Resolution-PC 2013-073RESOLUTION NO. PC2013 -073
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO. 2013 -05672 AND
VARIANCE NO. 2013-04944 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2013- 00059)
(2375 — 2383 WEST LINCOLN AVENUE)
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-
05672 and Variance No. 2013 -04944 to convert an existing motel and restaurant to a student
housing and dining hall facility, to include an outdoor dining area and outdoor sports courts (the
"Project ") with a variance from minimum parking requirements of the Anaheim Municipal Code
(herein referred to as the "Code ") for certain real property located at 2375 — 2383 West Lincoln
Avenue 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 1.8- acres, is developed with a 83
room motel and restaurant. The Property is located in the General Commercial Zone. The
Anaheim General Plan designates the Property for Low Medium Density Residential land uses;
and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 7, 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 and
variance 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 proposed project is within that class of projects 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 Title 14 of the California Code
of Regulations, 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 hearings pertaining to the request for a Conditional Use Permit to convert an existing motel
and restaurant to a student housing and dining hall facility, to include an outdoor dining area and
outdoor sports courts, does find and determine the following facts:
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1. Because the proposed student housing and dining hail is a use not authorized or
mentioned in any zone throughout the City, such use may be authorized by conditional use
permit pursuant to Section 18.66.040.020.0202 (Unlisted Uses) of the Zoning Code.
2. The proposed student housing and dining hall would not adversely affect the
adjoining land uses, or the growth and development of the area in which it is proposed to be
located. To minimize impacts on the existing multiple family residential uses surrounding the
property, this approval includes conditions of approval to restrict the hours of operation for all
outside sports activities.
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 properties.
S. 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 properties.
WHEREAS, the Planning Commission does further find and determine that the variance
to permit fewer parking spaces than required by the Code should be approved for the following
reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(111 spaces required; 78 spaces proposed)
1. 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 traffic and parking study was
submitted by the applicant determining that the proposed number of parking spaces in
conjunction with the student housing facility is sufficient based upon the operational
characteristics of the school;
2. 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 studenthousing facility;
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
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proposed use because the on -site parking will adequately accommodate the parking demands of
the student housing facility;
4. 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
5. 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 student
housing facility.
BE IT RESOLVED that the PIanning Commission does hereby approve Conditional Use
Permit No. 2013 -05672 and Variance No. 2013 - 04944, 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.
BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2013 -05672 and
Variance No. 2013 -04944 is approved without limitations 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 Anaheim Municipal Code.
BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013 -05672
and Variance No. 2013 -04944 constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal 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.
BE IT FURTHER RESOLVED that 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 7, 2013. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures
and may be replaced by a City Council Resolution in the event of an appeal.
V W A -
CHAIR, ANAHEIM CITY PLAN NG COMMISSION
ATTEST:
SENIOR SECRETARY, 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 October 7, 2013, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN,
RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, PERSAUD
IN WITNESS WHEREOF, I have hereunto set my hand this 7"' day of October 7, 2013.
SENIOR SELaKETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2013 - 00059
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Source: Recorded Tract Maps andlor City GIS,
L Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2013 -05672
VARIANCE NO. 2013-04944
(DEV2013- 00059)
NO
CONDITIONS OF APPROVAL
REVIEW
SIGNED
BY
OFF BY
PRIOR TO ISSUA OF BUI LDING PERMITS
1
If the project has a landscaping area exceeding 2,500 square feet, a
Public
separate irrigation meter shall be installed in compliance with the City's
Utilities,
Landscape Water Efficiency Guidelines.
Water
Engineering
2
The existing three inch water meter serving the property is substandard
Public
and shall be replaced. The water meter shall be located above ground,
Utilities,
behind the property line, and setback in an easement. A lead -free RP
Water
backflow prevention assembly meeting the City's current standard shall
Engineering
be installed.
3
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.
4
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.
5
The owner of subject property shall submit a letter requesting
Planning
termination of Conditional Use Permit Nos. 955 and 983 to the Planning
Department
Division.
ONGOING DURING PROJECT OPERATION
6
The student housing facility shall be limited to a maximum of 200
Code
No additional
students.
Enforcement
demonstration
required
7
Any graffiti painted or marked upon the premises or on any adjacent
Code
No additional
area under the control of the licensee shall be removed or painted over
Enforcement
demonstration
within 24 hours of being ap plied.
required
8
All outdoor sports activities shall be permitted between 7:00 a.m. and
Code
No additional
10:00 p.m. Sunday through Thursday, and 7:00 a.m. to 11:00 p.m.
Enforcement
demonstration
Friday and Saturday.
required
9
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.
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10
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.
11
Complete a Burglary /Robbery Alarm Permit application, Form APD 516,
Police
and return it to the Police Department prior to initial alarm activation.
Department
This form is available at the Police Department front counter, or it can be
downloaded from the following web site:
http: / /ww ?id =678
12
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
required
as conditioned herein.
13
Granting f the conditional use p ermit and variance shall be contingent
g p g
Planning
Department
No additional
demonstration
upon operation of this facility in conformance with the assumptions and/or
required
conclusions relating to the operation and intensity of this use as described
in the traffic and parking study dated June 21, 2013 prepared by LLG.
Exceeding, violating, intensifying or otherwise deviating from any of said
assumptions and/or conclusions, as contained in the study, may subject this
permit to termination pursuant to the provisions of Chapter 18.60 -
Procedures of the Anaheim Municipal Code.
14
The Ap shall defend indemn and hold harmless the Cit and its
pp f Y �'
e Planning rme
Department
No additional
d
de
officials, officers, employees and agents (collectively referred to
required
individually and collectively as "Indemnitees ") from any and all claims,
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.
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