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Resolution-PC 2013-073RESOLUTION NO. PC2013 -073 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013 -05672 AND VARIANCE NO. 2013-04944 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00059) (2375 — 2383 WEST LINCOLN AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission ") did receive a verified Petition for Conditional Use Permit No. 2013- 05672 and Variance No. 2013 -04944 to convert an existing motel and restaurant to a student housing and dining hall facility, to include an outdoor dining area and outdoor sports courts (the "Project ") with a variance from minimum parking requirements of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 2375 — 2383 West Lincoln Avenue in the City of Anaheim, County of Orange, State of California, as more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.8- acres, is developed with a 83 room motel and restaurant. The Property is located in the General Commercial Zone. The Anaheim General Plan designates the 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 October 7, 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 conditional use permit and variance 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, 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 hearings pertaining to the request for a Conditional Use Permit to convert an existing motel and restaurant to a student housing and dining hall facility, to include an outdoor dining area and outdoor sports courts, does find and determine the following facts: - 1 - PC2013 -073 1. Because the proposed student housing and dining hail is a use not authorized or mentioned in any zone throughout the City, such use may be authorized by conditional use permit pursuant to Section 18.66.040.020.0202 (Unlisted Uses) of the Zoning Code. 2. The proposed student housing and dining hall would not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located. To minimize impacts on the existing multiple family residential uses surrounding the property, this approval includes conditions of approval to restrict the hours of operation for all outside sports activities. 3. The size and shape of the site is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety because the site can accommodate the parking, traffic flows, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the vehicular circulation is designed to minimize impacts on the surrounding properties. S. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the project has been designed to minimize impacts on the surrounding properties. WHEREAS, the Planning Commission does further find and determine that the variance to permit fewer parking spaces than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (111 spaces required; 78 spaces proposed) 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 traffic and parking study was submitted by the applicant determining that the proposed number of parking spaces in conjunction with the student housing facility is sufficient based upon the operational characteristics of the school; 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 the on -site parking will adequately accommodate the parking demands of the studenthousing facility; 3. That 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 -2- PC2013 -073 proposed use because the on -site parking will adequately accommodate the parking demands of the student housing facility; 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 student housing facility. BE IT RESOLVED that the PIanning Commission does hereby approve Conditional Use Permit No. 2013 -05672 and Variance No. 2013 - 04944, subject to compliance with 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 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 conditions, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that Conditional Use Permit No. 2013 -05672 and Variance No. 2013 -04944 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 approval of Conditional Use Permit No. 2013 -05672 and Variance No. 2013 -04944 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. -3- PC2013 -073 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 7, 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. V W A - CHAIR, ANAHEIM CITY PLAN NG COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 October 7, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 7"' day of October 7, 2013. SENIOR SELaKETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -073 EXHIBIT "A" DEV NO. 2013 - 00059 APN: 071 - 110 -27 W 2 300' =F � v n . d N rp N Z J W cc 277' z W LINCOLN AVE W LINCOLN AVE m a 0 Ln Source: Recorded Tract Maps andlor City GIS, L Please note the accuracy is +/- two to five feet. -5 - PC2013 -073 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013 -05672 VARIANCE NO. 2013-04944 (DEV2013- 00059) NO CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUA OF BUI LDING PERMITS 1 If the project has a landscaping area exceeding 2,500 square feet, a Public separate irrigation meter shall be installed in compliance with the City's Utilities, Landscape Water Efficiency Guidelines. Water Engineering 2 The existing three inch water meter serving the property is substandard Public and shall be replaced. The water meter shall be located above ground, Utilities, behind the property line, and setback in an easement. A lead -free RP Water backflow prevention assembly meeting the City's current standard shall Engineering be installed. 3 All existing water services and fire lines shall conform to current Water Public Services Standards Specifications. Any water service and/or fire line that Utilities, does not meet current standards shall be upgraded if continued use is Water necessary or abandoned if the existing service is no longer needed. The Engineering owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 4 If the existing 1 -inch domestic water meter will utilized for the Public existing service connection, the property owner /developer shall install a Utilities, lead -free backflow prevention assembly that meets the City of Anaheim Water standards. If the existing service lateral is not used, it must be Engineering abandoned at the City main per City standards prior to the issuance of building permits. 5 The owner of subject property shall submit a letter requesting Planning termination of Conditional Use Permit Nos. 955 and 983 to the Planning Department Division. ONGOING DURING PROJECT OPERATION 6 The student housing facility shall be limited to a maximum of 200 Code No additional students. Enforcement demonstration required 7 Any graffiti painted or marked upon the premises or on any adjacent Code No additional area under the control of the licensee shall be removed or painted over Enforcement demonstration within 24 hours of being ap plied. required 8 All outdoor sports activities shall be permitted between 7:00 a.m. and Code No additional 10:00 p.m. Sunday through Thursday, and 7:00 a.m. to 11:00 p.m. Enforcement demonstration Friday and Saturday. required 9 The parking lot of the premises shall be equipped with lighting of Police sufficient power to illuminate and make easily discernible the Department appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring uses. -6- PC2013 -073 10 Rooftop address numbers for the police helicopter shall be provided and Police shall maintain a minimum size of 4' in height and 2' in width. The lines Department of the numbers are to be a minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 11 Complete a Burglary /Robbery Alarm Permit application, Form APD 516, Police and return it to the Police Department prior to initial alarm activation. Department This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /ww ?id =678 12 The subject Property shall be developed substantially in accordance with Planning No additional plans and specifications submitted to the City of Anaheim by the Department demonstration petitioner and which plans are on file with the Planning Department, and required as conditioned herein. 13 Granting f the conditional use p ermit and variance shall be contingent g p g Planning Department No additional demonstration upon operation of this facility in conformance with the assumptions and/or required conclusions relating to the operation and intensity of this use as described in the traffic and parking study dated June 21, 2013 prepared by LLG. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the study, may subject this permit to termination pursuant to the provisions of Chapter 18.60 - Procedures of the Anaheim Municipal Code. 14 The Ap shall defend indemn and hold harmless the Cit and its pp f Y �' e Planning rme Department No additional d de officials, officers, employees and agents (collectively referred to required individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this 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 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. -7- PC2013 -073