shrubs to enhance the existing landscaping within the building setback along Blue Gum Street. This landscaping would help soften the appearance of the canopy as viewed from the public street. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net AMENDMENT TO CONDITIONAL USE PERMIT NO. 3372 October 20, 2014 Page 2 of 2 ANALYSIS: The Zoning Code permits truck fueling facilities in this zone, subject to approval of a conditional use permit. The Zoning Code requires a public hearing for modifications to conditional use permits that were approved more than ten years ago and for modifications that represent a substantial change to the original site plan. Since the original conditional use permit was approved more than 20 years ago, and the new canopy represents a substantial addition to the previously-approved site plan, a public hearing is required. The canopy would have a setback of 10 feet from Blue Gum Street. The required structural setback along Blue Gum Street is 50 feet, however, a fuel station canopy is a permitted encroachment and no variance is required. The applicant indicates that the proposed fuel station canopy would improve upon the facility’s Best Management Practice (BMP’s) relating to storm and surface water management. The proposed canopy would prevent rain water from coming in contact with any fuel spills. Rain water from the roof of the canopy would be directed to the landscaping along Blue Gum Street. The construction of the canopy over the existing fuel station in combination with the proposed enhancements to the landscape setback would result in significant operational and aesthetic improvements to the site; therefore, staff recommends approval of this request. CONCLUSION: The truck facility has been operating at this location for several years in a manner compatible with the surrounding uses. The proposed fuel station canopy meets all requirements of the Zoning Code and is designed in a manner that would minimize aesthetic impacts to the surrounding area. Staff recommends approval of this conditional use permit amendment. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Resolution 3. Applicant’s Letter of Request 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 website at www.anaheim.net/planning. 4. Site Plan 5. Landscape Plan 6. Elevation Plan 7. Photographs S P 9 4 -1 D A 1 A P A R K IN G L O T S P 9 4 -1 D A 1 A IN D U S T R IA L S P 9 4 -1 D A 1 A R E G A L P A R K B U S IN E S S C E N T E R S P 9 4 -1 D A 1 A W O R L D W A S T E S P 9 4 -1 D A 1 A IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 1 IN D U S T R IA L S P 9 4 -1 D A 5 IN D U S T R IA L S P 9 4 -1 D A 1 A IN D U S T R IA L N BL UE GUM STE C O R O N A D O S T E R E G A L P A R K D R E LA C R E S T A A V E E G R E T T A LN E . L A P A L M A A V E E . M IR A L O M A A V E N. STATE COLLEGE BLVDN. SUNKIST STN. RIO VISTA ST1 2 3 1 North Blue G um Street D EV No. 2 0 14-00026 Subject Property APN: 344-394-05 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 13 N B LUE GUM ST E CORONADO S T E REGAL PARK D R E LA CRESTA A V E E GRETTA LN E. LA PAL M A A V E E. MIRALO M A A V E N. STATE COLLEGE BLVDN. SUNKIST STN. RIO VISTA ST1231 North Blue Gum Street DEV No. 2014-00026 Subject Property APN: 344-394-05 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: May 2013 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3372 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00026) (1231 NORTH BLUE GUM STREET) WHEREAS, on December 17, 1990, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") adopted Resolution No. PC90-285, approving Conditional Use Permit No. 3372 to permit a truck parking with maintenance and fueling use with waiver of minimum front setback on an industrial property (herein referred to as the "Original CUP") on that certain real property located at 1231 North Blue Gum in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"). 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, pursuant to Section 18.60.190 of the Anaheim Municipal Code ("Code"), the applicant filed a petition to amend the Original CUP to permit the construction of a fuel station canopy (herein referred to as the "Proposed Project"). Said amendment is designated as Conditional Use Permit No. 3372A; and WHEREAS, the Property is approximately 8.9-acres in size and is developed with a truck parking, maintenance and fueling facility. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the Industrial Area – Recycling Overlay Area (Development Area 1A) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Code. The underlying base zone for the Property is the "I" (Industrial) Zone; and WHEREAS, on October 20, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 3372A, 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 - 1 - PC2014-*** 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. 3372A, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized under Subsection .050 of Section 18.120.060 of the Code. 2. The Proposed Project will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because this truck parking and maintenance facility has been in operation for several years and the installation of a fuel canopy is compatible with surrounding land uses; 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 as a truck parking, maintenance and fueling facility and the proposed expansion of the truck canopy will be beneficial to the operation of this 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 traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets; and 5. The granting of Conditional Use Permit No. 3372A 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 3372A is hereby approved, thereby amending the Original CUP, which approval is contingent upon and subject to the conditions of approval described in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"), which Revised Conditions of Approval are hereby found to be a necessary prerequisite to the proposed use of the subject Property in order to preserve the safety and general welfare of the citizens of the City of Anaheim. - 2 - PC2014-*** BE IT FURTHER RESOLVED that effective upon the effective date of this Resolution, the Revised Conditions of Approval amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP and this Conditional Use Permit No. 3372A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 3372A. BE IT FURTHER RESOLVED that the Revised Conditions of Approval are hereby found to be a necessary prerequisite to the proposed use of the Property under the Original CUP and this Conditional Use Permit No. 3372A 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. BE IT FURTHER RESOLVED that this permit 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 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 Conditional Use Permit No. 3372A 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 - PC2014-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 20, 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on October 20, 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 20th day of October, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2014-*** - 5 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 3372A (DEV2014-00026) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. Planning Department, Code Enforcement Division 2 The water used on-site shall be recycled to the greatest extent possible. Planning Department, Planning Services Division 3 The parking areas adjacent to Blue Gun Street and Coronado Street shall be screened from view. Planning Department, Planning Services Division 4 The fenced truck storage area shall remain open during regular business hours as required by the City Traffic Engineer. Public Works Department, Engineering Division GENERAL CONDITIONS 5 The subject Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. Planning Department, Planning Services Division 6 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 7 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 - 6 - PC2014-*** October 1, 2014 City of Anaheim Planning Department 200 S. Anaheim Blvd., Suite 162 Anaheim, California 92805 Subject: Letter of Request Republic Services, Inc. - Anaheim Truck Depot Canopy 1231 N. Blue Gum Street Dear Sirs: As per your Development Application Requirements, we are submitting this Letter of Request on behalf of Republic Services, Inc. (Republic). Republic is requesting an amendment to their existing Conditional Use Permit (CUP3372A) in order to construct an 18,750 sf metal canopy over their existing Anaheim Truck Depot fueling operations. There are special circumstances based on the size of the canopy that would deprive the property from implementing required improvements for management of stormwater. We are providing the following reasons as justification for the request: 1. Republic is improving its stormwater Best Management Practices (BMP’s) by implementing various improvements over its entire property. 2. This particular canopy will prevent rain water from coming in contact with any fuel spills. Berms will be installed at the north and south ends of the canopy to prevent any run-off or run-on of stormwater. Rain water from the roof will be directed to an existing landscaped area along Blue Gum street. 3. Additional landscaping is being proposed to further enhance the existing street frontage views. 4. The addition of this canopy will not have any effect to the surrounding land uses as it will only be providing a cover over an existing operation. 5. This is an existing 24 hour per day Fueling Facility that has been in operation for over twenty years under full compliance with all requirements set forth by the City of Anaheim. If you have any questions regarding this letter or would like to further discuss the details, please do not hesitate to contact me at (714) 919-6515. Very truly yours, ENVIRON STRATEGY Scott Schlabsz Project Manager Promoting People, Partnerships, Performance and Environmental Stewardship ATTACHMENT NO. 3 5JGGV0QQH525KVG2.#0 $NWG)WO5VTGGV #PCJGKO%CNKHQTPKC 2TQLGEV#$&CVG &TCYP$[&4 %JGEMGF$[05% &CVG &GUETKRVKQP 5KVG2NCP4GX5+6'52'%+(+%#6+1052412'46;+0(14/#6+10 #ETGCIG6QVCN#ETGCIG+ORTQXGOGPV#TGC75#)'&KGUGN(WGNKPI#TGC241215'&5647%674'2TQRQUGF%CPQR[ UHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA6QVCN5VTWEVWTG#TGC UH.#0&5%#2+0) #TGC'ZKUVKPIUH2TQRQUGFUHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA6QVCN.CPFUECRKPI#TGC UH6QVCN2TQRGTV[#TGC $.&)5 2#8'&574(#%' #TGC'ZKUVKPIUHAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA6QVCN+ORGTXKQWU#TGC UH6QVCN2TQRGTV[#TGC 08+%+0+6;/#2'.#2#./##8''.#2#./##8''%1410#&156'/+4#.1/##8'0570-+5656'14#0)'6*142'#8'0$.7')7/560-4#'/'4$.8&52.# % ' 0 6 + #  # 8 ' 065.')#.&'5%4+26+10RCTEGNCUUJQYPQPNQVNKPGCFLWUVOGPVRNCVPQKPVJGEKV[QHCPCJGKOEQWPV[QHQTCPIGUVCVGQHECNKHQTPKCTGEQTFGFLWN[CUKPUVTWOGPVPQÄCPFTGEQTFGFOC[CUKPUVTWOGPVPQÄDQVJQHQHHKEKCNTGEQTFUQHQTCPIGEQWPV[ECNKHQTPKC'08+410564#6');%1057.6#065+0%96#(6#8'07'14#0)'%#6'.  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Ä%106#%6&#0%#2'0'4'OCKNÄFECRGPGT"TGRWDNKEUGTXKEGUEQO2TGRCTGF$[#RRNKECPV05+6'/#25%#.'ž241,'%6&'5%4+26+10KPUVCNNCVKQPQHCUHECPQR[QXGTVJGGZKUVKPIEQPETGVGHWGNKUNCPFCTGC2#4-+0)'ZKUVKPI5VCNNU JE2TQRQUGF5VCNNU$.7')7/564''6 %1//'4%+#.+0&7564+#.<10'%.%.%1//'4%+#.+0&7564+#.<10'(4''9#; %1//'4%+#.+0&7564+#.<10'%1410#&1564''6PQVCRCTV':+56+0)5(žZž%#012;2TGRCTGFHQT0ž'ž0ž9ž0ž'ž0ž9ž':+56+0)&+'5'.(7'.+5.#0&':+56+0)647%-9#5*':+56+0)%0)(#%+.+6;':+56+0)2#+06$116*':+56+0)%0)6#0-5 &+52'05'45':+56+0)12'4#6+105 /#+06'0#0%'(#%+.+6;241215'&5(žZž%#012;S:\0850_Republic of So.Cal. - BMP Design\CAD\Truck O&M\Canopy\Diesel Fuel Depot_recover.dwg, 10/8/2014 7:39:37 AM, DWG To PDF.pc3 ATTACHMENT NO. 4 5JGGV0QQH.2.CPFUECRKPI2.#0 $NWG)WO5VTGGV #PCJGKO%CNKHQTPKC 2TQLGEV#& &CVG&TCYP$[&4 %JGEMGF$[05% &CVG &GUETKRVKQP .CPFUECRKPI2NCP4GX2TGRCTGFHQT .GIGPF05+6'/#25%#.'ž$.7')7/564''6%1//'4%+#.+0&7564+#.<10'%.%.%1410#&1564''6':+56+0)12'4#6+105 /#+06'0#0%'(#%+.+6;':+56+0))4#55':+56+0)+%'2.#06':+56+0)64''':+56+0)5*47$5%4''0241215'&64''241215'&5*47$241215'&%#012;#&&+6+10#.64''561616#.64'''8'4;ž64''2'42#4-+0)52#%'5 64''2'45(Ä4'3ž&#&&+6+10#.5*47$5612418+&'%106+071755%4''0S:\0850_Republic of So.Cal. - BMP Design\CAD\Truck O&M\Canopy\Diesel Fuel Depot_recover.dwg, 10/8/2014 7:39:09 AM, DWG To PDF.pc3 ATTACHMENT NO. 5 5JGGV0QQH'.'NGXCVKQPU $NWG)WO5VTGGV #PCJGKO%CNKHQTPKC 2TQLGEV#& &CVG &TCYP$[&4 %JGEMGF$[05% &CVG &GUETKRVKQP 'NGXCVKQPU4GX2TGRCTGFHQT ':+56+0)#4%*+6'%674#.8'06 6;2 5(žS:\0850_Republic of So.Cal. - BMP Design\CAD\Truck O&M\Canopy\Diesel Fuel Depot_recover.dwg, 10/8/2014 7:37:32 AM, DWG To PDF.pc3 ATTACHMENT NO. 6 Photographs Anaheim Truck Depot ATTACHMENT NO. 7 200 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: OCTOBER 20, 2014 SUBJECT: CONDITIONAL USE PERMIT NO. 2014-05758 LOCATION: 5601 East La Palma Avenue (WESCOM Credit Union) APPLICANT/PROPERTY OWNER: The applicant is Maureen Weneta of Cars- Net, Inc., and the property owner is WESCOM Credit Union. REQUEST: The applicant is requesting approval of a conditional use permit to allow outdoor automotive sales events at an existing credit union. RECOMMENDATION: Staff recommends that the Planning Commission approve 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. 2014-05758. BACKGROUND: This 5.8-acre property is developed with a four story office building and is located in the Northeast Area Specific Plan, Development Area 2- Expanded Industrial zone (SP94-1, DA2) and in the Scenic Corridor Overlay zone. The General Plan designates this property for Low Intensity Office uses. The property is surrounded by a church to the north, a movie theater to the east, an office building to the west and an industrial park to the south across La Palma Avenue. PROPOSAL: The applicant proposes to permit outdoor automotive sales events in the parking lot of WESCOM Credit Union. The sales events would be held Saturdays from 9 a.m. to 6 p.m. and Sundays from 10 a.m. to 5 p.m. Events would be held up to three weekends per year. Approximately 175 cars would be delivered to the credit union parking lot Friday evening at 5 p.m. and would be moved off the property by 8 p.m. on Sunday. The sales would be held specifically for members of the credit union and all financing would take place within the building. It is anticipated that a maximum of 150 credit union members would visit the sales events. Security would be provided on a 24-hour basis during the entire weekend sale. No changes to the interior or exterior of the office building are proposed. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PERMIT NO. 2014-05758 October 20, 2014 Page 2 of 2 ANALYSIS: A conditional use permit is required to permit vehicle sales agencies and lots in this zone in order to determine compatibility with the surrounding area. Because the outdoor automotive sales events would only take place two to three times per year and, as described below, adequate parking will be provided, staff believes the use will be compatible with surrounding businesses. Furthermore, the request to allow automotive sales events in conjunction with the existing credit union is consistent with the goals of the Northeast Area Specific Plan which are intended to encourage growth of existing businesses. Parking: The property contains a total of 397 parking spaces; therefore, the parking provided for the 175 display vehicles and the maximum of 150 participating credit union members is adequate to accommodate the proposed automotive sales events. WESCOM Credit Union and CUSO Mortgage Inc. are the only two businesses that occupy the office building. The mortgage company has business hours Monday through Friday and would not be in operation during the weekend sales events. In 2001, a recorded Parking Agreement was established with the church to the north allowing congregants to park in the WESCOM parking lot during weekend church services. Since this parking lot would be utilized for the display of vehicles, WESCOM and the church operator have made arrangements to utilize the parking structure to the west during those weekends when sales events take place. This structure is lightly used on the weekends as it serves the adjacent office use. A condition of approval in the draft resolution requires that this parking arrangement allowing use of the adjacent structure remain in effect during the duration of these sales events. CONCLUSION: Staff believes that the proposed outdoor automotive sales events are compatible with the land uses in the surrounding area and that parking is adequate to accommodate the proposed use. Staff recommends approval of this request. Prepared by, Submitted by, Amy Vazquez Jonathan E. Borrego Associate Planner, Lilley Planning Group Planning Services Manager Attachments: 1. Vicinity and Aerial Maps 2. Draft Conditional Use Permit Resolution 3. Applicant’s Letter of Request 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. Photographs 5. Site Plan SP 94-1 (SC)DA2WESCOM CREDIT UNION SP 94-1 (SC)DA2INDUSTRIAL SP 94-1 (SC)DA2ANAHEIMHILLSHEALTHPLAZA SP 94-1 (SC)DA5RETAIL SP 94-1 (SC)DA2RELIGIOUS USE SP 94-1 (SC)DA5CINEMACITYTHEATER SP 94-1 (SC)DA2CANYONOFFICECENTER SP 94-1 (SC)DA 2INDUSTRIAL SP 94-1 (SC)DA 2INDUSTRIAL E LA PALMA AVE E. LA PALMA AVE N. IMPERIAL HWYE .S A N T A A N A C A N YONRDE. ORANGETHORPE AVE E.S A N T A A N A CANYON RD E.LA PALMAAVE5 6 0 1 East La P alma Avenue D EV No. 2 0 14-00091 Subject Property APN: 346-271-16346-271-17 ATTACHMENT NO. 1 °0 50 100 Feet Aeri al Ph oto :May 20 13 E LA PALMA AVE E. LA PALMA AVE N. IMPERIAL HWYE .S A N T A A N A C A N Y O N R D E. ORANG E T H O R P E A V E E.S A NT A A N A CANYON RD E .L A P A LMAAVE5601 East La Palma Avenue DEV No. 2014-00091 Subject Property APN: 346-271-16 346-271-17 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: May 2013 [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2014-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014-05758 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014-00091) (5601 EAST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2014-05758 to permit outdoor automotive sales events at an existing credit union (referred to herein as the "Proposed Project") for that certain real property located at 5601 East La Palma Avenue 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 is approximately 5.8 acres in size and is currently developed with an office building. The Property is located in the Expanded Industrial Area (Development Area 2) of the Northeast Area Specific Plan Area and is subject to the zoning and development standards of Chapter 18.120 (Northeast Area Specific Plan No. 94-1 (SP 94-1) Zoning and Development Standards) of the Anaheim Municipal Code ("Code"). The underlying base zone for the Property is the "I" (Industrial) Zone. The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor (SC) Overlay Zone) of the Code shall apply to the Property and shall supersede any inconsistent regulations of the "I" (Industrial) Zone. The Anaheim General Plan designates the Property for Office-Low land uses; 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 (i.e., Class 1 – Existing Facilities) 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, on October 20, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014-05758 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 with respect to outdoor automobile sales events at an existing credit union, does find and determine the following facts: - 1 - PC2014-*** 1. The proposed request to permit outdoor automotive sales events is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in paragraph .0544 of Subsection .050 of Section 18.120.070 of the Code. 2. The proposed conditional use permit to permit outdoor automotive sales events, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the property is surrounded by compatible buildings and uses. 3. The size and shape of the site for the use is adequate to allow the full development of the automotive sales events in a manner not detrimental to the particular area or to the health and safety because the outdoor sales would be located within a large parking lot that is sufficient to accommodate the use. 4. The traffic generated by the automotive sales will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 as the proposed land use will continue to be integrated with the surrounding area and would not pose a health or safety risk to the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014-05758, 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 Anaheim Municipal 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. - 2 - PC2014-*** BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 October 20, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 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, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on October 20, 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 20th day of October, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2014-*** - 4 - PC2014-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2014-05758 (DEV2014-00091) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The outdoor automotive sales events shall be limited to three weekends per year. Planning Department, Planning Services Division 2 The outdoor automotive sales events shall not exceed a maximum of 175 display vehicles. Planning Department, Planning Services Division 3 The business shall be operated in accordance with the Letter of Request 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 to ensure compatibility with the surrounding uses. Planning Department, Planning Services Division PRIOR TO COMMENCMENT OF USE 4 Prior to the first weekend outdoor automobile sales event to be held on the parking lot of the Wescom property, Wescom or its successors or assigns (collectively referred to as "Wescom") shall obtain approval from the owner (or its successors or assigns) of certain real property commonly known as 5515 E. La Palma Avenue, of an agreement approved as to form by the City Attorney, whereby Wescom arranges with Calvary Chapel of Placentia or its successors or assigns ("Calvary Chapel"), the owner of that certain property commonly known as 5605 E. La Palma Avenue, and the owner of 5515 E. La Palma Avenue to permit Calvary Chapel the right to allow its employees and invitees to park up to 332 vehicles at 5515 E. La Palma Avenue or on a combination of both the 5515 E. La Palma Avenue property and the Wescom property on the days and at the times of the outdoor automobile sales event. Prior to all subsequent outdoor automobile sales events on the Wescom property, Wescom shall obtain the same approval from the property owner of 5515 E. La Palma. If the owner of 5515 E. La Palma Avenue is unwilling or unable for any reason to enter into such a parking agreement, Wescom may enter into a similar agreement with another property owner acceptable to the Planning Director meeting the criteria set forth in paragraph .0302 of Subsection .030 of Section 18.42.050 of the Anaheim Municipal Code that affords Planning Department, Planning Services Division - 5 - PC2014-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT Calvary Chapel with the replacement parking to which it is entitled on the days and at the times of the weekend outdoor automobile sales event. GENERAL CONDITIONS 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, Planning Services Division 6 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 7 The Property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning Department, Planning Services Division - 6 - PC2014-*** Wescom General Plan Justification letter Located at: 5601 E. La Palma Ave Anaheim, CA 92807 Event Dates: Saturday November 15, 2014 from 9 am – 6:00 pm Sunday November 16, 2014 from 10am – 5:00 pm Set up: Friday November 14 beginning at 5 pm Expected Attendance: Saturday November 15 Approx.: 150 Adults Sunday November 16 Approx.: 100 Adults The purpose of this Private event is to offer the members of Wescom Credit Union an opportunity to purchase a pre-owned car, in the comfort of their own Credit Union environment, at pre-negotiated discounted prices. All loans will go through Wescom Credit Union, thus, allowing members to get a low interest rate, while allowing the America’s loan officers to audit each transaction to verify the “Value Proposition” for each member. Tent Vendor and Proposed Lay out All credit Union financing will be done inside the credit union building. Where all loan paperwork will be done. The Credit Union Building will be used as intended. There will be a 2 - 20 x 20 canopy tents set out side the entrance. These tents will not have walls and will be used as shaded areas for members to sit and discuss details of their auto transactions with the participating Dealerships as well as with the Credit Union Reps. There will be tables and chairs for members to sit at as well. (See attached Tent Lay-out). There will be NO Barricades, barriers or fences as they are not necessary or needed for this event. Security Plan & Protection: Cars-Net, Inc. will provide round the clock/overnight security to guard the vehicles that are offered for sale. This is our standard form of security for our Car Sale Events. We will be using 1 to 2 guards at all times. Restrooms: Members will be using the Restrooms Inside the Credit Union Building as well as a portable restrooms set up out side. (See site overview) ATTACHMENT NO. 3 Fire and Safety and Traffic Precautions: Cars net will be in full compliance with all Traffic, Fire and Safety regulations. There will not be an impact on traffic as site is being used as intended…a parking lot. Members will be using the entrance and exit for normal traffic patterns. Traffic Control Plan All Credit Union Members and car sale employees will be parking in the indicated spaces at the Credit Union parking lot. They will safely follow the Traffic entrances and exits Cars-net will be staging approximately 175 vehicles in the indicated Parking Spots. We will be monitoring all test drives. There will be a “Check in and Out” system for each test drive entering and exiting that area Please see Site Diagram for traffic plan. There will be no overnight participants at this sale. Sanitation and clean up: Cars net, Inc. will have parking lots and cleaned throughout the day, with a final clean up at the end of the sale. All vehicles will be moved out Sunday evening by 8:00pm and the lot will be cleaned. Alcohol /Drug Consumption: THERE WILL BE NO ALCHOLHOL CONSUMPTION OR SALES. Cars net will enforce a ZERO Tolerance Policy for any use of alcohol and drugs at this event. Cars net Contacts: Debbie Lares Office Manager 714-720-5572 Maureen Weneta Permits/DMV/Insurance 714-720-7035 Jerry Foley Project Manager 714-743-5722 Jim Weneta Owner 714-720-5578 Jennifer Jennings Marketing Coordinator 714-701-9186 Wescom Parking Lot Pics ATTACHMENT NO. 4 E. LA PALMA AVENUEO.C. FLOOD CONTROL CHANNELPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEC.U. BLDGPARKING LOTPARKING LOTPROPERTY LINEPROPERTY LINEPARKING LOTSALES AREASheet NameBy CheckSeal/SignatureReasonDateThis drawing and the design shown are the property ofLittle Diversified Architectural Consulting. The reproduction,copying or other use of this drawing without their written consent isprohibited and any infringement will be subject to legal action.© Little 2014T: 949.698.1400 F: 949.698.1433w w w . l i t t l e o n l i n e . c o m Costa Mesa, CA 926271901 Newport Blvd., Suite #300,SK1623-3108-00Project StatusSITE EXHIBITWESCOMANAHEIMIssue Date 1" = 40'-0"SK12SITE PLANNorthATTACHMENT 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.