Resolution-PC 2015-039RESOLUTION NO. PC2015 -039
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2015 -05798 AND
VARIANCE NO. 2014 -04997 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00137)
(1701 SOUTH STATE COLLEGE BOULEVARD)
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. 2015-
05798 to permit and retain an outdoor storage area, and Variance No. 2014 -04997 to permit fewer
off - street parking spaces than required by the Zoning Code (herein referred to collectively as the
"Proposed Project ") for certain real property located at 1701 South State College Boulevard 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 2.3 acres, is currently developed
with a single wholesale business operating within three buildings, including the outdoor storage of
building materials. The Anaheim General Plan designates the Property for Industrial land uses. The
Property is located within the "I" Industrial Zone and is subject to the zoning and development
standards described in Chapter 18.10 (Industrial Zone) of the Zoning Code (the "Code "); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 18, 2015 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 proposed Conditional Use Permit No. Conditional Use
Permit No. 2015 -05798 and Variance No. 2014- 04997, and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA "), the State of California Guidelines for Implementation of the California Environmental
Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA Procedure
Manual, the City is the "lead agency" for the preparation and consideration of environmental
documents for the Proposed Project; and
WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated 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 the CEQA Guidelines,
the Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
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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. 2015- 05798, does find and
determine the following:
1. The request for a conditional use permit to permit and retain an outdoor storage yard is
properly one for which a conditional use permit is authorized by Section 18.10.030 (Uses) of the
Code, subject to imposition of conditions of approval.
2. The conditional use permit, under the conditions imposed 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 three industrial buildings and outdoor
storage is an appropriate accessory use with the industrial use; 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 three industrial buildings and there is no
proposed expansion; and
4. The traffic generated by the use would not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because the number of vehicles
entering and exiting the site are consistent with the existing industrial use site and the permitted
business; and
5. The granting of the Conditional Use Permit No. 2015 -05798 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 retail and wholesale tile and building materials facility
and the related outdoor storage area would continue to be compatible with the surrounding uses.
WHEREAS, based upon the parking justification letter submitted by the applicant, the
Planning Commission does further find and determine that the request for Variance No. 2014 -04997
to permit less parking than required by the 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.
(86 spaces required; 50 spaces proposed, including
10 off -site spaces through a License Agreement
with OCTA)
1. That the parking variance, under the conditions imposed, will not cause fewer off - street
parking spaces to be provided for the Proposed Project than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use because the site has ample parking spaces to accommodate the
use on the site. A parking justification letter and analysis was prepared by the applicant, determining
that the current number of parking spacesis sufficient to accommodate the use. The site would
continue to provide a total of 40 on -site parking spaces and 10 parking spaces by agreement with the
adjacent property owner; and, these parking spaces have proven to be adequate for the use since
2001; and
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2. That the parking variance, under the conditions imposed, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the Proposed
Project because the on -site parking on the Property will adequately accommodate the parking
demands of the Proposed Project; and
3. That the parking variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
Proposed Project because the on -site parking on the Property will adequately accommodate parking
demands of all uses on the site. The site will generate a parking demand of 20 parking spaces and 50
parking spaces will be provided; and
4. That the parking variance, under the conditions imposed, will not increase traffic
congestion within the off - street parking areas or lots provided for the Proposed Project because the
project site provides adequate ingress and egress points to the Property and are designed to allow for
adequate on -site circulation; and
5. That the parking variance, under the conditions imposed, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Proposed Project because the project site has existing ingress or egress access points that are designed
to allow adequate on -site circulation and therefore will not impede vehicular ingress to or egress from
adjacent properties upon the public streets in the immediate vicinity of the center; and
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. 2015 -05798 and Variance No. 2014 - 04997, are
hereby approved, contingent upon and subject to the conditions of approval described in Exhibit B
attached hereto, which are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 2015 -05798 and Variance No. 2014 -04997 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 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.
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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
June 1, 2015. 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.
CH IRMAN, PLANNIN COMMISSION
_O THE CITY OF AtCSHMM
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 June 1, 2015, by the following vote of the members thereof
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 1 st day of June, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00137
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0 11 c Source: Recorded Tract Maps and /or City GIS.
Feet Please note the accuracy is +/- two to five feet.
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2015-05798
VARIANCE NO. 2014-04997
(DEV2014- 00137)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
WITHIN 60 DAYS OF APPROVAL OF THE PERMIT
1
A right -of -way construction permit shall be obtained for the
Public Works
closure and reconstruction of the middle driveway on State
Department, Traffic
College Boulevard, as shown on Exhibit No. 1 (Site Plan).
Engineering
2
The parking areas shall be developed and maintained in
Public Works
conformance with Engineering Standard Details 436 and 470
Department, Traffic
pertaining to parking standards.
Engineering
3
An accessible path of travel from State College Boulevard shall
Public Works
be provided as shown on Exhibit No. 1 (Site Plan).
Department, Traffic
Engineering
4
A trash enclosure shall be constructed and maintained in in
accordance with City Standard Details. The bin in the enclosure
Public Works,
must be located within 25 feet of the trash truck circulation path.
Street and
Sanitation/Operations
5
Remove barbed wire on the fence visible from State College
Planning Department,
Boulevard. Barbed wire where visible to public right -of -way is
Code Enforcement
not permitted by Code.
Division
6
Permits shall be obtained for existing wall signs. Wall signs that
Planning Department,
are in excess of Code requirements shall be removed.
Planning Division
7
Window signs shall not shall not obscure more than ten percent
Planning Department,
of the total transparent area of any window surface.
Code Enforcement
Division
OPERATIONAL CONDITIONS
8
The gates shall remained open during business hours to allow
Planning Department,
vehicular access to handicap accessible parking spaces.
Code Enforcement
Division
9
All materials shall be stored within the outdoor storage area
Planning Department,
depicted in Exhibit No. 1 (Site Plan). No storage shall be
Code Enforcement
permitted outside of the designated storage area or within any
Division
required parking spaces.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
10
Granting of the variance shall be contingent upon operation of
Planning Department,
this facility in conformance with the assumptions and /or
Code Enforcement
conclusions relating to the operation and intensity of this use as
Division
described in the parking analysis prepared by the applicant.
Exceeding, violating, 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.
GENERAL
11
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the City of
Planning Services
Anaheim by the petitioner and which plans are on file with the
Division
Planning Department marked Exhibit No. 1 (Site Plan), and as
conditioned herein.
12
The Applicant shall defend, indemnify, and hold harmless the
Planning Department,
City and its officials, officers, employees and agents
Planning Services
(collectively referred to individually and collectively as
Division
"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.
13
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days
Planning Services
of the issuance of the final invoice or prior to the issuance of
Division
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.
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