Resolution-PC 2014-059RESOLUTION NO. PC2014 -059
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING VARIANCE NO. 2014 -04974 AND AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2004 -04848 AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2014- 00050)
(1585 SOUTH MANCHESTER AVENUE)
WHEREAS, on June 14, 2004, the Planning Commission of the City of Anaheim
(herein referred to as the "Planning Commission ") adopted Resolution No. PC2004 -64 to
approve Conditional Use Permit No. 2004 -04848 for fifteen (15) years, to expire on June 14,
2019, to permit office uses in an existing legal nonconforming industrial building with waiver of
the minimum number of required parking spaces (herein referred to as the "Original CUP ") on
that certain real property located at 1585 S. Manchester Avenue in the City of Anaheim, as
generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property "). The conditions of approval which were the subject of the Original
CUP shall be referred to herein collectively as the 'Previous Conditions of Approval "; and
WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code
( "Code "), the applicant filed a petition to amend the Original CUP to expand the approved office
use into a portion of the building previously designated as storage /warehouse area, resulting in
the entire building being utilized for office uses, in conjunction with a petition for Variance No.
2014 -04974 to permit fewer off -street parking spaces than required by the Zoning Code (herein
referred to as the 'Proposed Project "). The proposed amendment to the Original CUP includes a
petition for the modification of the duration of the Original CUP from its current expiration date
of June 14, 2019 to April 6, 2020. The proposed amendment to the Original CUP is designated
as Conditional Use Permit No. 2004- 04848A; and
WHEREAS, this Property is approximately 4.3 acres in size and is developed
with an office building. The Anaheim General Plan designates the Property for Commercial
Recreation land uses. The Property is located within the boundaries of Development Area 1 of
the Anaheim Resort Specific Plan Area. As such, the Property is located in the Anaheim Resort
Specific Plan No. 92 -2 (SP 92 -2) Zone and is subject to the zoning and development standards
described in Chapter 18.116 of the Code; and
WHEREAS, on July 28, 2014, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear
and consider evidence for and against proposed Variance No. 2014 -04974 and Conditional Use
Permit No. 2004- 04848A, and to investigate and make findings and recommendations in
connection therewith; and
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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 (i.e.,
Class 1 — Existing Facilities) 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 does further find and determine that the
request for a variance for less parking than required by Code should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(271 spaces required; 249 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 based on
the parking study which indicates that the peak parking demand for off - street parking
spaces is substantially lower than the quantity provided for the project site;
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 lot has more than adequate
parking to accommodate the office building's peak parking demands;
3. That the variance, under the conditions imposed, if any, 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 lot has more than
adequate parking to accommodate the office building's peak parking demands;
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 church and office building.
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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 Conditional Use Permit No. 2004- 04848A,
does find and determine the following facts:
1. The request to permit office uses in an existing legal nonconforming
industrial building is properly one for which a conditional use permit is authorized under
subsection .040.0402 of Section 18.116.070.030 of the Code.
2. The office expansion into the existing storage /warehouse area, under the
conditions imposed, will not adversely affect the surrounding land uses, or the growth
and development of the area in which it is proposed to be located because the office
expansion is proposed wholly within the existing building and the existing use has proven
to be compatible with surrounding land uses within the area.
3. The size and shape of the Property is adequate to allow the full operation
of the office use because no exterior expansion of the building is proposed. Office uses
currently occur on the Property in a manner not detrimental to the particular area or to the
health, safety and general welfare. Further, the current operation is less intense than that
originally approved because of the change from "walk in" to "appointment only"
operations.
4. The traffic generated by the office expansion is negligible and would not
impose an undue burden upon the streets and highways designed and improved to carry
the traffic in the area. No significant intensification of activity is associated with the
change from storage /warehouse to office since a significant portion of the expansion is
associated with ancillary employee areas.
5. The granting of Conditional Use Permit No. 2004- 04848A under the
conditions imposed will not be detrimental to the health and safety of the citizens of the
City of Anaheim and will provide an integrated land use that is compatible with the
surrounding area.
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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the
reasons hereinabove stated, that Conditional Use Permit No. 2004- 04848A and Variance No.
2014 -04974 are hereby approved, thereby amending the Original CUP and permitting fewer off -
street parking spaces than required by the Zoning Code for the Proposed Project.
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BE IT FURTHER RESOLVED that effective upon the effective date of this
Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated
herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions
of Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for the Original CUP and this Conditional Use Permit
No. 2004- 04848A shall be to the Revised Conditions of Approval attached to this Resolution as
Exhibit B , which shall control and govern the Original CUP, as amended by Conditional Use
Permit No. 2004- 04848A.
BE IT FURTHER RESOLVED that the Revised Conditions of Approval
described in Exhibit B attached hereto are hereby found to be a necessary prerequisite to the
proposed use of the Property in order to preserve the 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.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation
of this this Conditional Use Permit No. 2004- 04848A and Variance No. 2014 -04974 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 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 Conditional Use Permit No.
2004- 04848A and Variance No. 2014 -04974 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of July 28, 2014. 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.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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 July 28, 2014, by the following vote of the
members thereof:
AYES: COMMISSIONERS: CALDWELL, SEYMOUR, LIEBERMAN, RAMIREZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AGARWAL, BOSTWICK, DALATI
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of July, 2014.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014-00050
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Source: Recorded Tract Maps and /or City GIS.
�.• Please note the accuracy is */- two to five feet.
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EXHIBIT `B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2004-04848
(CONDITIONAL USE PERMIT NO. 2004-04848A)
(DEV2014- 00050)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
WITHIN 30 DAYS OF APPROVAL OF THE PERMIT
1
Existing chain link fences shall have be planted with vines to
Planning Department,
reduce graffiti opportunities.
Planning Services
Division
PRIOR TO COMMENCEMENT OF OFFICE TENANT IMPROVEMENTS
2
Plans shall be submitted to the Building Division, for the
Planning Department,
portion of the building that will have a change in occupancy,
Planning Services
showing compliance with the minimum standards of the City
Division
of Anaheim, including the Uniform Building, Plumbing,
Electrical, Mechanical and Fire Codes as adopted by the City
of Anaheim. The appropriate permits shall be obtained for
any necessary work.
OPERATIONAL CONDITIONS
3
Conditional Use Permit No. 2004- 04848A shall expire on
Planning Department,
April 6, 2020.
Planning Services
Division
4
All uses shall be conducted indoors, with no outdoor areas
Planning Department,
used as waiting areas and that the parking lot shall only be
Planning Services
used for parking and circulation, not uses related to the
Division
offices.
5
A security guard shall be provided on -site during the hours
Planning Department,
of operation of the CIS facility.
Planning Services
Division
6
Sweeping operations in the parking lot shall be performed
Planning Department,
utilizing sweeping/scrubbing equipment which operate at a
Code Enforcement
level measured not greater than 60dBA at the nearest
Division
property line.
7
Any graffiti painted or marked upon the premises or on any
Planning Department,
adjacent area under the control of the licensee shall be
Code Enforcement
removed or painted over within 24 hours of being applied.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
8
All parking lots shall include controlled access points to limit
Planning Department,
ingress and egress.
Planning Services
Division
9
Gates shall not be installed across any driveway in a manner,
Planning Department,
which may adversely affect vehicular traffic on the adjacent
Planning Services
public street. Installation of any gates shall conform to the
Division
Engineering Standard Plan No. 475 and shall be subject to
the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building
permit.
GENERAL CONDITIONS
10
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the
Planning Services
City of Anaheim by the petitioner and which plans are on file
Division
with the Planning Department marked Exhibit Nos. 1 and 2,
and as conditioned herein.
11
The Applicant shall defend, indemnify, and hold harmless
Planning Department,
the City and its officials, officers, employees and agents
Planning Services
(collectively referred to individually and collectively as
Division
"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.
12
The applicant is responsible for paying all charges related to
Planning Department,
the processing of this discretionary case application within
Planning Services
30 days of the issuance of the final invoice or prior to the
Division
issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays
in the issuance of required permits or may result in the
revocation of the approval of this application.
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