Resolution-PC 2018-010RESOLUTION NO. PC2018-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2017-05914, VARIANCE NO. 2018-05101, AND ADMINISTRATIVE
ADJUSTMENT NO. 2018-00414 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00040)
(3043 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 (i) Conditional
Use Permit No. 2017-05914 to permit the conversion of an existing residential structure
into a commercial use, (ii) Variance No. 2018-05101 to allow one handicap parking space
to be located in front of the main structure and an interior side landscape setback that is
less than required by the Anaheim Municipal Code (the "Code"), and (iii) Administrative
Adjustment No. 2018-00414 to allow less parking spaces than required by the Code, at a
certain real property located at 3043 West Lincoln Avenue in the City of Anaheim, County
of Orange, State of California, as generally depicted on Exhibit A attached hereto and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property, approximately 0.29 -acres in size, is currently
developed with an existing residential structure and an area that could accommodate
approximately ten vehicles. The Property is designated for Corridor Residential land uses
by the Anaheim General Plan. The Property is also located in the "C -G" General
Commercial Zone and is subject to the zoning and development standards contained in
Chapter 18.08 (Commercial Zones) of the Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 21, 2018 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. 2017-05914, Variance No. 2018-05101, and
Administrative Adjustment No. 2018-00414 (collectively, the "Proposed Project"), 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
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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 consist of the repair, maintenance, and/or minor alteration of
existing public or private structures or facilities, involving negligible or no expansion of
use beyond that existing at the time of this determination, and that, therefore, pursuant to
Section 15301 of Title 14 of the California Code of Regulations, the proposed project will
not cause a significant effect on the environment and is, therefore, categorically exempt
from the provisions of CEQA; and
WHEREAS, 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 with respect to the request for Conditional Use Permit 2017-05914,
does find and determine the following:
1) That the proposed use is properly one for which a conditional use permit is
authorized by the Code which allows conversion of residential structure into a commercial
use in the General Commercial (C -G) Zone subject to approval of a conditional use permit
pursuant to Section 18.08.030 of the Code; and
2) That the proposed use will not adversely affect the adjoining land uses, or
the growth and development of the area in which it is proposed to be located in that the
building is intended to be occupied by low -intensity commercial uses (i.e. offices and
specialty retail), and that the subject property will be modified to provide on-site
improvements that meet most of the City standards. In addition, the subject property has
been used, albeit without a required zoning entitlement, for at least 20 years without
negatively impacting the surrounding area, and the Proposed Project is compatible with the
scale, mass, bulk, and orientation of existing buildings in the surrounding area as there is
no addition proposed to the existing structure; and
3) That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use, in a manner not detrimental to either the
particular area or health and safety in that the Proposed Project is designed to provide on-
site parking and vehicle flow to the best extent possible and therefore is not anticipated to
adversely affect development of the area; and
4) That the traffic generated by the proposed use 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 this use will not exceed the anticipated volumes of traffic
on the surrounding street; and
5) That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City
of Anaheim in that the impact upon the surrounding area has been mitigated to the
maximum extent practicable in that site development standards proposed for the Proposed
Project are consistent with the development standards of the "C -G" General Commercial
zone, with the exception of the variances described below; and;
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WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2018-05101 for reduced interior side landscape setback should be
approved for the following reasons:
SECTION NO. 18.08.060.010.0101 Minimum interior landscaped setback.
(10 feet required; 5 to 10 feet proposed)
1. 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 and depth of 80 feet by 160 feet, and a lot area of 0.29 acres, and was originally
developed as a single-family residential use. The small size of the lot, as compared to all
other C -G zoned properties in the vicinity, and the existing layout of the property, which
was originally developed as a single-family residential use, make it difficult to meet all
the development standards while providing adequate setbacks. The proposed reduction on
the landscape setback is to accommodate the required turning radius for vehicles on a new
driveway, while having enough space to install a new landscape planter along the front
property line, which currently does not exist. In addition, the proposed layout of the project
is designed in a manner that is sensitive to the adjacent residential properties, as sufficient
landscape setback is provided for more than 75 percent of the west property line.
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; and
WHEREAS, the Planning Commission does further find and determine that the
request for Variance No. 2018-05101 to locate one handicap parking space in front of the
main structure should be approved for the following reasons:
SECTION NO. 18.38.120.030 Location of Parking Spaces
(All parking is to be provided to the rear
or non -street side of the main structure;
one handicap space is proposed in front
of the main structure)
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 small size of the lot and
the existing layout of the property make it difficult to meet all the development standards.
Required improvements such as loading space, ADA improvements, turning radius and
back-up space for vehicles, and landscape setbacks further restrict the ability to provide all
required parking spaces to the rear or non -street side of the main structure. In addition, the
proposed layout of the project is designed in a manner that is sensitive to the adjacent
residential properties, as the subject parking space is outside the require front setback areas,
and a new landscape planter will be installed to provide screening.
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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, especially since parking spaces in commercial areas
are typically allowed to be located in front of the main structure as long as they are located
outside of the required front setback area; and.
WHEREAS, the Planning Commission does further find and determine that
the request for Administrative Adjustment No. 2018-00414 should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number ofap rking spaces.
(13 spaces required; 11 spaces
proposed)
1. The adjustment is consistent with the purposes and intent of the Zoning Code
because the subject property is located in the "C -G" General Commercial zone which
allows conversion of existing residential structures into a commercial use. The Proposed
Project would comply with all other development standards of the C -G Zone, with the
exception of the variances described above. In addition, the tenant spaces within the
structure are intended for low -intensity commercial use (i.e. offices and specialty retail),
where parking spaces are anticipated to be used mostly by employees.
2. The same or similar result cannot be achieved by using provisions in the Zoning
Code that do not require the adjustment, as the small size and the existing layout of the
subject property with other required site improvements severely restricts the ability to
provide the required number of parking spaces. The only alternative to processing an
administrative adjustment would be to demolish a portion of the structures on the Property
in order to provide space to accommodate the additional parking.
3. The adjustment will not produce a result that is out of character or detrimental
to the neighborhood as the commercial use is a compatible use with the surrounding area,
as the intended occupants of the Proposed Project are low -intensity commercial uses that
do not accommodate a large number of customers on-site; therefore, the Proposed Project
would not negatively impact the surrounding neighborhood; and
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.
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NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2017-05914,
Variance No. 2018-05101, and Administrative Adjustment No. 2018-00414, 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.
2017-05914, Variance No. 2018-05101, and Administrative Adjustment No. 2018-00414 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.
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 21, 2018. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 (Procedures) of the Anaheim Municip Code pertaining to appeal procedures
and may be replaced by a City Council Resolutioni6 he event of an appeal.
CIfAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST: rye
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 21, 2018,
by the following vote of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 21" day of
February, 2018.
Aja^ ��--�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00040
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05914,
VARIANCE NO. 2018-05101, AND
ADMINISTRATIVE ADJUSTMENT NO. 2018-00414
(DEV2017-00040)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A BUILDING PERMIT
1
The applicant shall obtain an approval of building occupancy change
Planning & Building
and comply with all provisions of Title 15 (Building and Housing
Department,
Code) of the Anaheim Municipal Code and all provisions of Fire Zone
Building Division
No. 2, except as modified in whole or in part by the Fire Chief. The
and
plans submitted for building plan check shall also include any existing
Fire Department
unpermitted improvements in the existing structure.
2
Submit a Water Quality Management Plan (WQMP) to the City for
Public Works,
review and approval. The WQMP shall be consistent with the
Development Services
requirements of Section 7 and Exhibit 7.II 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.
3
The property owner/developer shall coordinate with Electrical
Public Utilities,
Engineering to establish electrical service requirements and submit
Electrical Engineering
electric system plans, electrical panel drawings, site plans, elevation
plans, and related technical drawings and specifications.
4
Prior to connection of electrical service, the legal owner shall provide
Public Utilities,
to the City of Anaheim a Public Utilities easement with dimensions as
Electrical Engineering
shown on the approved utility service plan.
5
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
Water Engineering
water services, backflow equipment, and fire lines, shall be
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
7
All existing water services and fire services shall conform to current
Public Utilities,
Water Services Standards Specifications. Any water service and/or
Water Engineering
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.
8
The plans submitted for a building permit plan check shall show the
Public Utilities,
existing 1 -inch water meter serving the property and a separate
Water Engineering
irrigation service lateral and meter. The existing water meter and the
new irrigation meter shall be located in the parkway.
9
The applicant shall contract with trash hauler or other service to have
Public Works,
bins brought out to street for service, as approved by the Sanitation
Operations Division
Division of the Public Works Department.
10
The plans submitted for a building permit shall provide trash
Public Works,
enclosure details compliant with the City's standards.
Operations Division
11
Final landscaping plans in compliance with all Code requirements
Planning & Building
shall be submitted for review and approval by the Planning and
Department,
Building Director or his/her designee. The submitted plans shall
Planning Services
include landscape material suitable for screening within the landscape
planter located along the front property line, which is located in front
of the proposed handicap parking space. Landscaping shall be
installed prior to the issuance of a Certificate of Occupancy.
12
The unpermitted vehicle gate and fence/wall along the front property
Planning & Building
shall be removed.
Department,
Planning Services
13
The proposed gate design and location shall be reviewed and approved
Fire Department,
by the Anaheim Fire Department and Public Works Traffic
Public Works,
Engineering Division.
Traffic Engineering
Division
PRIOR TO FINAL BUILDING OR ZONING INSPECTIONS
14
Owner shall install an approved backflow prevention assembly on the
Public Utilities,
water service connection(s) serving the property, behind property line
Water Engineering
and building setback in accordance with Public Utilities Department
Water Engineering Division requirements.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
15
The following minimum clearances shall be provided around all
Public Utilities,
existing and proposed water facilities (e.g. water main, fire hydrants,
Water Engineering
service laterals, meters, meter boxes, backflow devices):
• 10 feet minimum clearance from structures, footings,
walls, stormwater BMPs, utility poles, street lights, and
trees.
• 5 feet minimum clearance from driveways, BCR/ECR of
curb returns, and all other utilities (e.g. storm drain, gas,
electric, etc.) or above ground facilities.
16
All future uses shall be limited to uses listed in Section 18.38.120 of
Planning & Building
the Anaheim Municipal Code. Further, no uses with a parking ratio
Department,
requirement higher than four (4) spaces per 1,000 square feet of floor
Planning Services
area shall be permitted at this property without obtaining approval of
a variance.
17
The Applicant shall defend, indemnify, and hold harmless the City
Planning & Building
and its officials, officers, employees and agents (collectively referred
Department,
to 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
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.
18
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning & Building
issuance of the final invoice or prior to the issuance of building permits
Department,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
19
The property shall be developed substantially in accordance with plans
Planning & Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department.
Planning Services
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