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Resolution-PC 2013-081RESOLUTION NO. PC2013 -081 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2013 -05677 AND VARIANCE NO. 2013 -04952 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00066) (1665 SOUTH BROOKHURST STREET) 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 -05677 and Variance No. 2013 -04952 to permit a preschool facility (the "Project ") with a variance from front setback requirements and fence height of the Anaheim Municipal Code (herein referred to as the "Code ") for certain real property located at 1665 South Brookhurst Street 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 0.67- acres, is developed with a commercial office building. The Property is located in the General Commercial (C -G) Zone. The Anaheim General Plan designates the Property for Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 18, 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 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 categorically exempt from the requirement for the preparation of environmental documents under CEQA pursuant to Section 15303 of Title 14 of the California Code of Regulations (Class 3 — New Construction or Conversion of Small Structures), involving the use of an office tenant space for a preschool, use of a front setback area for a children's play area and the construction of a fence on a commercial property; 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 hearing with respect to the request to permit the Project on the Property does find and determine the following facts: - 1 - PC2013 -081 I . The proposed conditional use permit request to permit a preschool facility located within an existing commercial property is properly one for which a conditional use permit is authorized under Section 18.08.030.010. (Educational Institutions - General) of the Code; and 2. The proposed use 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 preschool will close at 7:00 p.m. and measures will be implemented such as landscaped planters with trees along portions of the rear property line and a six foot high solid block wall along west side of the play area to minimize noise impacts on adjacent properties; 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 site is designed for commercial uses with no expansion proposed and the front and rear parking lots will be reconfigured to provide an on -site drop -off lane and a more efficient on -site circulation. 5. 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 neighborhood. WHEREAS, the Planning Commission does further find and determine that the variance request from the setback requirements of the Code should be approved for the following reasons: SECTION NO. 18.08.060.010 SECTION NO. 18.46.110.030 Minimum Front setback (10 feet required; 2 feet to 6 feet, 6 inches proposed) Maximum Fence Height (3 feet permitted; 6 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 that result in limited and inefficient use of the Property if it were developed in conformance with development standards. 2. That, because of these 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 since the Property has a long and shallow and irregular shape as compared to other commercial properties located on Brookhurst Street. -2- PC2013 -081 NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2013 -05677 and Variance No. 2013 -04952 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. BE IT FURTHER RESOLVED, that this permit 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 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 30 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 November 18, 2013. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIR, ANAHEIM CITY ' NNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3 - PC2013 -081 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 November 18, 2013, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERSAUD IN WITNESS WHEREOF, I have hereunto set my hand this 18'' day of November, 2013. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2013 -081 EXHIBIT " A " DEV NO. 2013 -00066 APN: 127 - 601 -15 z F a � m W C m G J = in U W PACIFIC AVE 1 1 1 1 � �n f— . cn 252' o n � p z 2 40' O a aG1 W CRESTWOOD LN Ln F- LL, m 0 W GOLDEN WEST AVE "' W FOREST LN W JUDITH LN W JUDITH LN 11 O o Source: Recorded Tract Maps and /or City GIS. Fees Please note the accuracy is +I- two to five feet. -5- PC2013 -081 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05677 AND VARIANCE NO. 2013-04952 (DEV2013- 00066) -6- PC2013 -081 REVIEW BY SIGNED NO. CONDITIONS OF APPROVAL OFF BY PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 All requests for new water services or fire lines, as well as any Public modifications, relocations, or abandonment of existing water Utilities -Water services and fire lines, shall be coordinated through Water Engineering Engineering Division of the Anaheim Public Utilities Department. 2 If the redesigned and re- planted landscape areas exceed 2,500 square Public feet, a Landscape Documentation Package and a Certification of Utilities -Water Completion are required and a separate irrigation meter shall be Engineering installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 6160 relating to landscape water efficiency. 3 A lead free backflow prevention device, meeting the City of Public Anaheim's Standards, shall be installed at the existing meter. The Utilities -Water system shall be shown on plans submitted for building permits and Engineering installed prior to final occupancy. 4 An automatic fire sprinkler system shall be designed, installed and Fire maintained as required by the Fire Department. The system shall be Department shown on plans submitted for building permits and installed prior to final occupancy. 5 A fire alarm system shall be designed, installed and maintained as Fire required by the Fire Department. The system shall be shown on Department plans submitted for building permits and installed prior to final occupancy. 6 A parking management plan shall be submitted to the Planning Planning Department. This plan shall describe how the student drop -off zone Department will function, and the proposed path of travel for students and vehicles. 7 The applicant shall obtain a right -of -way construction permit to Public Works upgrade the accessible ramp at the corner of Crestwood Lane and Development Brookhurst Street per the latest version of Public Works Standard Services Detail No. 111 -3, Type 6, case A. The work shall be completed prior to final building and zoning inspections. -6- PC2013 -081 PRIOR TO OCCUPANCY 8 The premises shall be equipped with a comprehensive security alarm Police system (silent or audible) for the following coverage areas: perimeter Department building and access route protection and any high value storage areas. The system shall also include a panic alarm function capable of immediately alerting authorities to an emergency situation. 9 The building shall comply with the requirements of an I -4 occupancy Fire in accordance with the California Building Code, 2010 Edition. Department 10 A Burglary /Robbery Alarm Permit application must be completed, Police Form APD 516, and returned to the Police Department prior to initial Department alarm activation prior to occupancy. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http: / /www.anaheim.net /article.asp ?id =678 11 Closed circuit television (CCTV) security cameras shall be installed Police with the following coverage areas: interior entrance, exterior Department entrance, all pedestrian entrances, west parking lot where obscured from view, outdoor recreation area prior to occupancy. If security cameras are not monitored, signs indicating so should be placed at each camera. Recordings should be kept for a minimum of 30 days before being deleted or recorded over. 12 All exterior doors to have adequate security hardware (e.g., deadbolt Police locks). Wide -angle peepholes or other viewing devices should be Department installed in solid doors where natural surveillance is compromised. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob /lever /turn piece. Interior doors should be an open design to offer the maximum possible viewing area for persons inside and outside the rooms prior to occupancy. 13 Landscaping shall be of the type and situated in locations to Police maximize observation while providing the desired degree of Department aesthetics. Security planting materials are encouraged along fence and property lines and under vulnerable windows. Trees should not be planted close enough to the structure to allow easy access to the roof, or should be kept trimmed to make climbing difficult. Any ground landscaping directly in front of exterior windows shall be of a low design (no higher than three feet) to prevent obstructed views. 14 "No Trespassing 602(k) P.C." shall be posted at the entrances of Police parking lots /structures and located in other appropriate places. Signs Department must be at least 2' x 1' in overall size, with white background and black 2" lettering. All entrances to parking areas shall be posted with appropriate signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners /managers request prior to occupancy. -7- PC2013 -081 15 Adequate lighting of parking lots, passageways, recesses, and Planning grounds contiguous to buildings shall be maintained with lighting of Department 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 within prior to occupancy. 16 The new trash enclosure shall be improved with solid metal doors Public Works per City Standards to screen bin from view of the street. The walls Streets and of the trash enclosure shall be protected from graffiti opportunities Sanitation by the use of plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers, tall shrubbery, or other means approved by the Planning Director prior to occupancy. 17 Per the submitted landscape plan, the existing landscaped planters on Planning the site, including the front setback areas shall be upgraded where Department needed to include new planting material and shall be properly irrigated and maintained. The new and existing planters shall be provided with trees, shrubs, vines and groundcovers as approved by Planning Staff. The landscaping along the proposed fence and within the protected line -of -sight shall be a maximum three feet in height. Tall growing evergreen shrubs and trees shall be planted along the west side of the proposed 6 foot high solid block wall to protect the privacy of the residence located to the west of the site. Design details of the proposed block walls and wrought -iron fence material shall be included in the landscape plan for review and approval. GENERAL 18 The property shall be permanently maintained in an orderly fashion Code through the provision of regular landscaping maintenance, removal Enforcement of trash or debris. 19 The preschool facility shall be operated in accordance with the Letter Planning of Operation submitted as part of this application. Any changes to Department the business operation as described in the Letter of Operation shall be subject to review and approval by the Planning Director to ensure compatibility with the surrounding uses. Special events such as graduations, back to school night, parent orientations and other preschool related events shall occur no earlier than 6 p.m. on weekdays. -8- PC2013 -081 20 The applicant shall defend, indemnify, and hold harmless the City Planning and its officials, officers, employees and agents (collectively referred Department to individually and collectively as "Indemnities ") from any and all claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 21 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days of Department 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 may result in the revocation of the approval of this application. 22 Any graffiti painted or marked upon the premises or on any adjacent Code area under the control of the property owner shall be removed or Enforcement painted over within 24 hours of being applied. 23 The premises shall be developed substantially in accordance with Planning plans and specifications submitted to and reviewed and approved by Department the City of Anaheim, which plans are on file with the Planning Department marked as Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan). -9- PC2013 -081