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PC 2016/05/02 City of Anaheim Planning Commission Agenda Monday, May 2, 2016 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Michelle Lieberman • Chairman Pro-Tempore: Mitchell Caldwell • Commissioners: Paul Bostwick, Bill Dalati, Grant Henninger, Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Public Hearing Items • Commission Updates • Discussion • Adjournment For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. A copy of the staff report may be obtained at the City of Anaheim Planning and Building Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, April 28, 2016, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning and Building Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 05/02/2016 Page 2 of 4 APPEAL OF PLANNING COMMISSION ACTIONS Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits, Variances, Public Convenience or Necessity Determinations, Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. 05/02/2016 Page 3 of 4 Public Hearing Items ITEM NO. 2 VARIANCE NO. 2015-05028 (DEV2015-00081) Location: 2952 West Lincoln Avenue Request: To permit reduced structural and landscape setbacks and less parking spaces than required by the Zoning Code to construct a new commercial retail development (AutoZone). Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 2 (Replacement and Reconstruction) Categorical Exemption. Resolution No. ______ Project Planner: Gustavo Gonzalez ggonzalez@anaheim.net ITEM NO. 3 VARIANCE NO. 2016-05062 (DEV2016-00013) Location: 626 North Pauline Street Request: A variance to permit less parking spaces than required by the Zoning Code to permit and retain an existing transitional housing facility. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. ______ Project Planner: Kevin Clausen kclausen@anaheim.net Adjourn to Monday, May 16, 2016 at 5:00 p.m. 05/02/2016 Page 4 of 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 1:00 p.m. April 27, 2016 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MAY 2, 2016 SUBJECT: VARIANCE NO. 2015-05028 LOCATION: 2952 West Lincoln Avenue (AutoZone) APPLICANT/PROPERTY OWNER: The applicant is Karl H. Huy of Travis Companies, Inc., representing the owner, AutoZone, Inc. REQUEST: The applicant requests approval of a variance to permit reduced side yard landscape and structural setbacks and less parking spaces than required by code to construct a new commercial building. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 2, Replacement and Reconstruction) and approving Variance No. 2015-05028. BACKGROUND: This 0.49-acre property is located at the southwest corner of Lincoln Avenue and Laxore Street. The project site is developed with single-story vacant commercial retail building. The property is located in the “C-G” (General Commercial) zone and the property is designated for General Commercial land uses by the General Plan. Surrounding land uses include vacant land to the north across Lincoln Avenue and commercial uses to the west, south and east across Laxore Street. PROPOSAL: The applicant proposes to demolish an existing 2,410 square-foot vacant commercial building and surrounding landscape and parking areas to accommodate the construction of a new 6,218 square foot AutoZone retail store. The project also includes a new trash enclosure, landscape planters, and parking lot. An existing pylon sign would be removed and replaced with a new monument sign in compliance with the Code. Two driveway approaches along Lincoln Avenue and Laxore Street would also be removed, leaving a single driveway approach along each street frontage. Parking and vehicular access would be shared with the adjacent commercial retail center to the south and west of the project site. The project requires 12 feet of right-of-way dedication along Lincoln Avenue, as well as a corner cutoff dedication, and a 25-by-25- foot corner triangle clear zone for traffic visibility at the northeast corner of the project site. To accommodate the proposed project, a lot line adjustment has be reviewed and approved by Public Works staff along the west and east property line to increase the overall size of the site, adding approximately 4.6 feet to the width of the site and approximately 18 feet to the depth. VARIANCE NO. 2015-05028 May 2, 2016 Page 2 of 5 A 15-foot wide landscape and structural setback is required along Lincoln Avenue and a 19.6-foot wide setback is proposed from the ultimate right-of-way line. A ten-foot wide landscape and structural setback is required along Laxore Avenue and a five-foot setback is proposed. As such, the applicant is requesting variances to allow reduced landscape and structural setbacks along Laxore Street. An analysis of these variance requests are described further in the Findings and Analysis section of this report. The hours of operation of the retail store are proposed to be from 8:00 a.m. to 10:00 p.m., seven days a week. The retail store would have three work shifts per day with an average of two employees per shift and a maximum of nine employees in total. The building is designed in AutoZone’s corporate contemporary architectural style with a varying roof line and smooth concrete masonry walls painted in white, orange, red and two tones of beige. The east elevation facing Laxore Street also includes landscape trellises with climbing vines to help soften the appearance of the building and to serve as a graffiti deterrent. Approximately half of the floor area would be dedicated to retail sales with the other half dedicated to storage and back-of-house areas. A detailed Development Summary is provided as Attachment No. 4 to this report. The Anaheim Municipal Code requires a total of 34 parking spaces for the proposed use and the applicant proposes to provide 26 parking spaces. As such, the applicant is requesting a variance to allow fewer parking spaces than required by code. An analysis of this variance request is described further in the Findings and Analysis section of this report. FINDINGS AND ANALYSIS: Following is staff’s analysis and recommendation for each requested variance: Landscape and Structural Setback Variances: Before the Planning Commission may approve the requested landscape and structural setback variances, it must make a finding of fact that the evidence presented shows that the following conditions exist: 1) That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2) That, because of the special circumstances, shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The Zoning Code allows a retail store to be constructed in the C-G Zone by right, but the applicant is requesting variances to allow reduced landscape and structural setbacks along the Laxore Street frontage. The Zoning Code requires ten-foot wide landscape and structural setbacks along this street frontage, and five-foot wide setbacks are proposed. With the lot line adjustment, the subject property has a width of 129.5 feet, a depth of 180 feet and a lot area of 0.47 acres, while all other lots in the immediate vicinity have much larger lot widths and sizes. In addition, the proposed project will be required to provide 12 feet of right-of-way dedication along Lincoln Avenue, as well as a 25-by-25-foot corner triangle clear zone for traffic visibility at the northeast corner of the project site, thereby further reducing the developable area of the site. VARIANCE NO. 2015-05028 May 2, 2016 Page 3 of 5 This lot is smaller than other surrounding C-G zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed use. If this property was of similar size and width of surrounding commercial properties, staff believes that the developer would be able to develop the site in accordance with all applicable Code requirements. As proposed, the project would include a new one-story building with heavy landscaping within the setback area along both street frontages, including vertical landscaped trellises with climbing vines along the building wall facing Laxore Street, thereby minimizing any potential visual impacts. For the reasons stated above, staff believes that there are special circumstances applicable to the property and that the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. Five-foot Landscape and Structural Setback VARIANCE NO. 2015-05028 May 2, 2016 Page 4 of 5 Parking Variance: Before the Planning Commission may approve the parking variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 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; 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; 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 (which property is not expressly provided as parking for such use under an agreement in compliance with subsection .030 of Section 18.42.050 (Non-Residential Uses- Shared Parking Arrangements)); 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; 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. Based upon a ratio of 5.5 spaces per 1,000 square feet of building area for the retail building, the proposed use would require 34 parking spaces, and 26 spaces are proposed (76% of Code requirement). Based on the proposed floor plan, approximately 50 percent of the building square footage will be dedicated to parts inventory racks, storage areas, exit corridors and restrooms that are not accessible to the public. As such, the proposed number of onsite spaces would provide more than the necessary amount of parking to accommodate all vehicles attributable to the proposed use at the project site. Further, the long time operational history of the proposed tenant (AutoZone) at numerous other locations has demonstrated that the average demand for parking spaces required during the typical peak period ranges from nine to sixteen spaces. Two parking counts taken by staff on a weekday peak afternoon at an existing, 7,400 square foot AutoZone store located at 423 North Anaheim Boulevard resulted in a slightly higher parking demand. This store provides 46 parking spaces and 25 spaces were occupied during staff’s first visit, and 18 spaces were occupied during the second visit, for an average of 21 spaces being occupied (45% of the spaces occupied). Based on the above analysis, the project would not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Staff recommends approval of the parking variance request. VARIANCE NO. 2015-05028 May 2, 2016 Page 5 of 5 Environmental Impact Analysis: The project’s potential environmental impacts have been evaluated and staff recommends that the Planning Commission determine that the development qualifies for a Class 2 “Replacement and Reconstruction” exemption allowed under California Environmental Quality Act. In reaching this conclusion, staff determined that the new structure that will replace the existing structure will be located on the same site and will have substantially the same purpose and capacity as the structure replaced. Based on these findings, the project does not meet the minimum thresholds that would suggest the potential for the project to cause a significant effect on the environment. CONCLUSION: Staff believes that the proposed retail use is compatible with the surrounding commercial land uses. The proposed landscape and structural setbacks along Laxore Street can be justified based on the size of the project site and the number of parking spaces would be adequate to serve the proposed business based on the demonstrated parking demand of the business. Based upon these reasons, staff recommends approval of this request. Prepared by, Submitted by, Gustavo Gonzalez Jonathan E. Borrego Senior Planner Planning Services Manager Attachments: 1. Draft Variance Resolution 2. Site Photos 3. Project Plans 4. Development Summary 5. Applicant Request Letter and Variance Justifications T (MHP)SINGLE FAMILY RESIDENCE RM-4BAYWOODAPTS18 DU C-GRETAILC-GRETAIL C-GAMERICANAMOTEL C-GCAR WASH C-GSERVICESTATION C-GSERVICESTATION C-GVACANT RM-4VACANT RM-4APARTMENTS31 DU RM-4RICHMONTSAPARTMENTS84 DU C-GRETAIL C-GRETAIL C-GRETAIL C -G W E L C O M E I N N & S U I T E S C-GRETAIL RM-4BAYWOODAPTS20 DU C-GVACANT RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX RM-4FOURPLEX S B E A C H B L V D N B E A C H B L V D W LINCOLN AVE W LINCOLN AVE S L A X O R E S T S R I D G E W A Y S T W EMBASSY AVE W BAYWOOD AVE S L A X O R E S T N R I D G E W A Y S T W BRISTOL DR W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E W. BROADWAY S . W E S T E R N A V E W. CRESCENT AVE . K N O T T A V E W. LINCOLN AVE 2952 West Lincoln Avenue DEV No. 2015-00081 Subject Property APN: 126-602-33 °0 50 100 Feet Aerial Photo:May 2014 S B E A C H B L V D N B E A C H B L V D W LINCOLN AVE W LINCOLN AVE S L A X O R E S T S R I D G E W A Y S T W EMBASSY AVE W BAYWOOD AVE S L A X O R E S T N R I D G E W A Y S T W BRISTOL DR W. LINCOLN AVE W. ORANGE AVE . CRESCENT AVE S . D A L E A V E S . K N O T T A V E W. BROADWAY S . W E S T E R N A V E W. CRESCENT AVE . K N O T T A V E W. LINCOLN AVE 2952 West Lincoln Avenue DEV No. 2015-00081 Subject Property APN: 126-602-33 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2016 -*** RESOLUTION NO. PC2016 -*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05028 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00081) (2952 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Variance No. 2015-05028 to allow less parking spaces than required by the Zoning Code and reduced landscape and structural setbacks (referred to herein as the "Proposed Project") at that certain real property located at 2952 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is currently developed with a retail building and is located in the "C-G" General Commercial Zone. The Land Use Element of the Anaheim General Plan designates this Property for "General Commercial" land uses; and WHEREAS, all development within the "C-G" General Commercial Zone is subject to the provisions of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zone) of the Anaheim Municipal Code (the "Code"), which provides that the use of the Property as a retail use is among the classes of uses permitted by right; and WHEREAS, the Planning Commission did hold a public hearing on May 2, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code to hear and consider evidence for and against proposed Variance No. 2015-05028 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, this Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 2, Replacement or Reconstruction) which consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, and that, therefore, pursuant to Section 15302 of CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 2 - PC2016 -*** WHEREAS, this 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, including the request letter submitted by the applicant and observations made by staff, does find and determine the following with respect to the request for a variance from the on-site parking requirements of the Code: SECTION NO. 18.42.040.010 Minimum number of parking spaces (35 spaces required; 26 spaces proposed) 1. The variance for the Property, under the conditions imposed, will provide sufficient parking on-site in that approximately 50 percent of the building square footage will be dedicated to parts inventory racks, storage areas, exit corridors and restrooms that are not accessible to the public. As such, the proposed number of onsite spaces would provide more than the necessary amount of parking to accommodate all vehicles attributable to the proposed use at the Property under the normal and reasonably foreseeable conditions of operation of such use; 2. The variance for the Property, 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 use because the longtime operational history of the proposed tenant (AutoZone) at numerous other locations has demonstrated that the average demand for parking spaces required during the typical peak period ranges from nine (9) to sixteen (16) spaces; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the amount of square footage dedicated to areas not accessible to the public, coupled with the proposed tenant’s demonstrated longtime parking demand history, will adequately accommodate peak parking demand of the proposed use on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the Property provides adequate ingress and egress points which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, 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 Property because the Property 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. WHEREAS, this 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, does further find and determine the following with respect to the request for a variance from the Code for reduced side yard structural and landscape setbacks: SECTION NOS. 18.08.060.010.0101 AND Minimum landscape and structural setbacks 18.08.060.010.0102 (10 feet required; 5 feet proposed) - 3 - PC2016 -*** 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. The subject property has a width of 129.5 feet, a depth of 180 feet and a lot area of 0.5 acres, while all other lots in the immediate vicinity have much larger lot widths and sizes. In addition, the proposed project will be required to provide 12 feet of right-of-way dedication along Lincoln Avenue as well as a 25-by-25-foot corner triangle right-of-way dedication for traffic visibility at the northeast corner of the project site, thereby further reducing the developable area of the site. 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 because this lot is smaller than other surrounding C-G zoned properties in the vicinity. This makes it difficult to meet all of the development standards while providing adequate setbacks for the proposed use. Compliance with the required minimum landscape and structural setbacks would also further reduce parking onsite. As proposed, the project would include a new one-story building with heavy landscaping within the setback area along both street frontages, including vertical landscaped trellises with climbing vines along the building wall facing Laxore Street, thereby minimizing any potential visual impacts. WHEREAS, this 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. This 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 Variance No. 2015-05028, 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 and Building 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 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. - 4 - PC2016 -*** 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 May 2, 2016. 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 May 2, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016 -*** - 6 - PC2016 -*** EXHIBIT “B” VARIANCE NO. 2015-05028 (DEV2015-00081) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works, Development Services, Building Division 2 The Owner shall submit a Final Drainage Study prepared by a registered professional Civil Engineer in the State of California. The study shall be based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained, including applicable off-site areas. The study shall include an analysis of 10, 25, and 100-year storm frequencies, an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build-out condition, and address whether off site and/or on-site drainage improvements (such as detention/retention basins or surface run-off reduction) will be required to prevent downstream and upstream properties from becoming flooded. Public Works, Development Services 3 Any drainage above historical flow routed onto adjacent property must be directed to a recorded private drainage easement. Applicant must provide a copy of the recorded document (i.e. letter of acceptance of drainage, in a format acceptable to the City) to the Engineering Department. Public Works, Development Services PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 4 The legal property owner shall irrevocably offer to dedicate to the City of Anaheim on the final map an easement of 65-feet in width from the centerline of Lincoln Avenue for road, public utilities, and other public purposes. Public Works, Development Services - 7 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 The project final WQMP shall be submitted for review and approval and approved by the development services department of public works. The water quality management plan shall address the following items: • The WQMP shall include additional information such as soils analysis, prior contamination, depth to groundwater, etc. to determine the acceptability and capability of this site to use infiltration. • The criteria identified in the DAMP in order to allow infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration areas. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio-retention areas (rain gardens), prior to reaching Public Works, Development Services 6 That street improvement plans shall be submitted for all traffic related improvements adjacent to the project site to the Public Works Department, Development Services Division for review and approval. These plans will show both sides of all streets and alleys adjacent to the property, including all driveways and utility installations, signing and striping. All improvements shall be installed and completed prior to the first final building and zoning inspection. Public Works, Development Services 7 That a bond shall be posted for all traffic related street improvements, including, but not limited to, directional signage, striping, and median islands as required for said project. All improvements identified as required for the project opening shall be completed prior to final building and zoning inspection. Public Works, Development Services 8 The developer shall post bonds for improvements in the public-right- of way as approved by the City of Anaheim. Public Works, Development Services 9 Prior to issuance of the grading permit and right-of-way construction permit for the storm drain, whichever occurs first, a Save Harmless agreement in-lieu of an Encroachment Agreement is required to be executed, approved by the City and recorded by the applicant on the property for any storm drains connecting to a City storm drain. Public Works, Development Services - 8 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING 10 All fire services 2-inch and smaller shall be metered with a UL listed meter, Hershey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering 11 That a private water system with separate water service for fire protection and domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 12 That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys. Any back flow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the 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. Public Utilities, Water Engineering 13 That all requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities, Water Engineering 14 That all existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. Public Utilities, Water Engineering - 9 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 15 The Owner shall irrevocably offer to dedicate to the City of Public Utilities Anaheim (i) an easement for all large domestic above- ground water Water Engineering meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement for all water service mains and 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 and included and recorded in the Master CC&Rs for the project. Public Utilities, Water Engineering 16 That the developer/owner shall submit to the Public Utilities Public Utilities Department Water Engineering Division an estimate of the Water Engineering maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy 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. l5A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities, Water Engineering PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING 17 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 18 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 19 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 20 The Lot Line Adjustment shall be submitted for review and approval to the City prior to issuance of the Building permit and recorded. Public Works, Development Services - 10 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 21 Street improvement plans shall be submitted for improvements along the frontage of Lincoln Ave and Laxore Street. Improvements shall conform to the City Standards and as approved by the City Engineer. The developer shall improve the Lincoln Ave as follows: Sidewalk shall be constructed at ultimate ROW, install landscaping and irrigation between the new sidewalk and the existing curb. The parkway irrigation shall be connected to the on-site irrigation system. The developer shall improve the Laxore streets as follows: Construct ADA access ramp, remove and replace any damaged existing curb, gutter, tree wells and sidewalk, grind and cap the existing pavement up to the street centerline within the frontage of the parcel. Obtain a Right of Way Construction Permit from the Development Services Division prior to commencing the work, including the removal and replacement of the driveway, utility installations and all the work within public right of way. A bond shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney. Public Works, Development Services 22 The required public improvements shall be installed. Public Works, Development Services 23 All required WQMP items shall be installed, operational and inspected by the City. Public Works, Development Services 24 All required public street, landscaping, irrigation, sewer and drainage improvements shall be constructed and are subject to review and approval by the Construction Services inspector. Public Works, Development Services DURING OPERATIONS 25 That ongoing during project operations, deliveries including all loading and unloading shall be performed on site. Delivery vehicles shall not block any part of the public right of way. Public Works, Traffic Engineering GENERAL 26 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 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. Planning Department - 11 - PC2016 -*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 27 The applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning Department 28 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning and Building Department. Planning Department Photograph #1 Photograph #2 Photograph #3 Photograph #4 ATTACHMENT NO. 2 Photograph #5 Photograph #6 Photograph #7 Photograph #8 Photograph #9 Photograph #10 Photograph #11 Photograph #12 Photograph #13 Photograph #14 Photograph #15 Photograph #16 Photograph #17 Photograph #18 Photograph #19 Photograph #20 Photograph #21 Photograph #22 Photograph #23 Photograph #24 A T T A C H M E N T N O . 3 LOADING ZONE PROPOSED PLANTING LEGEND MAXIMUM APPLIED WATER ALLOWANCE (MAWA) AU T O Z O N E S T O R E N O . 6 2 9 2 29 5 2 W . L I N C O L N A V E N U E AN A H E I M , C A L I F O R N I A 9 2 8 0 4 L1.1 CO N C E P T U A L L A N D S C A P E P L A N 10/1/2015 44 3 0 E . M i r a l o m a A v e , S u i t e F , A n a h e i m , C a 9 2 8 0 7 Te l : ( 7 1 4 ) 6 9 3 - 9 3 8 8 F a x : ( 7 1 4 ) 6 9 3 - 9 3 3 3 © T r a v i s C o m p a n i e s , I n c . 2 0 1 5 A l l R i g h t s R e s e r v e d 12 3 S O U T H F R O N T S T R E E T TE L : ( 9 0 1 ) 4 9 5 - 8 7 1 4 ME M P H I S , T N . 3 8 1 0 3 Date Renewal Date Signature 4-7-16 5-31-17 L I C E N S E D L A NDSCAPE A R C H I T E C T S T A T E OF CA L I F O R N I A T H O M A S H .KOCH N o . 3 6 0 2 LANDSCAPE ARCHITECT THOMAS H. KOCH 1234 CE1 NOTE: CENTER ALL WALL SIGNAGE VERTICALLY ON THE PAINTED ORANGE STRIPE OR THE TOP TWO BRICK SOLDIER COURSES. PAINT ORANGE STRIPE TO WITHIN 2' OF WALL SIGN. DO NOT PAINT ORANGE STRIPE BEHIND SIGN. CONTINUE ORANGE STRIPE ON STUCCO ABOVE STOREFRONT. 7'- 4 " 21 ' - 0 " 2' - 6 " 3' - 4 " 2' - 8 " 16 " 8" 4" COLOR: SW6088 NUTHATCH COLOR: SW6091 RELIABLE WHITE COLOR: SW6091 RELIABLE WHITE COLOR: SW6088 NUTHATCH PRE-FINISHED COPING: BLACK COLOR: ORANGE COLOR: SW6086 SAND DUNE COLOR: SW6091 RELIABLE WHITE FINISHED FLOOR COLOR: RED 1/8" = 1'-0"AWE01 EXTERIOR WALL COLOR SCHEME 18 CORRUGATED COLUMN PAINT RED 17 16 ALUMINUM DOORS - CLEAR ANODIZED FINISH STORE ADDRESS - 6" WHITE REFLECTIVE NUMBERS PIPE GUARD WITH RED SLEEVE WALL MOUNTED LIGHT FIXTURE TOILET WALL VENTS PAINT TO MATCH WALL 15 14 13 FRONT WALL SIGN: 38" CHANNEL LETTER ALUMINUM STOREFRONT - RED KYNAR FINISH EXPANSION JOINT PAINT DELIVERY DOORS RED AND PAINT ANGLES BLACK PAINT MAN DOOR RED & METAL FRAMES BLACK STUCCO FINISH - PAINT SW6091 RELIABLE WHITE 12 11 10 9 8 7 6 5 4 3 2 1 RIGHT WALL SIGN: 38" CHANNEL LETTER LEFT WALL SIGN: 36" CHANNEL LETTER TWO PIECE COMPRESSION TRIM SEE DETAIL 4/A6 "GREEN SCREEN" TRELLIS19 CORNICE WITH STUCCO FINISH. PT SW6091 16 16 16 16 16 16 16 1/8" = 1'-0"AWN01N ELEVATION KEY NOTES 1/8" = 1'-0"AWN01N ELEVATION KEY NOTES SMOOTH FACE CONCRETE MASONRY UNITS SEE PAINT DETAIL SCHEME THIS SHEET SCUPPERS AND DOWNSPOUTS. PAINTED TO MATCH BACKGROUND WALL COLOR. ADJACENT 4" H. X 6" W. OVERFLOW SCUPPER. FLOWLINE 2" ABOVE ROOF. 12 ' - 2 " R CO P Y R I G H T 2 0 0 7 Au t o Z o n e S t o r e N o . 62 9 2 29 5 2 W . L I N C O L N A V E N U E AN A H E I M CA 92 8 0 4 57N2-L 07-01-15 654 321RE V I S I O N S CO L O R E L E V A T I O N S LINE OF FINISHED FLOOR 11 1 3 162 2 4 18149 17 15 82 8 12 37 4 382 6 13 1 12 1 32 2 68491810 1919191919 1 J.B.H. +14'-10" 23 ' - 0 " J.B.H.J.B.H. +14'-10"+14'-10" 21 ' - 0 " J.B.H. J.B.H. +16'-10" +14'-10" 25 ' - 0 " J.B.H. +16'-10" 21 ' - 0 " 12 ' - 2 " 12 ' - 2 " 23 ' - 0 " 25 ' - 0 " 23 ' - 0 " 23 ' - 0 " 25 ' - 0 " 23 ' - 0 " FRONT WALL (NORTH ELEVATION) LEFT SIDE WALL (EAST ELEVATION) (LOW SIDE) REAR WALL (SOUTH ELEVATION) RIGHT SIDE WALL (WEST ELEVATION) (HIGH SIDE) PROJECT SUMMARY Development Standard C-G Standards Proposed Project Site Area None 0.47 acres Building Height 50 feet 21 feet Landscape Setbacks: Abutting arterial highway 15 feet, as measured from the ultimate highway right-of-way line as designated on the Circulation Element of the General Plan 19.6-foot setback along Lincoln Avenue Landscape Setbacks: Abutting local street 10 feet, as measured from the planned street right-of-way line 5-foot setback along Laxore Street Structural Setbacks: Abutting arterial highway Same as Landscape Setback 19.6-foot setback along Lincoln Avenue Landscape Setbacks: Abutting local street Same as Landscape Setback 5-foot setback along Laxore Street Structural Setbacks: Abutting Any Non-Residential Interior Site Boundary Lines None West Interior Boundary: 66 feet South Interior Boundary: 55.19 feet Parking 34 26 ATTACHMENT NO. 4 A T T A C H M E N T N O . 5 Page 1 of 2 Justification for Variance Letter (Building Setback - Side/Landscaping) Proposed AutoZone Store #6292 - 2952 W. Lincoln Avenue The following information is presented as justification for the consideration and approval of a building set back/landscaping variance pursuant to the City of Anaheim Municipal Code Sections 18.08 and 18.74.060. This information is provided in an effort to assist the Planning Commission in making a determination regarding the project component for which the variance is sought. The City of Anaheim Municipal Code Section 18.08.060 (Structural Setbacks), Table 8-G for Commercial General (C-G) zoned properties, requires a 10'-0" structural or building/landscape setback from an abutting local street as measured from the planned street right-of-way line. Due to the confines and limitations of the proposed project site it is this setback/landscape requirement for which this variance is respectfully requested. Justification for the consideration and approval of this variance is as follows. 1. In an effort to remove city blight, enhance the local community, reduce the gathering of homeless and transients, increase tax revenue and sales tax (when compared to the existing vacant property), the project proposes to implement and construction a new retail building. Based on the type of use proposed, the size of the lot when combined with a 10'-0" side yard/landscape setback, the site does not allow for the 10'-0" side yard setback to be provided, while at the same time provide as many parking spaces as possible on the property. A reduction down to a 5'-0" side/landscape setback is being requested. The side of the building abuts a side street with a commercial parking lot directly across the street from the proposed building. As proposed the requested 5'-0" setback will be heavily landscaped to soften any potential impacts of a reduced building setback. The landscaping in combination with the one-story height of the proposed building will not create any adverse impacts to the local area. 2. The majority of properties in this area are zoned C-G Commercial General and abut or border other C-G zoned properties. Only one other property abuts a public roadway similar to the property in question. When C-G zoned properties border or abut similar C- G zoned properties the setback requirement is 0'-0". This is a condition not afforded to the project property. Because one side of the project site abuts a public roadway the setback is 10'-0" which is greater than the 0'-0" setback requirement or the setback requirement for other like properties in the nearby area. 3. Since the area where this project is proposed is fairly declining and in need of redevelopment or renovation there are no other neighboring properties nearby that have the same type of improvements proposed that we are requesting or have undergone recent improvements. Most of the commercial developments in the area were constructed in the 1970's and 1980's with little to no repair or maintenance. 4. The cause of the special circumstances deals primarily with placing as many parking spaces as possible on the project site in combination with the building. As with any Page 2 of 2 development project, the project has to be financially feasible in order to go forward. In order for this project to be proposed at this location in this part of the City of Anaheim a certain size building needed to be proposed. In order to fit that sized building and as many parking spaces as possible the side yard setback is being requested to be reduced from 10'-0" to 5'-0". Page 1 of 2 Justification for Variance Letter (Parking Variance) Proposed AutoZone Store #6292 - 2952 W. Lincoln Avenue The following information is presented as justification for the consideration and approval of a parking variance pursuant to the City of Anaheim Municipal Code Sections 18.42.040 and 18.42.110. This information is provided in an effort to assist the Planning Commission in making a determination regarding the project component for which the variance is sought. The City of Anaheim Municipal Code Section 18.42.040 Table 42-A (Non-Residential Parking Required) for Commercial General (C-G) zoned properties, requires 5.5 parking spaces for every 1,000 square feet of gross floor area for retail floor space. Section 18.42.040 makes no differentiation for square footage comprised of corridors, restrooms, storage and electrical rooms, public accessible areas or sales areas. Based on the total square footage of the proposed building a total of 34 parking spaces are required. Based on the proposed site plan a total of 28 parking spaces are proposed. The variance request includes a waiver of seven (7) parking spaces. Due to the confines and limitations of the proposed project site it is this parking requirement for which this variance is respectfully requested. Justification for the consideration and approval of this variance is as follows. 1. A direct interpretation of the zoning code for the number of required parking spaces indicates that 34 parking spaces are required. This is based on the proposed building size of 6,218 square feet. However, out of that 6,218 square feet 3,121 square feet is dedicated to parts inventory racks, backup storage areas, exit corridors and restrooms that are not accessible to the public. The remaining 3,097 square feet are dedicated to customer areas, sales areas and product display racks all of which are accessible to the public. As a result of this public accessible versus non accessible area breakdown over 50% of the building is not accessible to the public and it can be argued that the majority of this non-accessible area does not generate vehicular trips to the building which in turn do not require parking spaces. 2. Based on the longtime operational history of the proposed tenant (AutoZone), along with their knowledge and expertise in operating hundreds of like retail auto part stores, the average number of parking spaces required during a typical AutoZone peak period will range from nine (9) to sixteen (16) spaces. Based on these demonstrated conditions and the 27 parking spaces proposed the variance 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 attributed to such use under normal and reasonable foreseeable conditions. 3. Based on the proposed development and site plan, the variance will not increase the demand for parking spaces upon public streets in the immediate vicinity of the proposed use. Page 2 of 2 4. Based on the proposed development and site plan, the variance will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. 5. Based on the proposed development and site plan, the variance will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use; and 6. Based on the proposed development and site plan, the variance will not impede vehicular ingress to or egress from adjacent properties upon public streets in the immediate vicinity of the proposed use. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 3 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: MAY 2, 2016 SUBJECT: VARIANCE NO. 2016-05062 LOCATION: 626 North Pauline Street (Pathways of Hope) APPLICANT/PROPERTY OWNER: The applicant is Pam Sousa, representing a non-profit organization known as Pathways of Hope, and the property owner is Fullerton Interfaith Emergency Service, Inc. REQUEST: The applicant requests a variance to permit less parking spaces than required by the Zoning Code to permit and retain an existing transitional housing facility. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution, determining that this request is categorically exempt from further environmental review under the California Environmental Quality Act (Class 1, Existing Facilities) and approving Variance No. 2016-05062. BACKGROUND: This 0.29-acre property is located in the RM-4 (Multiple-Family Residential) zone and is designated for Medium Density Residential land uses by the General Plan. The property is currently developed with a ten-unit transitional housing facility. The property includes three uncovered parking spaces and a detached garage building consisting of six enclosed parking spaces and four former garage spaces that were converted to office with storage areas without the required building permits. Surrounding land uses include a contractor’s storage yard across a public alley to the east and apartment complexes to the north, south and west. The two story, ten-unit apartment complex was constructed in 1960. At the time of construction, the Zoning Code required one garage space per unit. The facility, owned and operated by a non-profit organization, was permitted at this location in February of 2015. However, the property operated as a transitional housing facility for several years by a prior non-profit organization known as Halcyon. The Code permits transitional housing facilities by right within the RM-4 zone. Shortly after the use was established by the current operator, a code enforcement violation was issued due to the conversion of four garage spaces into administrative offices and storage areas for the housing facility. However, the conversion of the garages was made by the prior operator. VARIANCE NO. 2016-05062 May 2, 2016 Page 2 of 3 PROPOSAL: The applicant requests approval of a variance to permit and retain the conversion of four garage parking spaces to administrative office and storage areas to support the operation of the transitional housing facility. The facility provides temporary housing for homeless families and accommodates up to 52 homeless individuals and children. The project site is developed with a two story, multiple family residential building with ten, one-bedroom units. A second structure abutting a public alley includes six enclosed garage spaces and four former garage spaces that were converted to office and storage areas. The office and storage area allows the applicant’s staff to provide social support services and counseling for homeless families residing at the property. In addition, building maintenance, grounds keeping, and security are managed from the office and storage area. In between the residential units and the detached garage is a communal recreation area with patio seating, play equipment and landscaping. Adjacent to the office and storage area are three on-site parking spaces accessed from the public alley. The on-site staff includes a maximum of one professional staff member and one resident manager between the hours of 9:00 a.m. to 5:00 p.m., Monday thru Friday. The transitional housing facility is intended to provide a safe and stable environment for families experiencing homelessness or at risk of becoming homeless. FINDINGS AND ANALYSIS: Variance: The applicant requests fewer parking spaces than required by Code. Code requires 20 spaces based on the bedroom count of each unit and nine parking spaces are proposed. Before the Planning Commission may approve a parking variance, it must make a finding of fact that the evidence presented shows that the following conditions exist: 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; 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; 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; 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; 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. VARIANCE NO. 2016-05062 May 2, 2016 Page 3 of 3 The applicant proposes to provide a total of six garage parking spaces accessed from the public alley and three off-street parking spaces adjacent to the converted office. The applicant submitted a parking demand study to justify the parking variance. The analysis includes parking counts that were taken during various times and days of the week over a three week period in January. Based on these parking counts, a peak demand of seven parking spaces occurred during the weekend and weekday nights when families with cars would typically be off work and staff was not on-site. These counts included two vehicles that were used for the professional staff member and resident manager during business hours, Monday thru Friday. Due to the financial hardship of the resident families, the applicant indicates that less than 50 percent of the resident families own a car. The subject site is less than half a mile from two OCTA bus stop locations. In addition, the facility provides a bike rack area for residents to store their bikes as a means of alternative transportation. A condition of approval is included in the draft resolution which requires residents and employees to maintain no more than the allotted nine parking spaces for personal vehicles on the premises, or while residing at the facility. Two parking variances were recently approved at similar transitional housing facilities located on Lemon Street and North Street. The Lemon Street facility required 11 spaces and six spaces were provided. The North Street facility required 9 parking spaces, where three Code-compliant spaces, and six non Code-compliant spaces, were provided. No parking problems have been reported to Code Enforcement at either location. Because it has been demonstrated that this business can accommodate its parking demand on-site, staff supports the request to allow fewer parking spaces than allowed by code. Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated 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. CONCLUSION: The proposed variance would provide for the continued operation and maintenance of the existing transitional housing facility. Based upon the applicant’s parking demand analysis and letter of operation, staff recommends approval of this request to provide less parking spaces than required by Code for an existing transitional housing facility. Prepared by, Submitted by, Kevin Clausen Quiroz Jonathan E. Borrego Planner Planning Services Manager Attachments: 1. Draft Conditional Use Permit and Variance Resolution 2. Letter of Operation 3. Letter of Parking Justification 4. Site and Floor Plans 5. Site Photos IVACANT ISELF STORAGE FACILITY IINDUSTRIAL RS-3DUPLEX RS-3DUPLEX R S - 3 S I N G L E F A M I L Y R E S I D E N C E RM-4APTS6 DURM-4APTS6 DURM-4APTS12 DU RM-4APTS12 DU RM-4APTS18 DU RM-4APTS8 DU RM-4RUGAMASAPTS8 DU RM-4APTS8 DU R S - 3 S I N G L E F A M I L Y R E S I D E N C E N P A U L I N E S T E W I L H E L M I N A S T N M A V I S S T E W I L H E L M I N A S T E W I L H E L M I N A S T N P A U L I N E S T E. LA PALMA AVE E. L I N C O L N AV E N . H A R B O R B L V D N . E A S T S T W . L I N C O L N A V E E . B R O A D WAY S . E A S T S T N . A C A C I A S T W. LA PALMA AVE N . S T A T E C O L L E G E B L V D E . B R O A D W A Y 626 North Pauline Street DEV No. 2016-00013 Subject Property APN: 035-166-01 °0 50 100 Feet Aerial Photo:May 2014 N P A U L I N E S T E W I L H E L M I N A S T N M A V I S S T E W I L H E L M I N A S T E W I L H E L M I N A S T N P A U L I N E S T E. LA PALMA AVE E. L I N C O L N AV E N . H A R B O R B L V D N . E A S T S T W . L I N C O L N A V E E . B R O A D WAY S . E A S T S T N . A C A C I A S T W. LA PALMA AVE N . S T A T E C O L L E G E B L V D E . B R O A D W A Y 626 North Pauline Street DEV No. 2016-00013 Subject Property APN: 035-166-01 °0 50 100 Feet Aerial Photo:June 2015 [DRAFT] ATTACHMENT NO. 1 -1- PC2016-*** RESOLUTION NO. PC2016-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING VARIANCE NO. 2016-05062 (DEV2016-00013) (626 NORTH PAULINE STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Variance No. 2016-05062 to permit less parking spaces than required by the Anaheim Municipal Code (the "Code") (herein referred to as the "Proposed Project") for that certain real property located at 626 North Pauline Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, approximately 0.29-acre in size, is developed with a ten unit transitional housing facility for homeless families with a separate detached six-car garage, office, and storage building. The Property is located within the "R-M" Residential-Medium land use designation of the Anaheim General Plan and in the " RM-4" Multiple Family Residential Zone and is subject to the zoning and development standards contained in Chapter 18.06 (Multiple-Family Residential Zones) of the Code; and WHEREAS, while subsection .040 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of the Code requires a minimum of twenty off-street parking spaces for the Proposed Project, which exist upon the Property, the applicant has requested that it be reduced to nine parking spaces including six enclosed garage spaces and three open parking spaces; and WHEREAS, the Planning Commission did hold a public hearing on May 2, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code to hear and consider evidence for and against proposed Variance No. 2016-05062 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 -- Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed -2- PC2016-*** 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 Proposed Project, including the request letter submitted by the applicant and observations made by staff, does further find and determine the following: SECTION NO. 18.42.030.020 Minimum number of parking spaces (20 spaces required; 9 spaces proposed) 1. The variance for the Property, under the conditions imposed, will provide sufficient parking on-site in that over 50 percent of the resident families do not possess vehicles due to financial hardship and the. As such, the proposed number of on-site spaces would provide more than the necessary amount of parking to accommodate all vehicles attributable to the proposed use at the Property under the normal and reasonably foreseeable conditions of operation of such use; 2. The variance for the Property, 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 use because the operational history of the existing transitional housing use has demonstrated that the average demand for parking spaces required during the typical peak period ranges from four to seven spaces; 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the off-set demand of two spaces for employees during normal business hours while resident families are typically off-site, coupled with the existing transitional housing facility’s demonstrated parking demand history, will adequately accommodate peak parking demand of the proposed use on the site; 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas provided for the Property because the Property provides adequate ingress and egress points, which are designed to allow for adequate on-site circulation; and 5. The variance for the Property, 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 Property because the Property has existing ingress or egress access points from the abutting alley 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 alley in the immediate vicinity of the Property. WHEREAS, this 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. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. -3- PC2016-*** NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2016-05062 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. BE IT FURTHER RESOLVED that 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 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 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 2, 2016. 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. CHAIR, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2016-*** 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 May 2, 2016, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2016-*** -6- PC2016-*** EXHIBIT “B” VARIANCE NO. 2016-05062 (DEV2016-00013) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 Residents and employees shall not be permitted to maintain more than the allotted nine (9) parking spaces for personal vehicles on the premises or while residing at the facility. Planning and Building Department, Code Enforcement Division 2 Within 30 days of the date of this resolution, the name and telephone number of the on-site manager shall be provided to the Code Enforcement Division of the Planning Department. The owner can contact the Code Enforcement Division at (714) 765-5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. Planning and Building Department, Code Enforcement Division 3 Within 60 days from the date of this resolution, the property owner shall obtain all necessary building permits for the conversion of the four garage spaces into office and storage, as well as the unpermitted air conditioning equipment on the roof of the office. Said equipment shall comply screening requirements in the Zoning Code. Planning and Building Department 4 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 prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. Planning and Building Department 5 The Applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the 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 result in delays in the issuance of required permits or may result in the revocation of the approval of this application. Planning and Building Department -7- PC2016-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 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 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. Planning and Building Department 7 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department and as conditioned herein. Planning and Building Department ATTACHMENT NO. 2 ATTACHMENT NO. 3 A T T A C H M E N T N O . 4 A T T A C H M E N T N O . 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.