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Resolution-PC 2009-049RESOLUTION NO. PC2009-049 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05405 AND VARIANCE NO. 2009-04779 (927 SOUTH EUCLID STREET) WHEREAS, the Anaheim City Planning Commission did receive verified Petitions for a Canditional Use Permit and Variance to replace an existing retail building with a new 3-unit retail building with outdoor dining, subdivide one tenant space into three spaces, and remodel an existing neighborhood shopping center with fewer parking spaces than required by Code, wall signs with ]arger letter heights than permitted by Code, and a shorter distance between freestanding signs than required by Code on cedain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the property is located in the General Commercial (C-G) zone and is designated for Neighborhood Center land uses in the City of Anaheim General Plan; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 13, 2009, at 230 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipa] Code, Chapter 18:60, to hear and consider evidence for and against said proposed conditionai use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigarion 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 a conditional use permit, does find and determine the following facts: 1. That a commercial retail center in the General Commercial (C-G) zone is properly one for wliich a conditiona] use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Commercial Retail Centers). _ _ 2. Tbat the proposal to replace an existing retail building with a new 3-unit retail building with outdoor dining, subdivide one tenant space into three spaces, and remodel an existing neighborhood shopping center would not adversely affect the adjoining commercial and residential ]and uses and the growth and development of the area in which it is proposed to be located because the property is cunently improved with a neighborhood shopping center and the enhanced building facades, signage, parking, and landscaping would substantially improve the aesthetics of the buildings and the overall appeazance of the property. 3. That the size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the property is currently improved with commercial retail - 1 - PC2009-049 and office buiidings and 439 parking spaces will be provided. Code requires a total of 636 spaces for the proposed use. A parking study was prepared by Hartzog & Crabill, Inc to analyze the proposal and the study concludes that a minimum of 361 spaces needs to be provided for the entire shopping center based on a shared parking analysis during peak hours on a Friday evening. 4. That the traffic generated by the business would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number of cars and trucks entering and exiting the site are consistent with typical commercial businesses that would be permitted as a matter of right within the General Commercial zone, WHEREAS, said Commission does further find and determine that the request for a variance of the Following Code Sections should be approved, in part, approving waivers (a) and (c) and denying waiver (b), for the following reasons: {a) SECTION NO. 18.42.040.010 Minimum number of parkin~paces. (636 spaces required; 439 spaces proposed). (b) SECTION NO, 18.44.090.010.0102 (c) SECTION NO. 18.44.110.010.0103 Minimum distance between freestandinQ siQns. (300 feet required; 282 feet proposed) Maximum wall si¢n letter heiQht. (24 inches permitted; 20 to 48 inches proposed) 1. The variance pertaining to the minimum number of pazking spaces is hereby approved based upon a parking study prepared by Hartzog & Crabill, Inc which determined that a minimum of 361 spaces should be provided for the project based on a shared parking analysis during peak hours on a Friday evening. 2. The variance, under the conditions imposed, 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 because the site will accommodate the forecasted parking based on the results of the parking study and have a surplus of 78 parking spaces. 3. The variance, 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 projected demand will be far less than the 439 proposed parking spaces. 4. The variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the parking for this site is sufficient for the proposed use and surrounding properties have parking lots that are distinctly separate from this facility. _ 2 _ PC2009-049 5. The variance, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use since the off-street pazking area will provade sufficient parking to accommodate the projected parking demand and the drive aisles through the site are sufficient to accommodate the site's anticipated traffic. 6. The variance, 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 proposed use since the proposed driveways are in generally the same location as the existing access driveways such that no significant access changes are contemplated. 7. The variance pertaining to the maximum wall sign letter height is hereby approved because the total sign area on each building elevation is less than permitted by Code and the wall signs are in proportion to the scale and mass of the building facades. Further, there are unique circumstances applicable to this property that warrant lazger signs because the building is located 250 feet from the street and signs complying with the Code would not be clearly legible from the street. 8. Similar wall sign letter height variances have been granted for other commercial properties in the City. 9. The variance pertaining to the minimum distance between freestanding signs is hereby denied because there aze no physical hardships or special circumstances applicable to this property which would justify approval of a variance from the development standards regulating the distance between freestanding signs. The property has a flat and rectangular shape and the property is large enough to accommodate two freestanding signs along Euclid Street that would meet Code requirements. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve Conditional Use Permit No. 2009-05405 and Varia'nce No. 2009-04779, in part, subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVEP that the Anaheim City 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 af - 3 - PC2009-049 any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation oF the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 13, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN I~O TEMPdRE, ANAHEIM CITY PLANNING COMMISSION ATTEST: Jt C-~rv'~~. / i Lv'r"VI.~-+ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANA~IEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on April 13, 2009, by the following vote of the members thereo£ AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, RAMILtEZ, ROMERO NOES: COMMISSIONERS: NONE .ABSENT: COMMISSIONERS. KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 13`~ day of April, 2009. S~CRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2009-049 EXHIBIT "A" CONDITIONAL USE PERMTT NO. 2009-05405 VARIANCE NO. 2009-04779 ~ GHATEAU AVEIJUE y Z O U Q LL BEACON AVENUE MINERVAAVE y 2 a LL JUNO AVENUE BALL ROAD sh uao ~~ H W W ~ ~ ~ ~ J U ~ W CHA7EAUPL Source: ~.Recorded Trac[ Maps and/or City GIS. Please note the accuracy is +/- two to five fee[. 707 - 5 - PC2009-049 EXI3IBIT "B" CONDITIONAL USE PERMIT NO. 2009-05405 VARIANCE NO. 2009-04779 RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 Trash storage areas shall be provided and maintained in a Planning, locarion acceptable to the Public Works Department and in public Works accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiabie from adjacent streets or highways. 2 A grading plan for the parking lot modifications shall be Public Works submitted to Public Works for review and approval by the City Development Engineer. The driveway locations, drive aisles and parking stalls Services shall be in conformance with the current version of Engineering Standard Details. 3 On-going during project operation, no required parking areas Public Works shall be fenced or otherwise enclosed for outdoor storage uses. Traffic 4 Fire lanes shall be posted with "No Parking Any Time." Said Public Works information shall be specifically shown on plans submitted for Traffic building permits. GENERAL CONDITIONS 5 There shall be no publ'ac telephones on the property that are Planning located outside of the building and within the control of the applicant. 6 y The applicant shall monitor the area under their control in an Police effort to prevent the loitering of persons about the premises. - 7 Parking lots, driveway, circulation areas, aisles, passageways, Police recesses and ground contiguous to buildings, shall be provided with lighting of a minimum one (1) foot candle power to illuminate and make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment far all persons, property, and vehicles onsite. _ 6 _ PC2009-049 8 The property shall be pertnanently maintained in an orderly Code fashion through the provision of regular landscaping Enforcement maintenance, removal of trash or debris, and removal of graffiti within two business days from the time of discovery. 9 Granting of the pazking variance is contingent upon operation of Planning the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the pazking demand study that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said variance which shall subject this variance to termination or modificarion pursuant to the provisipns ofChapter 18.60 Procedures of the Anaheim Municipal Code. 10 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans aze on file with the Planning Department marked Exhibit Nos. 1(Site Plan), 2-7 (Floor Plans), 8-9 (Elevations), and 10 (Landscaping) and as conditioned herein. 11 Extensions for further time to complete conditions of approval Planning may be granted in accordance with Section 18.60170 of the Anaheim Municipal Code. 12 Approval of this applicarion constitutes approval of the proposed Planning request only to the extent that complies with the Anaheim Municipal Zoning 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 _ 13 The applicant shall submit revised plans indicating the location Planning of the proposed freestanding signs in compliance with Code requirements. _ 7 _ PC2009-049