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Resolution-PC 2013-085RESOLUTION NO. PC2013 -085 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING VARIANCE NO. 2013 -04938 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00071) (801 -817 SOUTH ANAHEIM BOULEVARD AND 120 WEST SOUTH STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for the approval of Tentative Tract Map No. 17618 and Variance No. 2013 -04938 to permit a 42 lot subdivision for a proposed mixed -use development (the "Project ") for certain real property located at 801 -817 South Anaheim Boulevard and 120 West South Street in the City of Anaheim, County of Orange, State of California, generally depicted on the map attached hereto as Exhibit A, and incorporated herein by this reference (the "Property "). The request for Variance No. 2013 -04938 involves variances from street and interior setback requirements and parking requirements of the Anaheim Municipal Code (herein referred to as the "Code "); and WHEREAS, the Property, consisting of approximately 1.79- acres, is developed with an automobile sales and repair facility. The Anaheim General Plan designates the Property for Mixed Use land uses. The Property is located within the C -G (SABC- Neighborhood Commercial District) (General Commercial, South Anaheim Boulevard Corridor Overlay - Neighborhood Commercial District). As such, the Property is subject to the zoning and development standards described in Chapter 18.24 of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 2, 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 Variance No. 2013 -04938 concurrently with Tentative Tract Map No. 17618 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 categorically exempt from the requirement for the preparation of environmental documents under CEQA pursuant to Section 15332 (Class 32 — In -Fill Development Projects) and Section 15183.3 (Streamlining for Infill Projects) of Title 14 of the California Code of Regulations, involving the construction of a 42- unit condominium complex, including 10 live /work units, with fewer parking spaces and smaller structural setbacks than required by the Code; 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 to permit the Project on the Property does find and determine the following facts: - 1 - PC2013 -085 WHEREAS, the Planning Commission does further find and determine that the variance request from the setback requirements of the Code should be approved for the following reasons: SECTION NO. 18.08.060.010 SECTION NO. 18.08.060.010 Minimum Landscaped setback (15 feet required; 2 feet proposed) Minimum Structural setback (51 feet required; 10 feet 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. 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 since a portion of the Property has a narrow and irregular shape as compared to other commercial properties located on Anaheim Boulevard. SECTION NO. 18.42.040.010 Minimum number of parking spaces. (139 spaces required; 126 spaces proposed with 24 tandem spaces) 1. That the parking variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the Proposed Project 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 the site has enough parking spaces to accommodate all of the uses on the site. The parking study for the Proposed Project indicates that a maximum demand of 126 parking spaces is needed for the entire site. The site will provide a total of 126 spaces, therefore, adequate parking will be provided for the site; and 2. That the parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Proposed Project because the on -site parking within the development will adequately accommodate the parking demands of the Proposed Project; and 3. That the parking 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 Project because the on -site parking for the center will adequately accommodate parking demands of all uses on the site. The site will generate a parking demand of 126 parking spaces and 126 parking spaces will be provided; and 4. That the parking variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the Proposed Project because the project site provides adequate ingress and egress points to the property and are designed to allow for adequate on -site circulation; and -2- PC2013 -085 5. That the parking variance, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Proposed Project because the project site has ingress and 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 center; and NOW THEREFORE BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2013 -04938 subject to and contingent upon the approval of Tentative Tract Map No. 17618, now pending, and upon satisfaction of the conditions of approval described in described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject 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 Anaheim Municipal Code. BE IT FURTHER RESOLVED, that this permit 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 this application 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 2, 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. UtRD-t-, P*\I a CHAIR, ANAHEIM CITY P A ING COMMISSION ATTEST: ,4� zl�_�'­ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -085 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 December 2, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 2" a day of December, 2013. r SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -085 EXHIBIT "A" DEV NO. 2013 -00071 APN: 037 - 071 -13 037 - 071 -30 037 - 071 -31 W s�UEcKt.E ASE a 'Z E Sa UTN S� r- v O y 2 Z `^t 6 Sa rn w. ?� O 23� G 'o O 35 , MpCPSL.V MNR W E V p,EEt,C\� Pv E W vAEENC`P pVE c o L Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is +/- two to five feet. -5- PC2013 -085 EXHIBIT "B" VARIANCE NO. 2013-04938 (DEV2013- 00071) -6- PC2013 -085 REVIEW SIGNED NO. CONDITIONS OF APPROVAL BY OFF BY PRIOR TO ISSUANCE OF BUILDING PERMIT 1 Prior to commencement of structural framing, fire hydrants shall be Fire installed and charged as required and approved by the Fire Department. Department 2 An all- weather access road as approved by the Fire Department shall Fire be provided during construction. Department 3 All lots and condominium units shall be assigned street addresses by Planning the Building Division. Department, Building Division 4 Existing sewer deficiencies are identified in downstream City sewers Public Works serving this property. Such deficiency shall be remedied and sewer Department, improvement plans shall be submitted to Public Works for review and Development approval prior to issuance of grading permits. Prior to issuance a Services building permit, the owner shall obtain a right -of -way construction Division permit, post a bond in an amount approved by the City Engineer and in a form approved by the City Attorney, and commence the required sewer improvements. 5 That a private water system with separate water service for fire Public protection and domestic water shall be provided. Such improvements Utilities shall be shown on plans submitted for building permits. Department Water Engineering 6 That all backflow equipment shall be located above ground outside of Public the street setback area in a manner fully screened from all public streets Utilities and alleys. Any backflow assemblies currently installed in a vault will Department have to be brought up to current standards. Any other large water Water system equipment shall be installed to the satisfaction of the Water Engineering 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. -6- PC2013 -085 7 That 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 Water Engineering Division Department of the Anaheim Public Utilities Department. Water Engineering 8 That all existing water services and fire services shall conform to Public current Water Services Standards Specifications. Any water service Utilities and/or fire line that does not meet current standards shall be upgraded Department if continued use is necessary or abandoned if the existing service is no Water longer needed. The owner /developer shall be responsible for the costs Engineering to upgrade or to abandon any water service or fire line. 9 The Owner shall irrevocably offer to dedicate to the City of Anaheim Public (i) an easement for all large domestic above - ground water meters and Utilities fire hydrants, including a five (5) -foot wide easement around the fire Department hydrant and/or water meter pad (ii) a twenty (20) foot wide easement Water for all water service laterals all to the satisfaction of the Water Engineering 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 and included and recorded in the Master CC & Rs for the project. 10 That the developer /owner shall submit to the Public Utilities Public Department Water Engineering Division an estimate of the maximum Utilities fire flow rate and maximum day and peak hour water demands for the Department project. This information will be used to deter the adequacy of the Water existing water system to provide the estimated water demands. Any Engineering 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 A plan sheet for solid waste storage and collection and a plan for Public recycling shall be submitted to the Public Works Department, Streets Works - and Sanitation Division for review and approval. Streets and Sanitation Division -7- PC2013 -085 PRIOR TO FINAL BUILDING AND ZONING INSPECTION 12 All required sewer improvements shall be completed and operational to Public Works the satisfaction of Construction Services. Department, Development Services Division 13 That prior to final building and zoning inspection, fire lanes shall be Public Works posted with "No Parking Any Time." Said information shall be Department, specifically shown on plans submitted for building permits. Development Services Division 14 All existing improvements on South Street, MacArthur Manor and Public Works Anaheim Boulevard shall be removed and replaced with parkway Department, landscaping and sidewalk including damaged curb and gutter as Development directed by the City Engineer. A Right -of -Way Construction Permit Services shall be obtained from the Public Works Department. Said information Division shall be specifically shown on plans submitted for building permits. 15 Trash storage areas shall be provided and maintained in a location Public Works acceptable to the Public Works Department, Streets and Sanitation Department, Division and in accordance with approved plans on file with said Development Department. Said storage areas shall be designed, located and screened Services so as not to be readily identifiable from adjacent streets or highways. Division The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 16 The developer shall improve South Street, MacArthur Manor and Public Works Anaheim Boulevard per Public Works Standard Detail 160 -A. Department, Development Services Division 17 The applicant shall: Public Works • Demonstrate that all structural BMPs described in the Project Department, WQMP have been constructed and installed in conformance with Development approved plans and specifications. Services Division • Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. -8- PC2013 -085 18 ADA compliant curb access ramps with truncated domes shall be Public Works constructed at Anaheim Boulevard/MacArthur Manor, Anaheim Department, Boulevard/South Street and on both sides of the private drive at Development Anaheim Boulevard in conformance with Public Works Standard Services Detail 111 -3. Division 19 A stop sign shall be installed and stop legend shall be painted on the Public Works private drive in the eastbound direction at Anaheim Boulevard prior to Department, final building and zoning inspection. Subject property shall thereupon Development be developed and maintained in conformance with said plans. Services Division 20 Residential buildings /units shall be pre -wired for the future installation Police of an alarm system. Department 21 Each individual building and unit should be clearly marked with its Police appropriate building number and address. These should be positioned Department so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers should be a minimum height of 12" and illuminated during the hours of darkness. 22 Adequate lighting of parking lots and associated circulation areas, Police aisles, passageways, recesses, and grounds contiguous to buildings Department 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 persons, property, and vehicles on -site. PRIOR TO OCCUPANCY 23 The CC &Rs recorded with this property shall include a provision Planning requiring that all of the garage parking spaces shall be maintained in Department, an unobstructed manner and available for parking at all times. Planning Services Division 24 That 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. Development Services Division 25 Lockable pedestrian and /or vehicular access gates shall be equipped Fire with Knox devices as required and approved by the Fire Department. Department -9- PC2013 -085 26 All fire services 2 -inch and smaller shall be metered with a UL listed Public meter, Hershey Residential Fire Meter, (lead -free) with Translator Utilities Register, no equals. Department Water Engineering GENERAL 27 The hours of operation for the commercial units shall be limited to 7 Planning a.m. to 7 p.m. daily. Department, Planning Services Division 28 The applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively referred Department. to individually and collectively as "Indemnities ") from any and all Planning claims, actions or proceedings brought against Indemnities to attack, Services review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 29 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department. the issuance of the final invoice or prior to the issuance of building Planning permits for this project, whichever occurs first. Failure to pay all Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 30 The premises shall be developed substantially in accordance with Planning plans and specifications submitted to and reviewed and approved by Department. the City of Anaheim, which plans are on file with the Planning Planning Department marked as Exhibit Nos. 1 -27. Services L _ Division _10- PC2013 -085