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Resolution-PC 2013-019RESOLUTION NO. PC2013 -019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2012-05645 AND VARIANCE NO. 2013 -04924 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2012- 00140) (1221 — 1223 NORTH HARBOR BOULEVARD) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2012 -05645 and Variance No. 2013 -04924 to amend a previously - approved site plan for an existing auto sales and repair facility, including building location, and parking and circulation to permit a dental office to be located on site with a front setback less than required by Code for that certain real property located at 1221 — 1223 North Harbor Boulevard 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 1.4 -acre Property is developed with a 5,284 square foot commercial building and is located in the C -G (General Commercial) Zone. The Anaheim General Plan designates this property for Low Medium Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on February 11, 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 the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against proposed Conditional Use Permit No. 2012 -05645 and to investigate and make findings and recommendations in connection therewith; and the item was continued to the February 25, 2013 hearing; 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. 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 Conditional Use Permit No. 2012- 05645, does find and determine the following facts: 1. The proposed dental office and auto sales and repair facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Automotive - Repair and Modification). 1 - PC2013 -019 2. The operation of a dental office and auto sales and repair facility will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the uses are compatible with existing residential and commercial uses surrounding the property and adequate parking will be provided in compliance with Code requirements. 3. The size and shape of the Property is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety because both uses will be located within an existing commercial building fronting on a Major Arterial Highway. 4. The traffic generated by the school will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. The granting of Conditional Use Permit No. 2012 -05645 will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use is similar to uses in the area and activities would occur entirely within the building space. WHEREAS, the Planning Commission does further find and determine that the variance request from setback requirements should be approved for the following reasons: SECTION NO. 18.08.060.010 Minimum building setback (15 feet from ultimate right -of -way required; 3 feet proposed) 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 because the planned widening of Harbor Boulevard limits the ability to expand the dentist office while complying with the Code - required setbacks. 2. That, because of 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 the required dedication and future street improvement along Harbor Boulevard creates unique circumstances that do not generally apply to other properties in the same zone. In addition, a similar variance was approved for the newly- constructed Carl's Jr. restaurant at the intersection of Broadway and Harbor Boulevard as a result of street improvement and dedication requirements. BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2012 -05645 and Variance No. 2013- 04924, including, specifically, 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 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 the conditions of approval set forth in Exhibit B hereto may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. -2- PC2013 -019 BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2012 -05645 and Variance No. 2013 -04924 is approved without limitations on the hours of operation or 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 approval of Conditional Use Permit No. 2012 -05645 and Variance No. 2013 -04924 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 February 25, 2013. 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. CHAIR, ANAHEIM CITY ANNING COMMISSION ATTEST: �t SECRETARY, ANAHEIM CITY PLANNING -3- PC2013 -019 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 February 25, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, FAESSEL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 25` day of February, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -019 EXHIBIT "A" DEV NO. 2012 -00140 APN: 073 - 435 -12 91 FREEWAY 073 - 435 -25 W REED AVE O x 135' Cl 4 < o C 0 z N ON ca a oc 135' 2 z z W ROMNEYA DR W CARL KARCHER WAY p ' 9 < M pgRk �'9Y © u so mn ® Source: Recorded Tract Maps and /or City GIB. r,' Please note the accuracy Is +/- two to five feet. -5- PC2013 -019 IWIP "I t1 fla14 CONDITIONAL USE PERMIT NO. 2012-05645 AND VARIANCE NO. 2013-04924 (DEV2012- 00140) 6- PC2013 -019 REVIEW BY SIGNED NO. CONDITIONS OF APPROVAL OFF BY GENERAL 1 The property owner shall submit a letter to the Planning Department Planning requesting the termination of Conditional Use Permit No. 2542. 2 No required parking area shall be fenced or otherwise enclosed for outdoor Code storage. Enforcement 3 Prior to issuance of a building permit, the legal property owner shall Public Works, irrevocably offer to dedicate an easement 60 feet from the centerline of Development Harbor Boulevard for road, public utilities and other public purposes, All Services building elements shall be located outside the 60 -foot easement. 4 The legal property owner shall submit an application for a Subdivision Map Public Works, Act Certificate of Compliance to the Public Works Department, Development Development Services Division. A Certificate of Compliance or Services Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder prior to final building and zoning inspections. 5 Prior to final building and zoning inspections, the existing trash enclosure Public Works, shall be refurbished according to City specifications, including the Sanitation installation of covered trash enclosure to prevent the entry of storm water. 6 Adequate lighting of parking lots, passageways, recesses, and grounds Police contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on -site. All exterior doors shall have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Monument signs and addresses shall be well lighted during hours of darkness. Minimum recommended lighting level in all parking lots is .5 foot- candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 7 Any graffiti painted or marked upon the premises or on any adjacent area Code under the control of the property owner shall be removed or painted over Enforcement within 24 hours of being applied. 6- PC2013 -019 8 The applicant shall be responsible for maintaining the premises in an Planning/ Code orderly fashion through the provision of regular maintenance and removal Enforcement of trash or debris. 9 All activities related to the use shall occur indoors, except as may be Planning/ Code permitted by an authorized Special Event Permit. Enforcement 10 The property shall be developed substantially in accordance with plans and Planning specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 (Floor Plan), and as conditioned herein. -7- PC2013 -019