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Resolution-PC 2013-068RESOLUTION NO. PC2013 -068 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013 -05696 AND VARIANCE NO, 2012 -04896 AND FINAL SITE PLAN NO, 2012 -00004 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00058) (2110 SOUTH HARBOR 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. 2013- 05696, Variance No. 2012 -04896 and Final Site Plan No. 2012 -00004 to expand an existing restaurant (the "Project ") with a variance from street setback and parking requirements of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 2110 South Harbor Boulevard in the City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 0.92 -acre, is developed with a vacant restaurant building. The Property is located in the SP92 -2 Anaheim Resort Specific Plan Zone. The Anaheim General Plan designates the Property for Commercial Recreation land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 23, 2013 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 of the Code, to hear and consider evidence for and against said proposed conditional use permit to investigate and make findings and recommendations in connection therewith; and WHEREAS, as the "lead agency" under the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning Commission finds and determines that the previously- certified Anaheim Resort Specific Plan Master Environmental Impact Report No. 313 and Final Supplemental Environmental Impact Report No. 2008 -00340 will serve as the appropriate environmental documentation in connection with the Proposed Project and that none of the conditions set forth in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent environmental impact report or a supplement to EIR 313 have occurred; 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 hearings pertaining to the request for a Conditional Use Permit to expand a legal nonconforming use, does find and determine the following facts: 1. The proposed expansion of a legal nonconforming use in the Anaheim Resort Specific Plan is properly one for which a conditional use permit is authorized by Section 18.116.070.040.0402 (Uses) of the Zoning Code. - 1 - PC2013 -068 2. The proposed proposed expansion of a legal nonconforming use would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. A restaurant has operated at this location for over 20 years and this approval includes additional conditions of approval that will serve to reduce any impact from the expansion. 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 either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding businesses. 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 because the project has been designed to minimize impacts on the surrounding businesses. 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 for a Final Site Plan to expand a legal nonconforming use, does find and determine the following facts: 1. That the request to construct the Project complies with the Anaheim Resort Specific Plan (SP92 -2), subject to the approval of Variance No. 2012 -04896 and compliance with the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference. 2. The design and layout of the proposed Project will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. 3. The architectural design of the proposed Project is compatible with the character of the surrounding hotels and development located within the land area of the Anaheim Resort Specific Plan. 4. The design of the proposed Project will provide a desirable environment for its occupants, the visiting public, and its neighbors, through the appropriate use of materials, texture and color, and will remain aesthetically appealing and be appropriately maintained. 5. The proposed Project will not be detrimental to the public health, safety or welfare, or materially injurious to the properties or improvements in the vicinity of the proposed Project. -2- PC2013 -068 WHEREAS, the Planning Commission does further find and determine that the variance request from setback requirements and fewer parking spaces than required by the Code should be approved for the following reasons: (a) SECTION NO. 18.116.090.020 Minimum building setbacks. (20 feet required; 2 feet to 3 feet 6 inches proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces. (125 spaces required; 68 spaces proposed) 1. That there are special circumstances applicable to the Property, including size, shape, location and surroundings, which do not apply to other property under the identical zoning classification in the vicinity of the proposed Project that result in limited and inefficient use of the Property if it were developed in conformance with development standards because the building is constructed within the front setback area. 2. That, because of these special circumstances, strict application of the Zoning Code deprives the Property of privileges enjoyed by other property under the identical zoning classification in the vicinity as there are other properties developed with outdoor dining areas within the front setback area. 3. That the variance, under the conditions imposed, if any, 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 use because a parking study was submitted by the applicant determining that the proposed number of parking spaces in conjunction with the valet operation and parking lifts, is sufficient to accommodate the hotel property; 4. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking will adequately accommodate the parking demands of the restaurant; 5. 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 will adequately accommodate the parking demands of the restaurant; 6. That the variance, under the conditions imposed, if any, 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 -3 - PC2013 -068 7. That the variance, under the conditions imposed, if any, 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 and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the restaurant. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Anaheim, based upon the foregoing findings and recitals, as follows: 1. The Planning Commission does hereby approve Conditional Use Permit No, 2013- 05696, Variance No. 2012 -04896 and Final Site Plan No. 2012- 00004, subject to compliance with 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 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 conditions, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 2. 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. 3. The 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. 4. Approval of this application constitutes approval of the proposed request 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. 5. The applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -4- PC2013 -068 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 23, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: Vk��n,wc, d&?' CHAIR, ANAHEIM CITY PLANN G COMMISSION SENIOR SECR'FfARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on September 23, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, CALDWELL, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of September, 2013. SENIOR SECRkYARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2013 -068 EXHIBIT "A" DEV NO. 2012 -00058 APN: 233 - 031 -03 W ORANGEWOOD AVE n 200' ca e— 0 CD CA c co ° d v a 200' C n 0 m M CLIFFWOOD AVE .d d cA Source: Recorded Tract Maps and/or City GIS. T Please note the accuracy is +I- two to five feet. -6- PC2013 -068 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05696 VARIANCE NO. 2012-04896 AND FINAL SITE PLAN NO. 2012-00004 (DEV2012- 00058) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BV PRIOR TO ISSUANCE OF BUILDING PERMITS 1 An automatic fire sprinkler system shall be designed, installed and Fire maintained as required by the Fire Department. This item shall be Department shown on plans submitted for building permits. 2 Plans shall demonstrate that no new drainage fixtures are being added to Public Works, the building. If the project adds sewer or water drainage fixtures, then a Development sewer study will be required. The project shall be halted until the Services applicant submits the sewer study for review and city staff is able to determine there are no impacts to the existing sewer mains. 3 The developer shall submit street improvement plans for the Public Works, reconstruction of two driveway approaches and the entire sidewalk on Development Harbor Boulevard in accordance with current version of Engineering Services Standard Details 115 and 116. The driveway radii shall be 15 ft minimum. Public parkway landscaping (8 foot wide -curb adjacent) shall be constructed with the irrigation connected to the private on -site water system. Street landscaping shall be Golden Medallion trees and Daylily hybrids as the ground cover. Also, the plans shall include all required public improvements for the closure of the driveways in Acama Street, including curb, gutter, sidewalk, landscaping and parkway drain(s) as required. 4 The developer shall post a security to guarantee the construction of Public Works, public works improvements in an amount approved by the City Engineer Development and in a form approved by the City Attorney. The public improvements Services shall be constructed prior to final building and zoning inspections. 5 The developer shall comply with Ordinance No. 5209 and Resolution Public Works, No. 91 R -89 relating to the Transportation Demand Management (TDM) Transportation by joining and financially participating in the ATN and Clean Fuel Services Shuttle Program, and by installing bicycle racks. 6 All requests for new water services or fire lines as well as any Public modifications, relocations, or abandonments of existing water services Utilities, and fire lines shall be coordinated through the Water Engineering Water Division of the Public Utilities Department. Engineering 7 If the project has a landscaping area exceeding 2,500 square feet a Public separate irrigation meter shall be installed in compliance with the Utilities, Landscape Water Efficiency Guidelines. Water Engineering PC2013 -068 8 All existing water services and fire lines shall conform to current Water Public Services Standards Specifications. Any water service and /or fire line that Utilities, does not meet current standards shall be upgraded if continued use is Water necessary or abandoned if the existing service is no longer needed. The Engineering owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 9 The owner /developer shall irrevocably offer to dedicate to the City of Public Anaheim (i) an easement for all large domestic above - ground water Utilities, meters and fire hydrants, including a five (5) -foot wide easement around Water the fire hydrant and /or water meter pad. (ii) a twenty (20) foot wide Engineering easement for all water service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the owner. 10 The developer /owner shall submit to the Public Utilities Department, Public Water Engineering Division an estimate of the maximum fire flow rate Utilities, and sprinkler demand, and maximum day and peak hour water demands Water for the project. This information will be used to determine the adequacy Engineering 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.6 of the Water Utility Rates, Rules and Regulations. 11 If the existing 1 % -inch domestic water meter will utilized for the Public existing service connection, the property owner /developer shall install a Utilities, lead -free backflow prevention assembly that meets the City of Anaheim Water standards. If the existing service lateral is not used, it must be Engineering abandoned at the City main per City standards prior to the issuance of building permits. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 12 Prior to final building and zoning inspections, the property Planning owner /developer shall submit to the Planning and Building Department a Department, letter from a licensed landscape architect certifying that all landscaping Building and irrigation systems have been installed in accordance with Division landscaping plans approved in connection with the Final Site Plan. (Mitigation Measure 5.1 -7 of the Anaheim Resort Specific Plan EIR) 13 Prior to the final building and zoning inspection, the property owner Public Works, shall record a covenant on the property requiring that ongoing during Transportation project implementation, the property owner /developer shall implement Services and administer a comprehensive Transportation Demand Management (TDM) program for all employees. The form of the covenant shall be approved by the City Attorney's Office. Objectives of the TDM program shall be: PC2013 -068 PC2013 -068 a. Increase ridesharing and use of alternative transportation modes by guests. b. Provide a menu of commute alternatives for employees to reduce project - generated trips. c. Conduct an annual commuter survey to ascertain trip generation, trip origin, and Average Vehicle Ridership. (Mitigation Measure 5.14 -8 of the Anaheim Resort Specific Plan EIR) 14 The existing pole sign shall be removed. Any new monument sign Planning installed must in a location that conforms to the Anaheim Resort Specific Department Plan and all City Standard Details and does not create an unsafe situation for pedestrians or vehicles. The monument sign location must also be outside of any easements. ONGOING DURING PROJECT OPERATION 15 Any graffiti painted or marked upon the premises or on any adjacent Police No additional area under the control of the licensee shall be removed or painted over Department demonstration within 24 hours of being applied. required 16 The parking lot of the premises shall be equipped with lighting of Police sufficient power to illuminate and make easily discernible the Department appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. 17 All entrances to the parking lot shall be posted with appropriate signs per Police 22658(a) C.V.C., to assist in removal of vehicles at the property Department owners /managers request. 18 "No Trespassing 602(k) P.C." signs shall be posted at the entrances of Police the parking lot. Signs must be at least 2' x 1' in overall size, with white Department background and black 2" lettering. 19 Rooftop address numbers for the police helicopter shall be provided and Police shall maintain a minimum size of 4' in height and 2' in width. The lines Department of the numbers are to be a minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 20 Complete a Burglary /Robbery Alarm Permit application, Form APD Police 516, and return it to the Police Department prior to initial alarm Department activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 21 The subject Property shall be developed substantially in accordance with Planning No additional plans and specifications submitted to the City of Anaheim by the Department, demonstration petitioner and which plans are on file with the Planning Department, and Planning required as conditioned herein. Services 22 Extensions for further time to complete conditions of approval may be Planning No additional granted in accordance with Section 18.60.170 of the Anaheim Municipal Department, demonstration required Code. Planning Services PC2013 -068 23 That timing or compliance with conditions of approval may be amended g p pp y Planning Department, No additional demonstration by the Planning Director upon a showing of good cause provided (i) Planning required equivalent timing is established that satisfies the original intent and Services purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 24 All parking operations shall be consistent with the parking study Planning Department, No additional demonstration submitted with the application and with approved site plans. Valet Planning required operations must remain in effect full time until a stable demand pattern is Services established. At any time that the demand for parking exceeds the available parking spaces, the valet operations must be in effect. The parking lifts are to be used for employee vehicles only. The business shall at all times have an employee trained in the use of the lifts onsite to operate the parking lifts. The parking lifts are not to be used for customer vehicles or operated by customers. 25 Within 90 days of the opening of the restaurant the property owner shall Planning submit to the Planning Department recommendations prepared by a Department, Planning licensed traffic engineer on reduced hours of valet service. Reduction Services shall be approved by the Planning Director. The property owner may request future changes by submitting a written request with new hours and reasons for the request. The Planning Director may approve or deny or require additional professionally prepared analyses of parking operations. The Planning Director may require expanded hours of valet service upon determination that patrons or employees of this business are parking on other property or on nearby streets. 26 Approval of this application constitutes approval of the proposed request Planning Department, No additional demonstration only to the extent that complies with the Anaheim Municipal Zoning Planning required Code and any other applicable City, State and Federal regulations. Services Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 27 The Applicant shall defend, indemnify, and hold harmless the City and Planning Department, No additional demonstration its officials, officers, employees and agents (collectively referred to Planning required individually and collectively as "Indemnitees ") from any and all claims, Services 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. 10 PC2013 -068