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Resolution-PC 2017-025RESOLUTION NO. PC2017-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2016-05885 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00396 (DEV2016-00097) (527 NORTH DALE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2016-05885 and Administrative Adjustment No. 2017-00396 to demolish the existing Braille Institute campus and reconstruct a new campus with less parking than permitted by the Zoning Code (the "Proposed Project") on the real property located at 527 North Dale 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, approximately 1.76- acre in size, is currently developed with a private educational institution. The Property is located within the "R -L" Residential -Low land use designation of the Anaheim General Plan. The Property is also located in the "T" Transition Zone and is subject to the zoning and development standards contained in Chapter 18.14 (Public and Special -Purpose Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 22, 2017 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05885 and Administrative Adjustment No. 2017-00396, 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 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 the 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 -1- PC2017-025 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 Conditional Use Permit No. 2016- 05885, does find and determine the following: 1. The request for a conditional use permit for an Educational Institution — Business use authorized within the "T" Transition Zone, subject to a conditional use permit; and 2. The proposed demolition and construction of a new Braille Institute campus would not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the Proposed Project will replace the existing campus with a facility that will operate in generally the same fashion as it has for nearly 50 years without impact the surrounding area. Additionally, the proposed campus will be reduced in size and the available parking spaces will be increased from 50 to 75 as a result of the new construction. 3. The size and shape of the site for the educational institution is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety to the citizens of Anaheim. 4. The traffic generated by the Proposed Project will 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 the Proposed Project will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the proposed use. The institution is proposed to reduce the size of the building by 25% and increase the number of available parking spaces by 68%; however, enrollment capacity will remain the same. Therefore, no additional traffic is proposed to be generated by the reconstruction. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim since the proposed project will only replace an existing use and will not result in the increase in intensity of the use and will provide additional parking spaces to ensure the use does not impact the surrounding neighborhood. WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2017-00396 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking, spaces. (81 spaces required; 75 spaces proposed) 1. The adjustment is consistent with the purposes and intent of the Zoning Code because the Braille Institute use is classified as an "Education Institution -Business"; however, due to the unique nature of the students that are served by this institution; none of the students drive and most of the students access the campus utilizing public transportation or taxis, resulting in a reduction in the number of parking spaces as compared to other types of business schools. -2- PC2017-025 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment since the project site is being designed to best accommodate the needs of the students utilizing the campus. Additionally, due to many of the students having visual impairments that would preclude them operating a vehicle, the applicant has utilized a portion of the parking lot area to accommodate a `drop-off lane that would accommodate buses, shuttles, and other vehicles that drop off students seeking services at the campus. 3. The adjustment will not produce a result that is out of character or detrimental to the neighborhood as the Proposed Project would replace the existing Braille Institute Campus and result in a reduction in size from multiple buildings with a combined floor area of 20,200 square feet to a single 14,735 square foot building. The new design will keep all student activities indoors and the addition of a loading lane will assist in ensuring that all waiting traffic can be accommodated on site without impacting the surrounding area. 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, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2016-05885 and Administrative Adjustment No. 2017-00396, 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 that portion of the Property for which Conditional Use Permit No. 2016-05885 and Administrative Adjustment No. 2017- 00396 is applicable 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, (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. -3- PC2017-025 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 February 22, 2017. 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. CHAIRPERSON, 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 February 22, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, LIEBERMAN NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CARBAJAL, SEYMOUR IN WITNESS WHEREOF, 1 have hereunto set my hand this 22"d day of February, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2017-025 EXHIBIT "A" DEV NO. 2016-00097 APN: 070-562-41 HOLLY WAY 0 0 Y u x PLANETARY DR CRESCENT AVE .................. W CRESCENT AVE 199' 32' w Q W � J � � Q C7 Q Z' 219' d O Z W Y W BAYLOR AVE h LU F— Q J 0 U KENDOR CIR z ©o so ioo Source: Recorded Tract Maps and/or City GIS. v Feet Please note the accuracy is +/- two to five feet. -5- PC2017-025 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05885 AND ADMINISTRATIVE ADJUSTMENT NO. 2017-00396 (DEV2016-00097) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING & RIGHT -OF- WA Y PERMITS 1 The applicant shall submit to the Public Works Development Public Works Services Division for review and approval a Lot Line Adjustment/ Department, lot merger documents. The document shall be approved by the Development Services City Surveyor and recorded, along with conforming deed, in the office of the Orange County Recorder. 2 The legal owner shall submit an application for a Subdivision Public Works Map Act Certificate of Compliance documents to the Public Department, Works Development Services Division. The Certificate of Development Services Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. 3 The legal owner shall prepare and submit a final drainage study, Public Works including supporting hydraulic and hydrological data to the City Department, of Anaheim for review and approval. The study shall confirm or Development Services recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. The study shall also address the following: • Design of the proposed improvements must be such that drainage leaving the project site and entering Crescent Avenue and North Dale Street in the proposed condition does not exceed the existing condition for all storm events. • The project should be designed so that in the event of a failure of the pump(s), water will pond onsite in such a way that the discharge over the secondary overflow will not exceed existing conditions for all storm events. • Velocity of the discharge into the streets will be mitigated so as not to be excessive and will meet City Engineer's approval. -6- PC2017-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 4 The owner shall obtain the required coverage under California's Public Works General Permit for Stormwater Discharges associated with Department, Construction Activity by providing a copy of the Notice of Intent Development Services (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. 5 The owner shall prepare a Stormwater Pollution Prevention Plan Public Works (SWPPP). The SWPPP shall be kept at the project site and be Department, available for Public Works Development Services Division Development Services review upon request. 6 The owner shall submit a Water Quality Management Plan Public Works (WQMP) to the City for review and approval. The WQMP shall Department, be consistent with the requirements of Section 7 and Exhibit 7.II Development Services of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects. identify potential sources of pollutants during the long-term on- going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Submit three (3) copies and a plan checking deposit to the Public Works/Development Services for consideration and approval. 7 The owner shall submit a Preliminary Geotechnical Report to the Public Works Public Works Development Services Division for review and Department, approval. The report shall address any proposed infiltration features Development Services of the WQMP. The report shall also address liquefaction as it relates to the site conditions in the area (see special Rule#117). 8 The owner shall submit street improvement plans, obtain a right Public Works of way construction permit, and post a security (Performance and Department, Labor & Materials Bonds) for the construction of all required Development Services public improvements within the City street right of way. 9 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer. Department, Development Services -7- PC2017-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 10 Final landscape plans shall be submitted for review and approval Planning and Building by the Planning Director or his/her designee. Department, Planning Division 11 The line -of -sight clear zone per City of Anaheim Engineering Public Works Standard 115-B shall be shown on all building, grading, and street Department, improvement plans to demonstrate no obstructions greater than 24 Traffic Engineering inches in height are within the line -of -sight clear zone. 12 All landscaping and utilities shall be labeled and dimensioned on Public Works all building, grading, and street improvement plans to Department, demonstrate conformance with City of Anaheim Engineering Traffic Engineering Standard 530-A as it relates to tree planting clearances. 13 The developer shall provide a certificate, from a Registered Civil Public Works Engineer, certifying that the finished grading has been completed Department, in accordance with the City approved grading plan. Development Services 14 The Developer shall construct all required public improvements Public Works as proposed on the site plan, including but not limited to driveway Department, relocation, sidewalk and parkway, and curb drains etc. Development Services 15 An Encroachment Permit from City of Anaheim Electrical Public Works Engineering shall be obtained for all work performed in Electrical Department, easements. Development Services 16 The applicable Citywide Sewer Impact Fee Public Works (Industrial/Commercial depending on Zoning, West Anaheim, Department, Zone A) for the new gross square footage shall be paid to the City Development Services of Anaheim, in an amount established by the City Council Ordinance/Resolution, prior to the issuance of a building permit. This fee will be used to fund sewer improvements within the area impacted by this project. Said fee shall be subject to adjustment by the City Council. 17 A private water system with separate water service for fire Public Utilities, protection and domestic water shall be provided and shown on Water Engineering plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 18 All backflow equipment shall be located above ground outside of Public Utilities, the street setback area in a manner fully screened from all public Water Engineering streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other -8- PC2017-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 19 All requests for new water services, backflow equipment, or fire Public Utilities, lines, as well as any modifications, relocations, or abandonments Water Engineering of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 20 All existing water services and fire services shall conform to Public Utilities, current Water Services Standards Specifications. Any water Water Engineering service and/or fire line that does not meet current standards shall be upgraded if continued use is 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. 21 The Owner shall irrevocably offer to dedicate to the City of Public Utilities, Anaheim (i) an easement for all large domestic above -ground Water Engineering water 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. 22 That the developer shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire Water Engineering 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 -9- PC2017-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 23 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to Electrical establish electrical service requirements and submit electric Engineering system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 24 Prior to connection of electrical service, the legal owner shall Public Utilities, provide to the City of Anaheim a Public Utilities easement with Electrical dimensions as shown on the approved utility service plan. Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 25 All required on-site Water Quality Management Plan and public Public Works right of way improvements shall be completed, operational, and Department, are subject to review and approval by the Construction Services Development Services Inspector. 26 The owner shall install an approved backflow prevention Public Utilities, assembly on the water service connection(s) serving the property, Water Engineering behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 27 Curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Red curb locations shall be Department, clearly labeled on building plans. Development Services 28 All remaining fees/deposits required by Public Works department Public Works must be paid in full. Department, Development Services 29 That prior to final building and zoning inspection, fire lanes shall Public Works be posted with "No Parking Any Time" and/or painted red. Said Department, information shall be specifically shown on plans submitted for Traffic Engineering building permits. OPERATIONAL CONDITIONS 30 The Owner shall be responsible for restoring any special surface Public Utilities, improvements, other than asphalt paving, within any right -of- Water Engineering way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water -10- PC2017-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT facilities. Provisions for maintenance of all said special surface improvements shall be included in the recorded Master C,C & R's for the project and the City easement deeds. GENERAL CONDITIONS 31 Entry gates shall remain open during all business hours. An Public Works operations plan shall be provided to the City with building plan Department, submittal. Traffic Engineering 32 The following minimum horizontal clearances shall be Public Utilities, maintained between proposed water main and other facilities: Water Engineering • 10 -feet minimum separation (outside wall -to -outside wall) from sanitary sewer mains and laterals • 5 -feet minimum separation from all other utilities, including storm drains, gas, and electric • 6 -feet minimum separation from curb face 0 10 -feet minimum separation from structures, footings, and trees. 33 No public water main or public water facilities shall be installed Public Utilities, in private alleys or paseo areas. Water Engineering 34 No public water mains or laterals shall be allowed under parking Public Utilities, stalls or parking lots. Water Engineering 35 All fire services 2 -inch and smaller shall be metered with a UL Public Utilities, listed meter, Hersey Residential Fire Meter with Translator Water Engineering Register, no equals. 36 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department applicant and which plans are on file with the Planning Department and as conditioned herein. 37 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department 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. 38 The Applicant shall defend, indemnify, and hold harmless the Planning and Building City and its officials, officers, employees and agents (collectively Department referred to individually and collective) as "Indemnitees") from -11- PC2017-025 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 39 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department applicant and which plans are on file with the Planning Department and as conditioned herein. -12- PC2017-025