Resolution-PC 2013-016RESOLUTION NO. PC2013 -016
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
APPROVING VARIANCE NO. 2012 -04888
(DEV2012- 00013)
(1925 EAST LINCOLN AVENUE AND 1920 EAST CENTER STREET)
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission ") did receive a verified Petition to approve Variance No. 2012 -04888
to permit a retail center with fewer parking spaces than allowed by code in the C -G (General
Commercial) zone, as required by the Anaheim Municipal Code (herein referred to as the
"Code "), for that certain real property located at 1925 East Lincoln Avenue and 1920 East Center
Street in the City of Anaheim, County of Orange, State of California, as more particularly shown
in Exhibit A. attached hereto and incorporated herein by this reference (the "Property "); and
WHEREAS, the Property, consisting of approximately .48 -acre, is developed with a 984
square foot vacant commercial building and a 1,480 square foot restaurant. The Property is
located in the C -G (General Commercial) zone. The Anaheim General Plan designates the
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 January 28, 2013, 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 of the
Code, to hear and consider evidence for and against said proposed variance and to investigate
and make findings and recommendations in connection therewith; and
WHEREAS, as the lead agency under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects 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, the Planning Commission does further find and determine that the request
for a variance to permit less parking than required by Code in conjunction with a commercial
center should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of narking spaces.
(37 spaces required; 27 spaces proposed)
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1. That the variance, under the conditions imposed, if any, 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 a parking demand study was prepared by
K -2 Traffic Engineering Inc. dated August 24, 2012, determining that 27 parking spaces for the
proposed the commercial center is sufficient to accommodate existing and proposed uses.
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use because on -site parking within the commercial center will not increase or
compete for on -street parking, since adequate parking will be provided on -site to accommodate
the peak parking demands of the proposed commercial center and the other uses on the site;
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the commercial center is physically separate from other
surrounding commercial properties, therefore there will be no direct competition for parking
upon adjacent properties;
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off- street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress points to the property and are designed to allow
for adequate on -site circulation; and
5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of
the proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on -site circulation and therefore will not impede vehicular ingress to
or egress from adjacent properties upon the public streets in the immediate vicinity of the
commercial center.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2012 -04888 subject to the conditions of approval described 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 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.
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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 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.
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 the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of January 28, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter
18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
CHAIR PRO- TIEMPORE, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on January 28, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN,
PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
IN WITNESS WHEREOF, I have hereunto set my hand this 28 day of January, 2013.
SENIOR S8EkETARY, ANAHEIM CITY PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2012-00013
APN: 037 - 190 -73
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IW4041131a13N
VARIANCE NO. 2012-04888
(DEV2012- 00013)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL
1
Prior to issuance of a building permit, the property owner shall obtain
Public Works
an Encroachment License from the Department of Public Works.
Department,
Development
Services
Division
2
That on -going during project operation, no required parking areas shall
Public Works
be fenced or otherwise enclosed for outdoor storage uses.
Department,
Traffic
Engineering
Prior to issuance of a building permit, the property owner shall
Public Works
3
irrevocably offer to dedicate to the City of Anaheim an easement up to
Department,
the existing building fagade measured from the centerline of the street
Development
along Lincoln Avenue for street widening purposes.
Services
Division
4
Prior to issuance of a building permit, the developer shall submit street
Public Works
improvement plans to improve Lincoln Avenue and Center Street in
Department,
accordance with PW Standard Detail No. 160 -A; including driveways,
Development
sidewalks, curb and gutter, planting and irrigation for the public
Services
parkway, to the Public Works Department, Development Services
Division
Division. The parkway landscaping strips shall be constructed with the
irrigation connected to the on -site irrigation system and maintained by
the property owner.
5
Prior to issuance of a building permit, the developer shall post a
Public Works
security to guarantee the construction of public works improvements
Department,
in an amount approved by the City Engineer and in a form approved
Development
by the City Attorney. The improvements shall be constructed prior to
Services
final building and zoning inspections.
Division
6
Prior to grading plan approval, the developer shall submit a Drainage
Public Works
Study prepared by a registered professional Civil Engineer in the
Department,
State of California. The Study shall be based upon and reference the
Development
latest edition of the Orange County Hydrology Manual the
Services
applicable City of Anaheim Master Plan of Drainage for the project
Division
area. All drainage sub -area boundaries per the City's Master Plan for
Drainage shall be maintained. The Study shall include: an analysis of
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10-, 25- and 100 -year storm frequencies; an analysis of all drainage
impacts to the existing storm drain system based upon the ultimate
project build -out condition; and address whether off -site and/ or on-
site drainage improvements (such as detention/ retention basins or
surface runoff reduction, upsize City system) will be required to
maintain the existing peak discharge or to lower it.
7
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner /developer shall coordinate with Electrical Engineering to
Electrical
establish electrical service requirements and submit electric system
Engineering
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
g
If required, prior to connection of electrical service, the legal owner
Public Utilities,
shall provide to the City of Anaheim a Public Utilities easement with
Electrical
dimensions as shown on the approved utility service plan.
Engineering
9
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
10
The applicant shall be responsible for maintaining the commercial
Planning/Code
center in an orderly fashion through the provision of regular
Enforcement
maintenance and removal of trash or debris.
11
No required parking area shall be fenced or otherwise enclosed for
Planning
outdoor storage uses.
Prior to issuance of a grading permit a Preliminary Water Quality
Building
12
Management Plan (WQMP) shall be submitted consistent with the
Division
requirements of Section 7 and Exhibit TH of the Orange County
Drainage Area Management Plan (DAMP) for New Development/
Significant Redevelopment projects.
13
Prior to final Zoning and Building inspections approval of the
Building
WQMP shall be verified.
Division
14
The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
Planning
applicant and which plans are on file with the Planning Department
marked Exhibit No. 1 (Site Plan), and as conditioned herein.
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