Loading...
Resolution-PC 2019-003RESOLUTION NO. PC2019-003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05834 AND VARIANCE NO. 2015-05042 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00103) (7 10 EAST BALL ROAD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2015- 05834 to permit general retail showroom and (ii) Variance No. 2015-05042 to allow fewer parking spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") (collectively referred to herein as the "Proposed Project") for premises located within a portion of that certain real property at 710 East Ball Road in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, on March 15, 1988, the City Council reviewed and approved a Conditional Use Permit to allow a Liquidation Sales Outlet with a waiver of the minimum number of parking spaces for the Property; WHEREAS, the Property is approximately 5.11 acres in size and is currently developed with a 122,300 square feet industrial warehouse. The Anaheim General Plan designates the Property for Industrial land uses. The Property is located in the "I" Industrial Zone and is subject to the zoning and development standards of Chapter 18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the above entitlements are hereby referred to as "Previous Conditions of Approval". WHEREAS, "general retail showrooms" and "outdoor storage yards" are conditionally permitted uses; and "warehousing and storage — enclosed" is a permitted use within the "I" Industrial Zone, WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 7, 2019 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 Zoning Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2015-05834 and Variance No. 2015-05042, 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; 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 - 1 - PC2019-003 WHEREAS, 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 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 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. 2015-05834, does find and determine the following: 1. The proposed general retail showroom within an existing industrial building and the outdoor storage yard are allowable uses within the "I" Industrial zone, subject to approval of a conditional use permit, as authorized under Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) of the Code. 2. The proposed conditional use permit to allow a general retail showroom and an outdoor storage yard, under the conditions imposed, 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 building is located within an existing industrial property that will be adequately screened from public view and is surrounded by compatible building and uses. There are a sufficient amount spaces in the off-site parking lot to accommodate the parking demand for the general retail showroom and outdoor storage yard, subject to approval of Variance No. 2015-05042. 3. The size and shape of the site for the use is adequate to allow the full development of the general retail showroom and outdoor storage yard in a manner not detrimental to the particular area or to the health and safety because the use would be located within an existing industrial zone that is surrounded by other industrial uses. The proposed uses also will have adequate circulation onsite and generate a sufficient number of vehicle trips that the property can accommodate as justified in the Trip Generation Memo dated November 8, 2018. 4. The traffic generated by the general retail showroom and outdoor storage yard 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 Conditional Use Permit 2015-05834 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 uses will be integrated with the surrounding uses in the area and will not pose a health or safety risk to the citizens of the City of Anaheim. - 2 - PC2019-003 WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for a variance for less parking than required by the Zoning Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (162 spaces required; 58 spaces proposed) 1. Based, in part, upon a review of the letter of request submitted by the applicant and observations made by staff, that the variance, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such uses. The proposed parking will be adequate to serve the needs of the proposed general retail showroom and outdoor storage yard based on their parking study and Trip Generation Memo dated November 8, 2018; 2. That the 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 Property because the proposed number of on-site parking will adequately accommodate the parking demands of the proposed general retail showroom and outdoor storage yard, which, through staff observation, is determined to be adequate to serve the needs of the proposed uses; 3. That the 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 use because the on-site parking for the industrial complex will adequately accommodate peak parking demands of all uses on the site; 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on-site circulation; and 5. That the variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation. 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. - 3 - PC2019-003 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2015-05834 and Variance No. 2015-05042, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto referred to as "Revised Conditions of Approval" and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2015-05834 and Variance No. 205-05042 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 Zoning 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 Zoning Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that the conditions of approval as set forth in Resolution 88R-118 are hereby deleted in their entirety and replaced with the Revised Conditions of Approval set forth in Exhibit B. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Revised Conditions of Approval hereby 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 CUP shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the CUP, as amended by Conditional Use Permit No. 2015-05834 and Variance No. 2015-05042. 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 Zoning 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 Zoning 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. - 4 - PC2019-003 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 7, 2019. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. AIRPERSgN, PLANNING THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, 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 January 7, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 7h day of January, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2019-003 EXHIBIT "A" DEQ' NO. 2015-00103 v Scu ce: Recarded Tracl6,iaps sno.cr City GIS, Flew_ a nate the sc--uracy - is c t- fiti;e feEt. - 6 - PC2019-003 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05834 AND VARIANCE NO. 2015-05042 (DEV2015-00103) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The facility shall comply with the occupancy requirements in Planning and Building accordance with the California Building and Fire Codes. A Building Department, Permit shall be obtained within 90 days of the date of this resolution. Planning Services Any required building permits may require restriping of the parking Division lot in compliance with City of Anaheim Engineering Standard Detail 470. OPERATIONAL CONDITIONS OFAPPROVAL 2 Applicant shall submit in writing within 30 days requesting to Planning and Building terminate CUP2975. CUP2015-05834 (Retail Showroom Use, Department, Outdoor Storage, and a Waiver of the Minimum Required Parking) Planning Services shall replace CUP2975 and corresponding conditions of approval. Division 3 All parking shall occur on-site. Should the parking demand exceed the Planning and Building amount of on-site parking provided, the applicant shall submit a Department, request to modify the Conditional Use Permit and Variance, subject Planning Services to the approval of the Planning Commission. Division 4 Any graffiti painted or marked upon the premises or on any adjacent Planning and Building area under the control of the business owner shall be removed or Department, painted over within 24 hours of being applied. Code Enforcement Division 5 The business shall be operated in accordance with the Letter of Request Planning and Building submitted as part of this application. Any changes to the business Department, operation as described in that document shall be subject to review and Planning Services approval by the Planning Director to determine substantial Division conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 6 That ongoing during project operations, vehicle deliveries including Planning and Building loading and unloading shall be performed on site. Delivery of vehicles Department, shall not block any part of the public right-of-way. Planning Services Division - 7 - PC2019-003 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 Trash bins must be kept out of public view or a trash enclosure will be Public Works required. Department, Operations Division 8 The utility box near the front of the building entrance shall be painted planning and Building or additional landscaping shall be added to screen the box. Department, Planning Services Division 9 All outdoor storage of materials shall be screened from public view and planning and Building shall be located only in the designated area per the plans submitted on Department, file with the Planning Division. Code Enforcement Division 10 The applicant shall obtain a Special Events Permit(s) from the Planning planning and Building Division per Section 18.38.240 for all outdoor display of temporary Department, banners. Code Enforcement Division 11 All new landscaping shall be installed in conformance with Chapter "Landscape planning and Building 18.46 and Screening" of the Anaheim Municipal Code and Department, shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or Code Enforcement dead. Division SECURITY MEASURES 12 Building shall be equipped with a comprehensive security alarm police Department, system (silent or audible) for the following coverage areas: Planning & Research • Perimeter building and access route protection. Unit • High valued storage areas. • Interior building door to shipping and receiving area. • Perimeter fence and security gating. 13 Complete a Burglary/Robbery Alarm Permit application, Form APD Police Department, 516, and return it to the Police Department prior to initial alarm planning & Research activation. Unit 14 With advances in technology, digital and wireless CCTV security Police Department, systems are readily available and highly recommended over older VHS "Tape" Planning & Research or recording systems. Closed circuit television (CCTV) security Unit camera are recommended, with the following coverage areas: • Lobby Entrances • Building perimeter - 8 - PC2019-003 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT • Storage Area • Parking lot • Exterior entrance • Cashier's area (if any) 15 If security cameras are not monitored, signs indicating so should be Police Department, placed at each camera. Planning & Research Unit 16 CCTV monitors and recorders should be secured in a separate locked Police Department, compartment to prevent theft of, or tampering with, the tape. Planning & Research Unit 17 CCTV recordings should be kept for a minimum of 30 days before Police Department, recorded over. Planning & Research Unit 18 CCTV videotapes should not be recorded over more than 10 times per Police Department, tape. Use of digital recording equipment as an alternative to videotape Planning & Research is encouraged. Unit 19 All exterior doors to have adequate security hardware, e.g. deadbolt Police Department, locks. Planning & Research Unit 20 Wide-angle peepholes or other viewing device should be installed in Police Department, solid doors where natural surveillance is compromised. Planning & Research Unit 21 The locks shall be so constructed that both the deadbolt and deadlocking Police Department, latch can be retracted by a single action of the inside Planning & Research doorknob/lever/turn piece. Unit 22 Overhead roll -up doors shall also be secured on the inside that the lock Police Department, cannot be defeated from the outside and shall be secured with a cylinder Planning & Research lock or padlock from the inside. Unit 23 Exterior roof access ladder should be adequately secured to prevent Police Department, unauthorized access. Exterior ladders allow easy roof access for Planning & Research criminals, etc. Unit 24 Adequate lighting of parking lots, circulation areas, aisles, passageways, Police Department, recesses, and grounds contiguous to buildings shall be provided with Planning & Research lighting of sufficient wattage to provide adequate illumination to make Unit clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. 25 Common rooms, such as gym facilities, recreation areas, laundry rooms, Police Department, conference rooms, etc., should have transparent doors, have view panels Planning & Research installed in solid doors, or have a window installed next to the door for Unit increased visibility into the room. - 9 - PC2019-003 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 26 Doorways, alcoves, etc., should not be recessed to the extent that a place Police Department, is created for a person to stand and go unobserved. Planning & Research Unit 27 Address number shall be positioned so as to be readily readable from Police Department, the street. Main building numbers should be a minimum height of 12". Planning & Research Numbers should be illuminated during hours of darkness. Unit 28 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department, lots/structures and located in other appropriate places (i.e., Resident Planning & Research gathering points and access points, bicycle parking, etc.) Signs must be Unit at least 12" wide x 24" high in overall size, with white background and black 2" lettering. 29 All entrances to parking areas should be posted with appropriate signs Police Department, per 22658(a) C.V.C. to assist in removal of vehicles at the property Planning & Research owner /manager's request. Unit 30 A detailed emergency action plan, for persons both with and without Police Department, disability shall be provided to the Police and Fire Departments. This Planning & Research shall include (but not limited to): Unit a. Emergency Evacuation/Escape Plan b. Shelter in Place Plan GENERAL CONDITIONS OFAPPROVAL 31 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. 32 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. -10- PC2019-003 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 33 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, Planning Services and as conditioned herein. Division - 11 - PC2019-003