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Resolution-PC 2011-082RESOLUTION NO. PC2011 -082 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 2 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION AND APPROVING VARIANCE NO. 2011 -04869 (DEV2011- 00114) (275 SOUTH HARBOR BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain 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 petitioner requests a variance from the street setback to reconstruct a fast food restaurant in the Commercial- General (C -G) zone and the Anaheim General Plan designates this property for Mixed -Use land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 7, 2011, 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures," to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. That the applicant requests to deviate from the following to reconstruct a fast food restaurant: SECTION NO. 18.08.060.010 Minimum street setback abutting an arterial highway (15 feet required adjacent the ultimate right -of -way lines for Broadway and Harbor Boulevard; no setback to the ultimate right -of -way lines proposed) 2. The requested variance is hereby approved because there are special circumstances applicable to the property pertaining to its narrow lot width and previous positioning of the fast food restaurant on the property. This property is 121 feet wide which is narrow for a "C -G" (Commercial - General) zoned property abutting Single - Family Residential. In addition, the planned ultimate width of Harbor Boulevard and Broadway significantly restricts the ability to reconstruct the restaurant building while meeting Code- required setbacks. 1 PC2011 -082 3. Strict application of the Code would deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity as several other buildings in the G -G Zone within the Downtown area do not maintain 15 -foot wide setbacks adjacent to arterial highways. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 2 (Replacement 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 does hereby approve Variance No. 2011 -04869 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 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 (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Variance is approved without limitations on 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) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED 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 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 Anaheim Municipal Zoning Code and any other applicable City, State and Federal regul ations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 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 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 the revocation of the approval of this application. 2 - PC2011 -082 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 7, 2011. ATTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM M CIT YPLANNING COMMISSION AYES: COMMISSIONERS: AGARWAL, AMENT, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR SENIOR SE A C RY, ANAHEIM CITY PLANNING COMMISSION NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of November, 2011. I, Grace Medina, Senior 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 November 7, 2011, by the following vote of the members thereof: SENIOR SECETARY, ANAHEIM CITY PLANNING COMMISSION - 3 PC2011 -082 EXHIBIT "A" DEV NO. 2011 -00114 4 PC2011 -082 NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control, in an orderly fashion through the provision of regular maintenance and removal of trash or debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 -hours of being applied. Planning Department, Code Enforcement Division Csi The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 through 3 (Site/Landscape Plan, Elevation and Floor Plans) and as conditioned herein. Planning 3 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 through 3 (Site /Landscape Plan, Elevation and Floor Plans) and as conditioned herein. Planning TIMING: PRIOR TO ISSUANCE OF BUILDING PERMIT 4 A Lot Line Adjustment to consolidate the 3 existing lots into 1 lot must be approved by the City and recorded in the Office of the Orange County Recorder. Public Works - Development Services 5 The Drainage Impact Mitigation Fee for the South Central Area shall be paid prior to issuance of a building permit. The fee is currently $29,862/ net acre. Credit will be applied for the current development. The applicant must document the existing Public Works - Development Services EXHIBIT "B" VARIANCE NO. 2011-04869 (DEV2011- 00114) - 5 PC2011 -082 -6 PC2011 -082 impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases. the fee will be proportional to the increase. 6 Prior to issuance of building permits, the proposed building shall be located outside of the ultimate right - of-way for both Harbor Boulevard and Broadway. Harbor Blvd. is designated as a 6 -lane Major Arterial Highway. The ultimate right -of -way is 60 ft from the construction centerline of Harbor Blvd. Broadway is designated as a Secondary Arterial with supplemental turn lanes and the required right -of -way is 49 ft. from the construction centerline of Broadway. Also, the ultimate right -of -way requires a corner cut -off at Harbor Blvd. and Broadway that will allow a 25 ft radius curb return. Public Works - Development Services and Traffic and Transportation Services 7 The applicant shall submit street improvement plans including landscaping and irrigation plans to Public Works for the work within the existing right -of -way. A bond shall be posted prior to issuance of a building permit in a form approved by the City Attorney to guarantee construction of the public right -of- way improvements. Parkway irrigation shall be connected to the on -site irrigation system and maintained by the property owner. Public Works - Development Services PRIOR TO THE FINAL BUILDING INSPECTIONS 8 That on -going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Public Works — Traffic Engineering 9 The applicant shall obtain a Right of Way Construction Permit from Public Works for the work performed in the public right-of-way. Improvements must be completed prior to issuance of a certificate of occupancy. Public Works Development Services -6 PC2011 -082 10 The applicant shall replace the existing block wall along the west property line with a minimum 8 -foot high block wall. The height of the wall shall be "stepped- down" adjacent to Broadway in a manner similar to that of the existing block wall. A minimum 18 -inch wide irrigated planter area shall be installed along the east face of the wall and planted with clinging vines per Code requirements to discourage graffiti. 11 That the existing parking lot lights shall be redesigned to ensure that excessive light glare does not spill onto the residential property to the west. - 7 PC2011 -082