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Resolution-PC 2015-004RESOLUTION NO. PC2015 -004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2014-05765 AND VARIANCE NO. 2014 -04998 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00102) (8285 EAST SANTA ANA CANYON ROAD, UNIT 130) 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. 2014 -05765 to permit an instructional art studio with on -site sales and service of beer and wine and Variance No. 2014 -04998 to permit fewer off - street parking spaces than required by the Zoning Code (herein referred to collectively as the "Proposed Project ") for premises known as Unit 130 located within a commercial center at 8285 East Santa Ana Canyon Road in the City of Anaheim, County of Orange, State of California, which commercial center is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property, consisting of approximately 1.6 acres, is developed with a commercial center with office and retail uses. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located in the "C -G" General Commercial Zone, meaning that the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code "). The Property is also located within the Scenic Corridor (SC) Overlay Zone, meaning that the regulations contained in Chapter 18.18 (Scenic Corridor Corridor (SC) Overlay Zone) of the Code shall apply to the Property in addition to and where inconsistent with the "CG" General Commercial Zone shall supersede any inconsistent regulations of the "CG" General Commercial Zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2015 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2014 -05765 and Variance No. 2014- 04998, 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 (i.e., Class 1 — Existing Facilities) 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 - 1 - PC2015 -004 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 for Conditional Use Permit No. 2014 - 05765, does find and determine the following facts: 1. The request for a conditional use permit to permit an instructional art studio with the on -site sale of beer and wine is properly one for which a conditional use permit is authorized, subject to the imposition of conditions of approval. 2. The conditional use permit, under the conditions imposed, will not adversely affect the surrounding land uses and the growth and development of the area because the Property is developed with a commercial center and is surrounded by other retail and office uses. 3. The size and shape of the Property is adequate to allow the full operation of the proposed use in a manner not detrimental to the particular area or to the health, safety and general welfare. 4. The traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because an instructional art studio is within a class of uses already anticipated and analyzed for traffic generation on these streets and highways. 5. The granting of Conditional Use Permit No. 2014 -05765 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, based upon the parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2014 -04998 to permit less parking than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces (154 spaces required; 104 spaces proposed) 1. That the variance, under the conditions imposed, 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. A parking justification letter was prepared by the applicant, determining that the current number of parking spaces within the commercial center is sufficient to accommodate the uses on the site, including the instructional art studio. Additionally, since the instructional art studio would have off - setting peak hours from the retail tenants, parking would be adequate to accommodate the full parking demands for the commercial center; -2- PC2015 -004 2. That the variance, under the conditions imposed, 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 peak parking demands of the proposed instructional art studio along with the demand for parking associated with the other uses within the commercial center; 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 proposed use because the on -site parking for the instructional art studio, along with the demand for parking associated with the other uses within the commercial center, will adequately accommodate peak parking demands; 4. That the variance, under the conditions imposed, 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 that will accommodate both the proposed use and the other uses within the commercial center; and 5. That the variance, under the conditions imposed, 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 that will accommodate both the proposed use and the other uses within the commercial center 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. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Conditional Use Permit No. 2014 -05765 and Variance No. 2014 -04998 are hereby approved, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2014 -05765 and Variance No. 2014 -04998 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. -3 - PC2015 -004 BE IT FURTHER RESOLVED that any amendment, modification or revocation 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 Code. 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 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 12, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -004 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on January 12, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of January, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2015 -004 DEV NO. 2014 -00102 so i00 v Felt Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +/- two to five feet. -6- PC2015 -004 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05765 AND VARIANCE NO. 2014-04998 (DEV2014- 00102) -7- PC2015 -004 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT OPERATIONAL CONDITIONS 1 ' The business shall be operated in accordance with the Letter of Planning Department, Request submitted as part of this application. Any changes to the Planning Services business operation as described in that document shall be subject to Division, review and approval by the Planning Director to determine Code Enforcement substantial conformance with the Letter of Request and to ensure Division compatibility with the surrounding uses. This location shall not be operated as a bar or nightclub. Police Department 2. The number of students in attendance of the instruction art classes Planning Department, shall not exceed 42 persons. Code Enforcement Division 3 ' Planning Department, All activities related to the use shall occur indoors, except as may be permitted by an authorized Special Event Permit. Code Enforcement Division 4. Any graffiti painted or marked upon the premises or on any Planning Department, adjacent area under the control of the business owner shall be Code Enforcement removed or painted over within 24 hours of being applied. Division 5. Security measures shall be provided to the satisfaction of the Police Department, Anaheim Police Department to deter unlawful conduct of Planning & Research employees and patrons, promote the safe and orderly assembly and Unit movement of persons and vehicles. 6. The applicant shall complete a Burglary /Robbery Alarm Permit Police Department, application, Form APD 516, and return it to the Police Department Planning & Research prior to initial alarm activation. This form is available at the Police Unit Department front counter, or it can be emailed to applicant by contacting Officer Budds at mbuddsLa2anaheim.net 7. Managers, owners, and wait staff shall coordinate with the Police Department, Department of Alcoholic Beverage Control and obtain LEAD Planning & Research (Licensee Education on Alcohol and Drugs Program) Training. Unit The contact number is 714 -558 -4101. 8. No display of beer, wine, and /or distilled spirits shall be located outside of the building or within five (5) feet of any public entrance Police Department to said building. -7- PC2015 -004 -8- PC2015 -004 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 9. The sale of beer and wine for consumption off the premises shall be Police Department prohibited. 10. There shall be no requirement to purchase a minimum number of Police Department drinks. 11. The business shall not employ or permit any pesons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or Police Department other profit- sharing plan, shceme or conspiracy. (Section 24200.5 Alcoholic Beverage Control Act). 12. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of beer, wine, and /or distilled spirits. Police Department Interior displays of beer, wine, and /or distilled spirits or signs which are clearly visible to the exterior shall constitute a violation of this condition. 13. The property shall be permanently maintained in an orderly fashion Planning Department, through the provision of regular landscaping maintenance and Code Enforcement removal of trash or debris. Division GENERAL CONDITIONS OFAPPROVAL 14. The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services referred to individually and collectively as "Indemnitees ") from Division 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. 15. The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services the issuance of the final invoice or prior to the issuance of building Division 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. 16. The subject Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Anaheim by Planning Services the petitioner and which plans are on file with the Planning Division Department, and as conditioned herein. -8- PC2015 -004