Resolution-PC 2020-016RESOLUTION NO. PC2020-016
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2019-05126 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2019-00066)
(1325 SOUTH EUCLID STREET)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as
the "Planning Commission") did receive a verified petition for Variance No. 2019-05126 to permit
a structural and landscape front yard setback less than required by the Anaheim Muncipal Code to
allow for the construction of a 3,853 square foot office building on certain real property located at
1325 South Euclid Street in the City of Anaheim, as generally depicted on the map attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the property is approximately 0.35 acres in size and is currently
undeveloped. The Property is 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
Anaheim Municipal Code ("Code"). The Land Use Element of the Anaheim General Plan
designates the Property as Corridor Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 27, 2020 at 5:00 p.m. and 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. 2019-05126 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 (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, in conformance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual, 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 3 — New
Construction) which consists of construction and location of limited numbers of new, small
facilities or structures, and that, therefore, pursuant to Section 15303 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
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 Variance No. 2019-05126, does find and determine that
the required findings for approval of a Variance to allow for a reduced front yard structural and
landscape setback can be made for the following reasons:
- I - PC2020-016
SECTION NO. 18.08.060.010.0101&.0102 Minimum front structural and landscaped
setback.
(15 feet required; 10 feet proposed)
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. Such circumstances include that development of the site would be
restrictive due to the Euclid Street road widening which would reduce the width of the Project site
from 145 feet to 135 feet. In addition, the Project site is a corner lot and as such, a 24 -foot
unobstructed radius along the two intersecting street (i.e. Euclid Street and Chalet Avenue) would
be required and would further reduce potential development of the site. The requested ten (10) foot
side yard setback would deviate slightly from the required fifteen (15) foot side yard setback
requirement; however, the proposed Project would meet all other development requirements
outlined in the C -G zone and would be closer to development code compliance than neighboring
commercial buildings along Euclid Street which range from a side yard structural setback of four
(4) feet to seven (7) feet.
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 similar front landscape setback variances were previously -
approved in 2018 for the service station located at the northeast corner of Euclid Street and
Broadway, and in 2017 for the service station at the northeast corner of Beach Boulevard and Ball
Road.
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 and reached these findings are 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 Variance No. 2019-05126 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 Variance No. 2019-05126 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 maybe 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 satisfied 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.
- 2 - PC2020-016
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 April 27, 2020. 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.
CHA RSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-3 - PC2020-016
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 April 27, 2020 by the following vote
of the members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
VADODARIA, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: MULLEADY
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2020.
16., 1';7� co, --------------
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEM
- 4 - PC2020-016
F.XHTBTT "4"
DEV NO. 2019-00066
F -
4A
L3
U
m
141
W PALM LN
W PALAIS ARD
IE
Source: Reemled Tract Maps snd;o, City cis
P1911188 1110M 68 aCCumcy IS ti- K%Q to five feet,
-5- PC2020-016
EXHIBIT "B"
VARIANCE NO. 2019-05126
(DEV2019-00066)
- 6 - PC2020-016
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO
ISSUANCE OF A GRADING PERMIT
The Owner/Developer shall submit a set of improvement plans for Public
Public Utilities,
1
Utilities Water Engineering review and approval in determining the
Water Engineering
conditions necessary for providing water service to the project.
Prepare and submit a final grading plan showing building footprints, pad
Public Works
elevations, finished grades, draining routes, retaining walls, erosion control,
Department,
2
slope easements and other pertinent information in accordance with
Development Services
Anaheim Municipal Code and the California Building Code, latest edition.
All onsite utilities shall be privately owned and maintained by the property
owner. The grading plan shall be labeled accordingly.
Prepare and submit a final drainage/hydrology study, including supporting
Public Works
hydraulic and hydrological data to the City of Anaheim for review and
approval. The study shall confirm or recommend changes to the City's
Department
adopted Master Drainage Plan by identifying off-site and on-site storm
Development Services
3
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 Owner shall obtain the required coverage under California's General
Public Works
Permit for Stormwater Discharges associated with Construction Activity by
Department,
4
providing a copy of the Notice of Intent (NOI) submitted to the State Water
Development Services
Resources Control Board and a copy of the subsequent notification of the
issuance of a Waste Discharge Identification (WDID) number.
Submit a Water Quality Management Plan (WQMP) to the City for review
Public Works
and approval. The WQMP shall be consistent with the requirements of
Section 7 and Exhibit 7.II of the Orange County Drainage Area
Department,
Development Services
Management Plan (DAMP) for New Development/Significant
Redevelopment projects identify potential sources of pollutants during the
5
long-term on-going maintenance and use of the proposed project that could
affect the quality of the stormwater runoff from the project site; defined
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 a Geotechnical Report to the Public Works Development Services
Public WorksDepartment,
6
Division for review and approval. The report shall include any proposed
infiltration features of the WQMP.
Development Services
- 7 - PC2020-016
- 8 - PC2020-016
All required plans and studies shall be prepared by a Registered Professional
Public Works
Engineer in State of California.
Department,Development
Services
PRIOR TO
ISSUANCE OF A BUILDING PERMIT
8
Any relocation of City electronic facilities shall be at the developer's
Public Utilities
expense. That landscape and/or hardscape screening of all pad -mounted
Department,
equipment shall be required and shall be shown on plans submitted for
building permits.
Electrical Engineering
9
A private water system with separate water service for fire protection and
Public Utilities,
domestic water shall be provided and shown on plans submitted to the
Water Engineering Division of the Anaheim Public Utilities Department.
Water Engineering
10
All backflow equipment shall be located above ground outside of the
Public Utilities,
street setback area in a manner fully screened from all public streets and
alleys. Any backflow assemblies currently installed in a vault will have
Water Engineering
to be brought up to current standards. Any other 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 the plans and approved by Water Engineering and Cross Connection
Control Inspector.
11
All requests for new water services, backflow equipment, or fire lines, as
Public Utilities,
well as any modifications, relocations, or abandonments of existing water
services, backflow equipment, and fire lines, shall be coordinated and
Water Engineering
permitted through Water Engineering Division of the Anaheim Public
Utilities Department.
12
The Owner/Developer shall submit to the Public Utilities Department
Public Utilities,
Water Engineering Division an estimate of the maximum fire flow rate
and maximum day and peak hour water demands for the project. This
Water Engineering
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. 15A.1 of the Water Utility Rates, Rules, and
Regulations.
13
Applicant shall contact Water Engineering for recycled water system
Public Utilities,
requirements and specific water conservation measures to be incorporated
into the building and landscape constructions.
Water Engineering
14
Provide a certificate, from a Registered Civil Engineer, certifying that the
Public Works
finished grading has been completed in accordance with the City
Department,
approved grading plan.
Development Services
- 8 - PC2020-016
15
The legal property owner shall irrevocably offer to dedicate to the City of
Public Works
Anaheim, for road, public utilities and other public purposes, the right-
Department,
of -way easements described below:
Development Services
7 ft. in width on Euclid Street
Corner cutback at Euclid Street and Chalet Avenue
16
A Right of Way Construction Permit shall be obtained from the
Public Works
Development Services Division for all work performed in the public
Department,
right-of-way.
Development Services
17
The developer shall construct all improvements along the project's
Public Works
frontage on Euclid Street or a cash -in -lieu payment will be accepted based
Department,
on the project engineer's cost estimate, in an amount approved by the City
Development Services
Engineer to be sufficient to pay for the future street widening in
compliance with City Standard 160-A. The developer's engineer shall
submit to the City for review and approval an engineering cost estimate
for the cost of the required improvements.
18
The developer shall repair any damaged, broken, and lifted sidewalk in
Public Works
the perimeter of the property and shall reconstruct in accordance with
Department,
City Engineering Standard Detail 110-B. These areas shall be identified
Development Services
on the improvement plans.
19
Prior to connection of electrical service, the legal owner shall provide to
the City of Anaheim a Public Utilities easement which dimensions as
Public Utilities,
shown on the approved utility service plan.
Electrical Engineering
20
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
21
The following minimum clearances shall be provided around all new and
existing public water facilities (e.g. water mains, fire hydrants, service
Public Utilities,
laterals, meters, meter boxes, backflow devices, etc.):
Water Engineering
• 10 feet from structures, footings, walls, stormwater BMPs, power
poles, street lights, and trees.
• 5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
22
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to establish
electrical services requirements and submit electric system plans,
Electrical Engineering
electrical panel drawings, site plans, elevation plans, and related technical
drawings and specifications.
- 9 - PC2020-016
23
All fire services 2 -inch and smaller shall be metered with a UL listed
meter, Hersey Residential Fire Meter with Translator Register, no equals.
Public Utilities,
Water Engineering
24
All Landscape plans shall comply with the City of Anaheim adopted
Public Works
Landscape Water Efficiency Guidelines. This ordinance is in compliance
Department,
with the State of California Model Water Efficient Landscape Ordinance
Development Services
(AV 1881).
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
25
All public improvements shall be constructed by the developer, inspected
Public Works
and accepted by Construction Services prior to final building and zoning
Department,
inspection.
Development Services
26
All remaining impact fees including cash in -lieu of public improvements
Public Works
required by Public Works department must be paid in full.
Department,
Development Services
ON-GOING DURING OPERATIONS
27
The subject property shall be developed substantially in the accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which are on file with the Planning Department; provided
however, that the signsPlanning
shall display only advertising or business
Services
identification pertaining to on premise businesses, and that there shall be
Division
no display of any off-site uses, products or services on the signs.
28
That ongoing during project operations, vehicle deliveries including
Public7and
loading and unloading shall be performed on site. Delivery vehicles shall
Depar
not block any part of the public right-of-way.
Traffi
Transportation
GENERAL CONDITIONS
29
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
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
Division
revocation of the approval of this application.
30
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 claims,
actions or proceedings brought against Indemnitees to attack, review, set
Planning Services
aside, void, or annul the decision of the Indemnitees concerning this
Division
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
- 10 - PC2020-016
PC2020-016
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.
31
The property shall be developed substantially in accordance with plans
Planning and Building
and specifications submitted to the City of Anaheim by the applicant and
Department,
which plans are on file with the Planning Department and as conditioned
herein.
Planning Services
Division
32
All new landscaping shall be installed in conformance with Chapter 18.46
Planning Department,
"Landscape and Screening" of the Anaheim Municipal Code and shall be
maintained in perpetuity. Landscaping shall be replaced in a timely
Planning Services
manner in the event that it is removed, damaged, diseased and/or dead.
Division
PC2020-016