Resolution-PC 2015-019RESOLUTION NO. PC2015 -019
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM
APPROVING CONDITIONAL USE PERMIT NO. 2014 -05773 AND
VARIANCE NO. 2015 -05006 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00133)
(716 -720 SOUTH BEACH BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission ") did receive a verified petition for (i) Conditional Use Permit No. 2014 -05773 to
permit an adult day care facility within an existing commercial building, and (ii) Variance No.
2015 -05006 to allow fewer parking spaces than required by the Anaheim Municipal Code (the
"Code ") (collectively, the "Proposed Project ") for premises located within a commercial center at
716 -720 South Beach Boulevard, in the City of Anaheim, County of Orange, State of California.
The commercial center is generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property "); and
WHEREAS, the Property is approximately 0.98 -acre in size and is developed with an
existing restaurant building and a two -story retail /office building. The Land Use Element of the
Anaheim General Plan designates the Property for Corridor Residential land uses. The Property
is located within the "C -G" General Commercial Zone. As such, the Property is subject to the
zoning and development standards described in Chapter 18.08 (General Commercial Zone) of
the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 09, 2015 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 and testimony for and against the Proposed Project and 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 (i.e.,
Class 3 — New Construction or Conversion of Small Structures) which consist of construction
and location of limited numbers of new, small facilities or structures; installation of small new
equipment and facilities in small structures; and the conversion of existing small structures from
one use to another where only minor modifications are made in the exterior of the structure. The
Proposed Project will consist of combining the first and second stories of a portion of the center
into a single story and the addition of approximately 592 square feet of space. Therefore,
pursuant to Section 15303 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 hearing with respect to the request for Conditional Use Permit No. 2014 - 05773, does find
and determine the following facts:
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1. The proposed conditional use permit to permit an adult day care facility within an
existing commercial building would not adversely affect the adjoining land uses, or the growth
and development of the area in which it is proposed to be located because Beach Boulevard is a
predominantly commercial corridor consisting of other commercial uses; and, the use would
provide a much - needed service for residents in the immediate area; and
2. The size and shape of the site is adequate to allow the full development of the
existing use in a manner not detrimental to the particular area nor to the health, safety and
general welfare of the public because the Property is currently improved with a commercial retail
center; and
3. The traffic generated by permitting an adult day care facility within an existing
commercial building would not impose an undue burden upon the streets and highways designed
and improved to carry the traffic in the area because the traffic generated by this use will not
exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be
provided to accommodate the use; and
4. The granting of the conditional use permit will not be detrimental to the health
and safety of the citizens of the City of Anaheim because the Property is a commercial center
which allows an adult day care facility within an existing commercial building, subject to the
granting of a conditional use permit, and the use would be compatible with the surrounding area,
subject to compliance with the conditions contained herein.
WHEREAS, the Planning Commission does further find and determine that the request
for a variance to allow fewer parking spaces than required by the Code in conjunction with the
proposed adult day care facility, should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(64 spaces required; 51 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 all uses on site than the number of such spaces
necessary to accommodate all vehicles attributable to such uses under the normal and reasonably
foreseeable conditions of operation of such uses.. A parking justification letter was prepared by
the applicant, determining that the current number of parking spaces within the Property is
sufficient to accommodate all of the current and future uses on site. Additionally, since the day
care clients will be transported to the facility via shuttle buses as they are not able to drive
vehicles, parking would be adequate to accommodate the full parking demands for the property;
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 Property because existing parking spaces on site will adequately accommodate the peak
parking demands of the existing restaurant and the proposed day care facility as the peak parking
demands of all existing and future uses will not occur at the same time;
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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 for the Property will adequately
accommodate peak parking demands for the current and futures uses on the site;
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 Property; 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.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2014 -05773 and Variance No. 2015- 05006, 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 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
condition(s), (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 to Permit
Approval) and 18.60.200 (City- Initiated 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.
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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
March 9, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CH IRMAN, PLANNI OMMISSION
OF ZHE CITY OF AMAHE4M
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 March 9, 2015, by the following vote of the
members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 9 day of March, 2015
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A, f
DEV NO. 2014-00133
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Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2014-05773 AND VARIANCE NO. 2015-05006
(DEV2014- 00133)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
ON -GOING DURING PROJECT OPERATIONS
1
That the existing gates shall remain open during the business hours of
Public Works
both the existing restaurant and the proposed day care facility.
Traffic
PRIOR TO ISSUANCE OF BUILDING PERMITS
2
Please submit construction documents to Building Division for plan
review. Construction document shall include but not limited to
Planning
Architectural drawings, Structural drawings and structural calculations,
Department,
Soils report, Energy Efficiency Standards documentations, Plumbing
Building
drawings, Electrical drawings, Mechanical drawings, and California
Division
Green Building Code compliance documentations.
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
3
The legal property owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to the Public Works Department,
Development Services Division. A Certificate of Compliance or
Public Works
Conditional Certificate of Compliance shall be approved by the City
Development
Surveyor and recorded in the Office of the Orange County Recorder prior
Services
to issuance of a building permit.
4
A fire alarm system shall be designed, installed and maintained as
required by the Fire Department.
Fire Department
GENERAL
5
The subject Property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
planning Department,
applicant and which plans are on file with the Planning Department, and
Planning Services
as conditioned herein.
Division
6
Conditions of approval related to each of the timing milestones above
shall be prominently displayed on plans submitted for permits. For
example, conditions of approval that are required to be complied with
Planning Department,
prior to the issuance of building permits shall be provided on plans
Planning Services
submitted for building plan check. This requirement applies to grading
Division
permits, final maps, street improvement plans, water and electrical plans,
landscape irrigation plans, security plans, parks and trail plans, and fire
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
and life safety plans, etc.
7
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
planning Department,
issuance of the final invoice or prior to the issuance of building permits
for this project, whichever occurs first. Failure to pay all charges shall
planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
8
The Applicant shall defend, indemnify, and hold harmless the City and
its officials, officers, employees and agents (collectively referred to
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
Planning Department,
made prior to the decision, or to determine the reasonableness, legality or
Planning Services
validity of any condition attached thereto. The Applicant's
Division
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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