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Resolution-PC 2023-023RESOLUTION NO. PC2023-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN OUTDOOR STORAGE YARD FOR OVERSIZED VEHICLES AND TRAILERS AND APPROVING A VARIANCE TO PERMIT A MINIMUM LOT AREA LESS THAN REQUIRED BY THE ZONING CODE AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2023-00010) (1051 NORTH PATT STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a conditional use permit to allow an Outdoor Storage Yard for Oversized Vehicles and Trailers (the "Proposed Project") and to approve a variance for a minimum lot area less than required by the Anaheim Municipal Code (the "Code"), on that certain real property located at 1051 North Patt Street, in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 1.45 acres in size and is currently developed with a vacant storage yard and a one-story warehouse building. The property is designated for Industrial and Public Institutional land uses in the General Plan. The Property is also located in the "I" Industrial Zone and is subject to the zoning and development standards contained in 18.10 (Industrial Zones) of the Code; and WHEREAS, Outdoor Storage Yards for Oversized Vehicles and Trailers requires a conditional use permit subject to approval by the Planning Commission pursuant to Subsection .040 of Section 18.10.030 (Uses) and subsection .150 of Section 18.38.200 (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 9, 2023 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 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 (herein referred to as the "CEQA Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and PC2023-023 WHEREAS, the Planning Commission finds and determines that the effects of the proposed project are Categorically Exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15303, Class 3 (New Construction or Conversion of Small Structures). The Class 3 exemption includes the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure and the construction of accessory structures. The existing warehouse building, with the accessory office, would remain and be converted for the service and maintenance of the company's fleet. There is no expansion of the existing footprint. Site improvements consist of modification of the existing driveway approach, new exterior walls, and fences along with landscaping and a trash enclosure. Pursuant to Section 15300.2 (c) and 15303 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the proposed project for which staff would anticipate a significant effect on the environment and, therefore, the proposed project would be 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 the Proposed Project, does find and determine the following facts: I. The Proposed Project is properly one for which a conditional use permit is authorized as an allowable use within the Industrial zone under subsection .040 of Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) and subsection .150 of Section 18.38.200 (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of the Code, subject to a conditional use permit for Oversized and Recreational Vehicle Outdoor Storage. 2. The Proposed Project, as conditioned herein, would not adversely affect the adjoining land uses, or the growth and development of the area because the Proposed Project would be consistent in use and would operate similarly to the adjacent industrial uses in the area. All operations of the Proposed Project would be maintained on -site and adequate screening from the public rights -of -way are proposed. A new eight -foot high wall with new trees planted along the southern property line would provide screening from the adjacent multi -family residential uses, which are also separated via the existing alley. The Proposed Project is designed to only allow truck traffic via Patt Street and no access from Kemp Street. The proposed improvements on the Property are consistent with the required on -site improvements in the Industrial zone. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the proposed use would occupy an existing building without any expansion. All operations would occur on -site while accommodating the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways, as they are designed and improved to carry the anticipated traffic generated by the Proposed Project. Additionally, the site will not exceed the anticipated - 2 - PC2023-023 volumes of traffic or daily trips, as the City Traffic Engineering Department has confirmed the findings through the review of a project -specific Vehicle Miles Traveled Screening Evaluation. 5. The granting of the conditional use permit would not be detrimental to the health and safety of the citizens of the City of Anaheim because the Proposed Project would be compatible with the industrial uses in the surrounding area, subject to compliance with the conditions contained herein. The Proposed Project would be separated from the multi -family residential uses to the south through the existing alley and sufficiently screened with a new eight - foot high wall with new trees planted along the southern property line; 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 the variance, does find and determine the following facts: SECTION 18.38.150.1504.01 Minimum Lot Area (1.5 acres required; 1.45 acres provided) 1. There are special circumstances applicable to the Property, including size, shape, topography, location, or surroundings, which do not apply to other property under identical zoning classification in the vicinity. The Property location and surroundings have resulted in frontages adjacent to two different segments of right-of-way, which limits the development of this site as currently configured. The double frontage configuration has resulted in dedications over the years that have impacted the gross lot area of the project site. Additionally, there are properties in the general vicinity of the Property under identical zoning classification that do not have a double frontage configuration. 2. That, because of the special circumstances identified above, strict application of the Code would deprive the property of privileges enjoyed by other property under identical zoning classification in the vicinity. Staff has identified several sites, with similar zoning designation, within the City that were previously approved to have an outdoor storage yard for oversized vehicles that does not meet the current minimum lot area requirement of 1.5 acres. The Proposed Project would maintain all operations on -site, despite having a lesser minimum lot area; 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. - 3 - PC2023-023 NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit and variance, 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 the Property. Extensions for further time to complete the 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 of Permit Approval) and 18.60.200 (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 October 9, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, PLANNING COI\IS SION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2023-023 APN: 035-010-71 035-010-85 035-010-86 EXHIBIT "A" DE'V NO.2023-00010 r- 274' `n t- c� � � z 153' $9, E JULIANNA ST 0 c .0 100' Source: Recorded Tract Maps and/or City GIS, wJ t Please note the accuracy is +f- two to five feet. PC2023-023 EXHIBIT "B" CONDITIONAL USE PERMIT VARIANCE (DEV2023-00010) RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OFBUILDING PI -WHITS 1 A Right of Way Construction Permit shall be obtained from the Public Works Development Services Division for all work performed in the public right- Department, of -way. Development Services 2 All Landscape plans shall comply with the City of Anaheim adopted Public Works Landscape Water Efficiency Guidelines. This ordinance is in compliance Department, with the State of California Model Water Efficient Landscape Ordinance Development ( AV 1881). Services 3 Submit a written Solid Waste Management Plan (SWMP) to Public Works Public Works Department for review and approval prior to the issuance of any building Department, permits. Operations Division 4 The Applicant shall submit a Change of Address Application to retire 1109 Planning and North Patt Street and 1119 North Patt Street addresses from the Property. Building Department, Planning Services Division 5 All new landscaping shall be installed in conformance with Chapter 18.46 Planning and (Landscape and Screening) and subsection .145 of Section 18.38.200 Building Department, (Outdoor Storage) of Chapter 18.38 (Supplemental Use Regulations) of the Planning Services Anaheim Municipal Code and shall be maintained in perpetuity. Division Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. In addition, all faux ivy shall be maintained in good condition and/or repaired or replaced as needed in perpetuity. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 6 All public improvements shall be constructed by the developer, inspected Public Works and accepted by Construction Services prior to final building and zoning Department, inspection. Development Services 7 All remaining fees/deposits required by Public Works department must be Public Works paid in full. Department, Development Services 8 If any monuments are damaged as a result of construction, it shall be reset Public Works to the satisfaction of the City Engineer. Department, Development Services PC2023-023 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9 Record Drawings and As -Built Plans shall be submitted for review and Public Works approval to the Department of Public Works, Development Services Department, Division. Development Services 10 All CBC and CFC requirements shall be followed for permit issuance. Any Anaheim Fire and fire permits which include fire sprinklers, fire alarm, etc. shall be submitted Rescue directly to Anaheim Fire and Rescue Department. 11 The building shall be equipped with a comprehensive security alarm system Anaheim Police (silent or audible) for the perimeter building and access route protection, Department high valued storage areas, interior building door, and perimeter fence and security gating. 12 The Applicant shall complete a Burglary/Robbery Alarm Permit Anaheim Police application, Form APD 516, and return it to the Police Department prior to Department initial alarm activation. This form is available at the Police Department front counter. GENERAL CONDITIONS 13 Adequate lighting of parking lots, passageways, recesses, and grounds Anaheim Police contiguous to buildings shall be provided with lighting of sufficient wattage Department 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. 14 Access road/including turnaround identified on the property shall abide by: Anaheim Fire and All drivable surfaces - Permanent, temporary, and phased emergency access Rescue roads shall be designed and maintained to support an imposed load of 78,000 lbs. and surfaced to provide all-weather driving capabilities 15 All manual gates shall require a Knox box, Knox padlock, and electric gates Anaheim Fire and shall require a Knox key switch. Rescue 16 Ongoing during project operations, all vehicle deliveries including loading Public Works and unloading shall be performed on site. Delivery vehicles shall not block Department, any part of the public right of way. Traffic En =ineerinL; 17 Ongoing during project operations, all vehicles associated with the facility Public Works shall be parked on -site and be prohibited from parking on public and private Department, streets in the vicinity. Traffic Engineering 18 Ongoing during project operations, public streets or parking lots shall not be Public Works used for automobile washing or detailing, automobiles repair maintenance, Department, storage of inoperable vehicles, display of vehicles for sale or rent, or advertising on vehicles or trailers. Traffic Engineering 19 At no point shall the vehicles or trucks at the gate block any part of the Public Works public right of way. Department, Traffic En ineerin PC2023-023 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 20 The contractor shall contact City of Anaheim Electrical inspection at (714) Public Utilities 765-6873 ten business days prior to beginning work. All excavation around Department, existing Public Utilities facilities shall be observed by the City Electrical Electrical Inspector. In case of emergency, the contractor shall immediately contact Engineering Electric Field Operations at (714) 765-5108 and Electrical Engineering at 714) 7654211. 21 The business shall be operated in accordance with the Letter of Request and Planning and Operation submitted as part of this application. Any changes to the business Building Department, operation as described in these documents shall be subject to review and Planning Services approval by the Planning and Building Director to determine substantial Division conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surroundin, uses. 22 The Applicant shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to Planning and individually and collectively as "Indemnitees") from any and all claims, Building Department, actions or proceedings brought against Indemnitees to attack, review, set planning Services aside, void, or annul the decision of the Indemnitees concerning this permit Division 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. 23 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 Planning and final invoice or prior to the issuance of building permits for this project, Building Department, whichever occurs first. Failure to pay all charges shall result in delays in the Planning Services issuance of required permits or may result in the revocation of the approval Division of this application. 24 The property shall be developed substantially in accordance with plans and Planning and specifications submitted to the City of Anaheim by the applicant and which Building Department, plans are on file with the Planning Department. Planning Services Division PC2023-023 STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Heather Flores, 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 9, 2023, by the following vote of the members thereof. AYES: Chairperson Kring, Vice Chairperson Henninger, and Commissioners Castro, Lieberman, Perez, Tran-Martin, and Walker. NOES: C 110_in ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of October 2023. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM PC2023-023