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Resolution-PC 2019-012RESOLUTION NO. PC2019-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05996 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00148) (1618 WEST KATELLA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2018-05996 to permit an attended donation facility (the "Proposed Project") in conjunction with a thrift store within an existing commercial center on a portion of that certain real property located at 1618 West Katella Avenue in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the 6.8 -acre Property is developed with a 296,903 square foot commercial shopping center located in the General Commercial (C -G) zone. The Property is designated for Neighborhood Center Commercial land uses in the City of Anaheim General Plan; and WHEREAS, the Proposed Project is a request for a use that is not existing or mentioned in any zone throughout the City. However, subsection .020.0201 of Section 18.66.040 of the Anaheim Municipal Code (the "Code") authorizes such a use or type of development to be authorized by conditional use permit provided that the Planning Director has first determined that the use does not fit into an existing use class; and WHEREAS, pursuant to subsection .020.0201 of Section 18.66.040 of the Code, the Planning Director has heretofore determined that the Proposed Project does not fit into an existing use class and has, therefore, referred the Proposed Project to the Planning Commission for consideration by conditional use permit; and WHEREAS, on February 20, 2019, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the Proposed Project 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 (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 - I - PC2019-012 WHEREAS, 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 operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment or topographical features, 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 pertaining to the request to permit an attended donation facility, does find and determine the following facts: 1. The Proposed Project is allowed in the General Commercial Zone subject to approval of a conditional use permit under subsection .020.0201 of Section 18.66.040 (Unlisted Uses) of the Code; and 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 the project is consistent and compatible with the surrounding businesses with the existing commercial center. In addition, the area in and around the donation collection facility will be regularly monitored and maintained by employees to avoid an accumulation of debris; and 3. The size and shape of the site for the use is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because the Proposed Project would be located to the rear of an existing commercial center and will not interfere with on-site parking and vehicular circulation, nor will the facility be visible from the public right of way; 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 adequate parking will be provided to accommodate the use; and 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2018-05996, 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 for the Proposed Project 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 - 2 - PC2019-012 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 limitation 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 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 Project only to the extent that it complies with the Zoning Code of the City of Anaheim and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of February 20, 2019. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 (Zoning Provisions - General) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. C AIRPERSON PRO TE ORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2019-012 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 February 20, 2019, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of February, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-012 EXHIBIT "A" DEV NO. 2018-00148 APN: 090-651-23 090-651-38 W V L Q a Lw � a a U W z Q V U h W KATELLA AVE 196' t -- Ln m N W J Q CO 98' Ln 116' 284' Q� M 7 O m N 698' F- Q J Q U W DUDLEY AVE Ln �O h z z a Ln a o a o N a z � a o J n h ©o s�o roo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 5 - PC2019-012 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05996 (DE V2018-00148) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 The attended donation facility shall be operated in accordance with Planning and the Operational Plan/Parking Demand letter submitted as part of this Building Department, application. Any changes to operations shall be subject to review and approval by the Planning Director to ensure continued Planning Services compatibility with surrounding uses. Division 2 A sign shall be placed on the trailer in a prominent location denoting Planning and the hours of operation and stating that donated goods may be Building Department, dropped off only when an attendant is present. The sign shall also provide a contact telephone number to a responsible party. The sign Planning Services must be present on the trailer at all times when located on the Division property. 3 All portable storage bins shall be removed by end of business day Planning and and shall not be placed in the parking lot. The location of the bins Building Department, shall be located per the approved site plan. Planning Services Division 4 Any graffiti painted or marked upon the premises or on any adjacent Planning and area under the control of the property owner shall be removed or Building Department, painted over within 24 hours of being applied. Code Enforcement Division 5 No required parking area shall be fenced or otherwise enclosed for Planning and outdoor storage. Building Department, Code Enforcement Division 6 One parking space shall be removed per the submitted plan in order Planning and to maintain the 24 feet backup space between the parking space and Building Department, the trailer location. If the donation trailer is removed, the parking space shall be restored with the restriping to match the City standard Code Enforcement for parking stalls. Division 7 The applicant shall be responsible for maintaining the area Planning and surrounding the donation facility through regular maintenance and Building Department, removal of trash or debris. All sorting bins shall be removed from the outdoor areas at the end of business day. The area surrounding - 6 - PC2019-012 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL the donation facility shall be kept in a clean and orderly condition at Planning Services all times. All donated goods shall be placed inside the trailer Division immediately following the public drop-off and maintained inside the trailer at all times. All after -hour donations shall be brought within the store by the end of business day. Removal of all debris or items associated with this use shall occur per the Letter of Operation but no later than 24 hours. 8 The applicant is responsible for paying all charges related to the Planning and processing of this discretionary case application within 30 days of the Building Department, issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 9 The property shall be developed substantially in accordance with Planning and plans and specifications submitted to the City of Anaheim by the Building Department, applicant and which plans are on file with the Planning Division, and as conditioned herein. Planning Services Division 10 All landscaping shall be installed in conformance with Chapter 18.46 Planning and "Landscape and Screening" of the Anaheim Municipal Code and shall Building Department, be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or Planning Services dead. Division 11 The Applicant shall defend, indemnify, and hold harmless the City Planning and and its officials, officers, employees and agents (collectively referred Building Department, to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, Planning Services review, set aside, void, or annul the decision of the Indemnitees Division 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. - 7 - PC2019-012