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Resolution-PC 2014-030RESOLUTION NO. PC2014 -030 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2013 -05718 AND VARIANCE NO. 2013 -04956 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2013- 00134) (SOUTHWEST CORNER OF EUCLID STREET AND WESTMONT DRIVE) WHEREAS, the Anaheim Planning Commission (herein referred to as the "Planning Commission ") did receive a verified petition for Conditional Use Permit No. 2013 -05718 to construct a parking lot to provide accessory parking spaces for an existing office building located at 505 North Euclid Street (herein referred to as the "Proposed Project ") and Variance No. 2013- 04956 to permit landscape setbacks less than required by the Anaheim Municipal Code (the "Code ") on that certain real property located adjacent to the aforementioned building at the southwest corner of Euclid Street and Westmont Drive in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the 1.1 -acre Property is currently vacant and consists of nine separate parcels. The zoning for the Property is General Commercial (C -G). The Property is designated for Mixed Use land uses by the General Plan; and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the State of California Guidelines for Implementation of the California Environmental Quality Act (herein referred to as the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; 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 construction or placement of minor structures accessory to existing commercial facilities, including small parking lots, and that, therefore, pursuant to Section 15311 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, on April 7, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given as required by Resolution No. 95R -134 and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence for and against the proposed Conditional Use Permit No. 2013 -05718 and Variance No. 2013- 04956, and to investigate and make findings and recommendations in connection therewith; and - I - PC2014 -030 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 construct a parking lot to provide accessory parking spaces for an existing office building at 505 North Euclid Street, has determined that Conditional Use Permit No. 2013 -05718 should be approved for the following reasons, does find and determine the following facts: 1. The request to permit the Proposed Project is properly one for which a conditional use permit is authorized under Section 18.08.030.010 of the Code, which permits Automotive — Public Parking as a primary use within the General Commercial (C -G) zone subject to approval of a conditional use permit. 2. The proposed Project will not adversely affect the surrounding land uses, or the growth and development of the area in which it is proposed to be located because the proposed Project has been designed to be compatible with surrounding residential uses to reduce or eliminate any potential adverse impacts. 3. The size and shape of the site for the Proposed Project 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, and circulation without creating detrimental effects on adjacent properties. 4. The traffic generated by the Proposed Project 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. 5. The granting of Conditional Use Permit No. 2013 -05718 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for Variance No. 2013 -04956 for a landscape setback to allow less parking than required by Code, should be approved for the following reasons: SECTION NO. 18.08.100.010 Minimum landscape setback. (15 feet required along Euclid Street - 5 feet proposed; 10 feet required along the I -5 freeway and Westmont Drive — 5 and 7 feet proposed) 1. There are special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other property under the identical zoning classification in the vicinity because the site is surrounded by public streets on three sides and is also adjacent to existing steep slopes along Euclid Street and the I -5 Freeway. This site is also smaller than other commercially -zoned properties in the surrounding area. In addition, the planters adjacent to Euclid Street and the I -5 Freeway will be heavily landscaped with canopy trees every 20 feet in compliance with Code and these planters will blend in with the existing landscaped slope areas owned by Caltrans, and this will minimize its visual impact upon the surrounding neighborhood. The seven foot setback proposed along Westmont Drive is greater -2- PC2014 -030 than the landscape setback of the parking lot across the street on the north side of Westmont Drive and is consistent with the setbacks of the residential buildings to the west. NOW, THEREFORE, BE IT RESOLVED that this Planning Commission does hereby approve Conditional Use Permit No. 2013 -05718 and Variance No. 2013 -04956 for the Property, 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 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, (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 -05718 and Variance No. 2013 -04956 are 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 of Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that approval of Conditional Use Permit No. 2013 -05718 and Variance No. 2013 -04956 constitutes approval of the proposed request only to the extent that they comply with the Zoning Code of the City of Anaheim 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 7, 2014. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of the City Council in the event of an appeal. ff-4w, I/1,,. C nmz — HAIR, ANAHEIM CITY PLA ING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2014 -030 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 April 7, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 7 day of April, 2014. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2014 -030 EXHIBIT " A " DEV NO. 2013-00134 -5- PC2014 -030 APN: 072 - 213 -33 072 - 213 -17 072 - 213 -30 072 - 213 -41 ~ a 072 - 213 -16 072 - 213 -32 Y = 072- 213 -02 Q 072- 213 -15 a z � z � sn V W Z W WESTMONT DR 100.07' z w J in z a Q J z co ? t/1 O a o Q z r /1 0 5 c Source: Recorded Tract Maps and /or City GI& Feet Please note the accuracy is +/- two to five feet. -5- PC2014 -030 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2013-05718 AND VARIANCE NO. 2013-04956 (DEV2013- 00134) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY PRIOR TO ISSUANCE OF BUILDING AND GRADING PERMITS 1 All backflow equipment shall be located above ground outside Public of the street setback area in a manner fully screened from all Utilities public streets and alleys. Any backflow assemblies currently Department, installed in a vault will have to be brought up to current Water standards. Any other large water system equipment shall be Engineering installed to the satisfaction of the Water Engineering Division Division outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Control Inspector. 2 All requests for new water services, backflow equipment, or Public fire lines, as well as any modifications, relocations, or Utilities abandonments of existing water services, backflow equipment, Department, and fire lines, shall be coordinated and permitted through Water Water Engineering Division of the Anaheim Public Utilities Engineering Department. Division 3 This is a project with a landscaping area exceeding 2,500 Public square feet. A Landscape Documentation Package and a Utilities Certification of Completion are required and a separate Department, irrigation meter shall be installed in compliance with Chapter Water 10.19 of Anaheim Municipal Code and Ordinance No. 6160 Engineering relating to landscape water efficiency. Division 4 The existing 12 -inch water main and related water facilities Public shall be included in the Right of Way Encroachment License Utilities (ENC2014- 00141) that will be issued for the project. In the Department, event of a future right -of -way abandonment, the Owner shall Water irrevocably offer to dedicate to the City of Anaheim (1) an Engineering easement for all fire hydrants, including a five (5) -foot wide Division easement around the fire hydrant, and (ii) a twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department's standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not -6- PC2014 -030 -7- PC2014 -030 limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner. No stoim drain, sewer, dry utilities or other facilities shall be located within the dedicated water easement. 5 The existing 12 -inch water main, valves, fire hydrant, and Public irrigation service within the existing Mariposa Place right -of- Utilities way that runs through the proposed project site shall be protected Department, in place. Water Engineering Division 6 Trash storage areas shall be provided and maintained in a location Public acceptable to the Public Works Department, Streets and Sanitation Works - Division and in accordance with approved plans on file with said Streets and Department. Said storage areas shall be designed, located and Sanitation screened so as not to be readily identifiable from adjacent streets Division or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 7 A demolition permit and /or right -of -way construction permit, Public Works completion and approval of the encroachment license (Real Department, Property Services case ENC2014- 00141) shall be required. Development Services Division 8 Prior to issuance of the grading and /or demolition permit, the Public Works applicant shall apply for a formal street closure. Real Property Department, Services will schedule the street closure for a City Council Development Hearing following approval of the permit by Planning Services Commission. Division 9 The applicant shall submit a WQMP to Public Works for review Public Works and approval by the City Engineer. Department, Development Services Division 10 The developer shall obtain Right of Way Construction Permits Public Works from Development Services for all work performed in the right- Department, of -way in Westmont Drive and Mariposa Place. Prior to issuance Development of the permit, bonds shall be posted to guarantee construction of Services the improvements per Public Works Standard Detail 160 -A. Division The improvements shall be constructed prior to final building and zoning inspections. -7- PC2014 -030 11 If the State relinquishes its land to the City, then the City could Public Works elect to sell some or all of the affected land to the applicant. An Department, engineering analysis shall be required to determine how much of Development the relinquished area the City needs to retain for structural, Services access, and repair purposes, and whether the applicant would Division elect to construct a retaining wall. 12 Plans shall show any proposed gates and shall demonstrate that Planning gates shall not be installed across any driveway in a manner Department which may adversely affect vehicular traffic on the adjacent public streets, and that installation of any gates shall conform to the current version of Engineering Standard Detail 475. The location of any proposed gates shall be subject to the review and approval of the City Engineer. 13 Stop signs and stop legends on the site plan shall be in Public Works conformance with the latest versions of Engineering Standard Department, Details 434 and 435. Traffic Engineering Division 14 The property owner /developer shall obtain coverage under the Public Works NPDES Statewide Industrial Stormwater Permit for General Department, Construction Activities from the State Water Resources Control Development Board. Evidence of attainment shall be submitted to the Public Services Works Department, Development Services Division. Division 15 Prior to issuance of grading permits, the final drainage report Public Works shall demonstrate there is no increase in site run -off for the Department, developed condition. Additional on -site drainage improvements Development (such as detention/retention basins or surface runoff reduction) Services are required to match existing Q -peak run -off condition. Division 16 Prior to issuance of a grading permit, the applicant shall submit Public Works updated title reports (dated within the last 30 days of the Department, submitted grading permit application) for all the parcels shown Development in the site plan. Issuance of the permit may be withheld until the Services applicant obtains all clearances in writing from the affected Division parties or entities. 17 Conditions of approval associated with this entitlement shall be Planning prominently displayed on plans submitted for permits. Department PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 18 Curbs adjacent to the drive aisles shall be painted red to Public Works prohibit parking in the drive aisles. Red curb locations shall be Department, clearly labeled on grading plans. Development Services Division 19 All street improvements and WQMP required items shall be Public Works -8- PC2014 -030 -9- PC2014 -030 installed and operational prior to final building and zoning Department, inspections. Development Services Division GENERAL CONDITIONS 20 Adequate lighting of parking lots, driveway, circulation areas, Police aisles, passageways, recesses and grounds contiguous to Department 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 persons, property, and vehicles on -site. 21 The applicant shall be responsible for maintaining the area Planning adjacent to the premises over which they have control, in an Department, orderly fashion through the provision of regular maintenance and Code removal of trash or debris. Any graffiti painted or marked upon Enforcement the premises or on any adjacent area under the control of the Division licensee shall be removed or painted over within 24 hours of being applied. 22 The applicant is responsible for paying all charges related to the Planning processing of this discretionary case application within 30 days Department 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 may result in the revocation of the approval of this application. 23 The Property shall be developed substantially in accordance with Planning plans and specifications submitted to the City of Anaheim by the Department applicant and which plans are on file with the Planning Department and as conditioned herein. 24 The Applicant shall defend, indemnify, and hold harmless the Planning City and its officials, officers, employees and agents (collectively Department referred to 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. -9- PC2014 -030