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Resolution-PC 2020-029RESOLUTION NO. PC2020-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00009) (2720 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018- 05955 to permit an outdoor Recreational Vehicle (RV) storage facility with a modular office trailer and Administrative Adjustment No. 2018-00425 to permit reduced front yard setbacks (the "Proposed Project") on that certain real property located at 2720 West Lincoln 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; and WHEREAS, the Property is approximately 1.89 acres in size and is currently undeveloped. The Anaheim General Plan designates the Property for Open Space land uses. The underlying zone of the Property is the "OS" Open Space, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.14 (Public and Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N-25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing in the City of Anaheim on August 3, 2020 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 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 - 1 - PC2020-029 WHEREAS, the Planning Commission also finds and determines that the effects of the proposed outdoor RV Storage facility are typical of those generated within that class of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which consists of the construction and location of limited numbers of new, small facilities or structures. Section 15303 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being the construction of commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for such use if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. 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 Proposed project and, specifically, with respect to the request for Conditional Use Permit No. 2018-05955, does find and determine the following: 1. The Proposed Project is an allowable primary use within the Open Space Zone, subject to approval of a conditional use permit, as authorized under Table 14-A of Section 18.14.030 (Uses) of Chapter 18.14 (Public and Special -Purpose Zones) of the Code. 2. The proposed conditional use permit to permit the Proposed Project 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 facility will be adequately screened from public view, buffered from residential uses by a 10 -foot high wall, and is adjacent to an existing RV storage facility which is currently in operation. 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 facility will provide a sufficient number of on-site parking spaces, adequate vehicle circulation, and sufficient buffers from adjacent land uses, while maintaining utility easements that currently exist on the property. 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 and circulation 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 Project will be integrated with the surrounding outdoor RV storage uses which operate under utility lines throughout the City and would not pose a health or safety risk to the citizens of the City of Anaheim. - 2 - PC2020-029 WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2018-00425 may be approved for the following reasons: SECTION NO. 18,14. 100 Minimum Landscaping and Structural Setbacks. (25 feet required; 20 feet proposed) 1. The adjustment for a 20% reduction in the required front setback for the front screen wall and temporary modular office trailer is consistent with the purposes and intent of the Zoning Code because the new RV storage facility will provide a 10 -foot high masonry wall to screen the outdoor storage use from public view. The resulting 20 -foot setback will be entirely landscaped and will be consistent with the landscape setback provided for the abutting RV Storage lot to the west; and 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment. The Zoning Code requires all structures, including fencing, maintain a minimum 25 foot front setback on Open Space zoned properties. The application of the 20% adjustment to the 25 -foot setback would result in only a 5 -foot reduction in the required setback, which is sufficient to provide adequate landscaping and would be consistent with the abutting RV Storage facility to the west; and 3. The adjustment will allow for the screening of outdoor RV storage in a manner compatible with the design and setback of the adjacent RV Storage facility, and will not produce a result that is out of character or detrimental to the neighborhood; therefore, the Proposed Project would not negatively impact the surrounding neighborhood; and WHEREAS, this 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. This 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 that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05955, and Administrative Adjustment No. 2018-00425 contingent upon and subject to the conditions of approval set forth 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 that portion of the Property for which Conditional Use Permit No. 2018-05955 and Administrative Adjustment No. 2018-00425 are applicable 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. - 3 - PC2020-029 BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies with the Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 3, 2020. 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. f� 00 v • • I_ _u ATTEST: - 4(z .1 - - 1%r" SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2020-029 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 August 3, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this Yd day of August, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020-029 EXHIBIT "A" DEV NO. 2018-00009 APN: 126-022-22 W v < Q L Z LU Z o: Q J Z W LINCOLN AVE W LINCOLN AVE 137' F - Z O co LO Z F 137' W SERENO PL W TOLA AVE Ln `) Y2 Q O O x W TROJAN PL tn /� w0 Source: Recorded Tract Maps and/or City GIS. v Feet Please note the accuracy is +/- two to five feet. - 6 - PC2020-029 EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2018-05955 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00425 (DEV2018-00009) - 7 - PC2020-029 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim an additional 7- ft. easement from the existing right- Public Works of -way along Lincoln Avenue for road, public utilities and other Department public purposes. Development Services 2 Prepare and submit a final grading plan showing building footprints, Public Works pad elevations, finished grades, drainage routes, retaining walls, Department erosion control, slope easements and other pertinent information in accordance with Anaheim Municipal Code and the California Development Services Building Code, latest edition. 3 Prepare and submit a final drainage/hydrology study, including Public Works supporting hydraulic and hydrological data to the City of Anaheim Department for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying Development Services off-site and on-site storm water runoff impacts resulting from build- out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. 4 The owner shall obtain the required coverage under California's Public Works General Permit for Stormwater Discharges associated with Department Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a Development Services copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 5 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works (SWPPP). The SWPPP shall be kept at the project site and be Department available for Public Works Development Services Division review upon request. Development Services 6 Submit a Water Quality Management Plan (WQMP) to the City for Public Works review and approval. The WQMP shall be consistent with the Department requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Development Services Significant Redevelopment projects. identify potential sources of - 7 - PC2020-029 - 8 - PC2020-029 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. 7 Submit a Geotechnical Report to the Public Works Development Public Works Services Division for review and approval. The report shall include Department any proposed infiltration features of the WQMP. Development Services 8 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Public Utilities Water Engineering review and approval in Engineering determining the conditions necessary for providing water service to the project. 9 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to Electrical Engineering establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. PRIOR TO ISSUANCE OF BUILDING PERMITS 10 Civil Engineer shall survey and certify the design pad elevation and Public Works submit a line and grade certification. Department Development Services 11 A Certification shall be provided by, and bear the original stamp Public Works and signature of the Geotechnical Engineer of Record shown on the Department project plans approved by the City of Anaheim, Public Works Development Services Department. The certification shall state that construction/installation of the soil improvement has been analyzed and found to be conformance to the approved plans and specifications. All technical data and test logs shall be part of the document submitted to the City for review and approval. 12 Provide a certificate, from a Registered Civil Engineer, certifying Public Works that the finished grading has been completed in accordance with the Department City approved grading plan. Development Services 13 The developer shall submit street improvement plans and a cost Public Works estimate for review and approval. The developer shall obtain a right Department of way construction pennit, and post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Development Services - 8 - PC2020-029 - 9 - PC2020-029 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT Engineer and in a form approved by the City Attorney for the construction of all required public improvements within the City street right of way of Lincoln Avenue. Improvements shall conform to the applicable City Standards and as approved by the City Engineer. 14 A cash -in -lieu payment based on the project engineer's cost estimate, Public Works in an amount determined by the City Engineer to be sufficient to pay for future street widening along Lincoln Avenue, shall be paid to the Department City of Anaheim. Development Services 15 A Right of Way Construction Permit shall be obtained from the Public Works Development Services Division for all work performed in the public Department right-of-way. Development Services 16 The developer shall construct a five (5) foot wide sidewalk at Public Works ultimate right of way and a fourteen (14) foot wide landscaped Department public parkway and trees, curb adjacent, or as approved by the City Development Services Engineer. The proposed irrigation line and meter shall be connected to the private main. 17 The developer shall construct all improvements along the project's Public Works frontage on Lincoln Avenue. The improvements shall include but Department not limited to curb and gutter, pavement, driveway, ADA ramps, Development Services water meters removals, sewer improvements, etc. As determined and approved by the City Engineer. The developer's engineer shall submit to the City for review and approval an engineering cost estimate for the cost of the required improvements. 18 The applicant shall submit to the Public Works Development Public Works Services Division for review and approval a Certificate of Department Compliance document. The document shall be approved by the City Development Services Surveyor and recorded, along with conforming deed, in the office of the Orange County Recorder. 19 All backflow equipment shall be located above ground outside of Public Utilities Water the street setback area in a manner fully screened from all public Engineering streets and alleys. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 20 All requests for new water services, backflow equipment, or fire Public Utilities, lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be Water Engineering - 9 - PC2020-029 - 10 - PC2020-029 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 21 The Owner/Developer shall submit to the Public Utilities Public Utilities, Department Water Engineering Division an estimate of the Water Engineering maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.1 of the Water Utility Rates, Rules, and Regulations. 22 The vehicle gate at the project driveway shall be installed at a Public Works minimum 42 feet back from the ultimate Right -of -Way along Department Lincoln Avenue and shall be clearly identified on the building plans. Traffic Engineering 23 Submit a Solid Waste Management Plan (SWMP) to the Public Public Works Works Department for review and approval. Department, Operations Division 24 The final location of the trash enclosure/bin shall be reviewed and Public Works approved by the Public Works Department, Operations Division Department, prior to installation. Operations Division 25 A Landscape and Irrigation Plan shall be submitted and approved Planning and Building by the Planning and Building Department. The Landscape Plan Department, shall clearly identify the trees, shrubs and groundcover within the Planning Services front setback area, and along the residential property. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 26 All public improvements shall be constructed by the developer, Public Works inspected and approved by Construction Services prior to the final Department building and zoning inspection. Development Services 27 All remaining fees/deposits required by Public Works department Public Works must be paid in full. Department Development Services 28 All required on-site Water Quality Management Plan, sewer, storm Public Works drain, and public right of way improvements shall be completed, Department operational, and are subject to review and approval by the Public Development Services Works inspector. 29 Curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be Department clearly labeled on building plans. - 10 - PC2020-029 - l l - PC2020-029 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT Traffic Engineering 30 The applicant shall contract with the City's trash hauler for scout Public Works services for the bin to be taken to an alternate area for service. Department, Operations Division 31 Owner/Developer shall install an approved backflow prevention Public Utilities, assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Water Engineering Utilities Department Water Engineering Division requirements. 32 Prior to connection of electrical service, the legal owner shall Public Utilities provide to the City of Anaheim a Public Utilities easement with Electrical Engineering dimensions as shown on the approved utility service plan. 33 Prior to connection of electrical service, the legal owner shall Public Utilities submit payment to the City of Anaheim for service connection fees. Electrical Engineering GENERAL CONDITIONS 34 The trash bin(s) shall be stored out of public view. Public Works Department, Operations Division 35 Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m. Planning and Building Monday through Saturday, and 8:00 a.m. to 6:00 p.m. on Sundays. Department, Planning Services 36 On-site management shall be present during the hours of operation Planning and Building (when the facility is open to the public). Department, Planning Services 37 The following operational restrictions shall be adhered to: Planning and Building 1. Propane tanks are allowed, provided that the proper Department, Building and Fire Permits are obtained. Planning Services 2. No audible vehicle alarms shall be permitted. Building Division 3. No on-site maintenance or repair of vehicles shall be Fire Department permitted. 4. No storage of inoperable vehicles shall be permitted. 5. No canopies or overhead coverings of any kind shall be permitted. 6. No overnight camping or occupancy of RV's shall be permitted. - l l - PC2020-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 38 That lighting fixtures in any proposed parking area and any other Planning and Building security lighting located adjacent to any residential property shall Department, be down -lighted with a maximum height of twelve (12) feet. The Planning Services lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area and said information shall be specified on the plans submitted for building permits. 39 SECURITY MEASURES Police Department 1. The site shall be equipped with a comprehensive security alarm system (silent or audible) for the following coverage areas: • Perimeter building and access route protection. • High valued storage areas. • Interior building door to shipping and receiving area. • Perimeter fence and security gating. i. Including fenced parking area for RV's 2. Complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 3. Closed circuit television (CCTV) security camera are recommended throughout the site. 4. If security cameras are not monitored, signs indicating so should be placed at each camera. 5. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the tape. 6. CCTV recordings should be kept for a minimum of 30 days before recorded over. 7. CCTV videotapes should not be recorded over more than 10 times per tape. Use of digital recording equipment as an alternative to videotape is encouraged. LIGHTING: 1. Adequate lighting of parking lots, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make 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. - 12 - PC2020-029 -13 - PC2020-029 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT 40 The following minimum clearances shall be provided around all Public Utilities new and existing public water facilities (e.g. water service laterals, Water Engineering meters, meter boxes, backflow devices, etc.): • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 41 No public water mains or laterals allowed under parking stalls or Public Utilities parking lots. Water Engineering 42 Any graffiti painted or marked upon the business premises or on Planning and Building any adjacent area under the control of the business owner shall be Department, removed or painted over within 24 hours of being applied or Code Enforcement discovered by the business owner. Division 43 The facility shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to the Department, business operation, as described in that document, shall be subject to review and approval by the Planning Director to determine Planning Services substantial conformance with the Letter of Request and to ensure Division compatibility with the surrounding uses. 44 All new landscaping shall be installed in conformance with Chapter "Landscape planning and Building 18.46 and Screening" of the Anaheim Municipal Code Department, and shall be maintained in perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, Planning Services damaged, diseased and/or dead. Division 45 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 Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 46 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any Planning Services and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Division 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 -13 - PC2020-029 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 47 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, petitioner, which plans are on file with the Planning Department, and as conditioned herein. Planning Services Division - 14 - PC2020-029