Resolution-PC 2017-045RESOLUTION NO. PC2017-045
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
CONDITIONAL USE PERMIT NO. 2016-05888 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00075)
(1431 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Conditional Use Permit No. 2016-05888 to permit a bed
and breakfast inn with indoor dining, on-site consumption of alcoholic beverages and
entertainment for guests within an existing historic home (the "Proposed Project") for certain real
property located at 1431 East La Palma 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 approximately 1 -acre Property is developed with a 3,860 square foot
historic home. The Anaheim General Plan designates this property for Low -Density Residential
land uses. The Property is located within the "RS -2" Single -Family Residential Zone. As such,
the Property is subject to the zoning and development standards described in Chapter 18.04
(Single -Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did provide notice of the April 17, 2017 public
hearing 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 the Proposed Project and to investigate
and make findings and recommendations in connection therewith. The Planning Commission
continued this item to the May 1, 2017 meeting in order re -notice the item due to a modification
to the Proposed Project, and did hold a public hearing at said meeting at 5:00 p.m. in the Civic
Center in the City of Anaheim; 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 effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 31 —
Historical Resource Restoration/Rehabilitation) which consists of projects limited to maintenance,
repair, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of
historical resources in a manner consistent with the Secretary of the Interior's Standards for the
Treatment of Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring, and
Reconstructing Historic Buildings, and that, therefore, pursuant to Section 15331 of Title 14 of
the California Code of Regulations, the proposed project will not cause a significant effect on the
environment and is, therefore, categorically exempt from the provisions of CEQA; and
- 1 - PC2017-045
WHEREAS, the Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing pertaining to the request for Conditional Use Permit No. 2016-05888, does find and
determine the following facts:
1. The proposed request to permit a bed and breakfast inn with indoor dining, on-site
consumption of alcoholic beverages and entertainment for guests within an existing historic home
is an allowable use within the "RS -2" Single -Family Residential Zone under subsection .030
(Uses) of Chapter 18.04 (Single -Family Residential Zones) of the Code, subject to a conditional
use permit and the zoning and development standards of the "RS -2" Single -Family Residential
Zone.
2. The Proposed Project, under the conditions imposed, are compatible with the existing
uses in the surrounding area because the existing historic structure would be retained and
remodeled, the bed and breakfast inn is located on an arterial highway, and no outdoor
entertainment is proposed on the premises.
3. The size and shape of the site for the Proposed Project, under the conditions imposed,
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 because the project will adhere to all required
development standards in the "RS -2" Single Family Residential zone.
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 access to
the property would be provided from and arterial highway only and La Palma Avenue is designed
to accommodate any traffic increase generated by the bed and breakfast inn.
5. The granting of Conditional Use Permit No. 2016-05888, under the conditions
imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim as
the proposed project will be compatible with the surrounding area through conditions of approval
for the use and is not a health or safety risk to the citizens of the City of Anaheim.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2016-05888 and (ii) 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 under Conditional Use Permit No.
2016-05888 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)
- 2 - PC2017-045
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 maybe 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.
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 1, 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.
L!!I� Q_k�
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 3 - PC2017-045
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 1, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: CALDWELL, CARBAJAL, DALATI, HENNINGER,
LIEBERMAN
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR
IN WITNESS WHEREOF, I have hereunto set my hand this I" day of May, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2017-045
EXHIBIT "A"
DEV NO. 2016-00075
APN: 073-333-37 L --T
E FOREST LN
0
d
� O f• -
m Ln
Z Q
� V
m c1
U
Z Q
z
129' �
E DEL MAR LN
27'
O
co
c a
N
o
r> Z
N }Q
7
Z
157'
E LA PALMA AVE
x
7 c
s �
s
0 o0
A SZ
0 50 Source: Recorded Tract Maps and/or City GIS.
�J rept Please note the accuracy is +/- two to five feet.
-5 - PC2017-045
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05888
(DEV2016-00075)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
Sale of alcoholic beverages for on-site consumption shall be made to
Police Department
bed and breakfast inn guests only.
2
Managers/Owners need to call the Department of Alcoholic
Police Department
Beverage Control and obtain LEAD (Licensee Education on
Alcohol and Drugs Program) Training for themselves and
register employees. The contact number is 714-558-4101.
3
The parking lot of the premises shall be equipped with lighting
Police Department
of sufficient power to illuminate and make easily discernible the
appearance and conduct of all persons on or about the parking
lot. Additionally, the position of such lighting shall not
disturb the normal privacy and use of any neighboring
businesses.
4
The bed and breakfast inn shall be operated in accordance with the
Planning and Building
Statement of Operations submitted as part of this application. Any
Department,
changes to the business operation as described in that document shall
planning Services
be subject to review and approval by the Planning Director to
Division
determine substantial conformance with the Letter of Request and to
ensure compatibility with the surrounding uses.
5
The applicant shall be responsible for maintaining the area over which
Planning and Building
they have control in an orderly fashion through the provision of regular
Department,
maintenance of the property, including landscaping and irrigation, and
Code Enforcement
the removal of trash or debris. Any graffiti painted or marked upon the
Division
premises or on any adjacent area under the control of the licensee shall
be removed or painted over within 24 hours of being applied.
6
No outdoor banquets, events or entertainment shall be permitted on the
Planning and Building
premises.
Department,
Code Enforcement
Division
7
Indoor entertainment shall occur no later than 10:00 p.m. on Fridays
Planning and Building
and Saturdays.
Department,
Planning Services
Division
- 6 - PC2017-045
NO.
CONDITION5 OF APPROVAL
RESPONSIBLEDEPARTMENT
8
There shall be no amplified music or sound for the indoor
Planning and Building
entertainment.
Department,
Planning Services
Division
9
A manager or innkeeper shall be present at all times during operation
Planning and Building
of the bed and breakfast inn.
Department,
Planning Services
Division
10
The gates adjacent to La Palma Avenue shall remain open during
Public Works
regular operating hours and for late night guest arrivals and departures
Department,
to avoid any vehicular back-up on La Palma Avenue.
Traffic Engineering
Division
11
All driveways located on the project site shall maintain a minimum
Public Works
width of 12 feet.
Department,
Traffic Engineering
Division
12
An accessible parking space with sufficient path of travel shall be
Public Works
installed and maintained on the property in compliance with the
Department,
California Building Code.
Traffic Engineering
Division
13
All maintenance, repair, stabilization, rehabilitation, restoration,
Planning and Building
preservation, conservation and reconstruction of the historically
Department,
significant home shall comply in a manner consistent with the
Planning Services
Secretary of the Interior's Standards for the Treatment of Historic
Division
Properties and Guidelines for Preserving, Rehabilitation, Restoring
and Reconstructing Historic Buildings.
GENERAL CONDITIONS
14
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
- 7 - PC2017-045
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
15
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
Division
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant's indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by 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.
16
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department and as
conditioned herein.
Planning Services
Division
- 8 - PC2017-045