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Resolution-PC 2015-002RESOLUTION NO. PC2015 -002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO VARIANCE NO. 4065 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00079) (528 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, on July 12, 1990, and subject to certain conditions of approval, the Zoning Administrator of the City of Anaheim (herein referred to as the "Zoning Administrator ") adopted Decision No. ZA90 -46, approving Variance No. 4065 to allow fewer parking spaces than required to permit a 3,614 square foot addition to an existing furniture store (herein referred to as the "Original Variance ") on that certain real property located at 528 South State College Boulevard in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "). The conditions of approval which were the subject of the Original Variance shall be referred to herein collectively as the "Previous Conditions of Approval "; and WHEREAS, pursuant to Section 18.60.190 of the Anaheim Municipal Code ( "Code "), the applicant filed a petition to amend the Original Variance to allow fewer parking spaces than required by the Code for a retail uniform clothing store to be operated in the former furniture store building at the Property (herein referred to as the "Proposed Project "). Said amendment is designated as Variance No. 4065A; and WHEREAS, the Property is approximately 0.5 -acre in size and is developed with an existing retail building. The Property is located in the "C -G" General Commercial Zone and the Anaheim General Plan designates the Property for Low - Medium Density Residential land uses; and WHEREAS, on January 12, 2015, 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 in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against proposed Variance No. 4065A, 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 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 -002 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 allow fewer parking spaces than required by the Code for a retail uniform clothing store at the Property, has determined that Variance No. 4065A should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking_ spaces. (58 spaces required; 18 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 based upon the conclusions contained in the parking demand analysis, dated November 26, 2014, and prepared by Kunzman Associates, Inc. The study established a parking demand ratio appropriate for a uniform clothing retail store based on parking counts and two existing locations with similar characteristics and confirmed that ample parking will be available for the existing business as the 18 parking spaces provided on the property can accommodate the anticipated peak demand for the use of approximately 13 parking spaces; and 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 within the property will adequately accommodate the peak parking demands of the retail uniform clothing store; and 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 retail uniform clothing store will adequately accommodate peak parking demands of the use; and 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; 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. 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 presentation, 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. -2- PC2015 -002 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons hereinabove stated, that Variance No. 4065A is hereby approved, thereby amending the Original Variance, which approval is contingent upon and 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 safety and general welfare of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED that effective upon the effective date of this Resolution, the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by this reference (the "Revised Conditions of Approval ") amend the Previous Conditions of Approval and hereby replace the Previous Conditions of Approval in their entirety. All references to the conditions of approval for the Original Variance CUP and this Variance No. 4065A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B , which shall control and govern the Original Variance, as amended by Variance No. 4065A. BE IT FURTHER RESOLVED that 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, except as otherwise provided under the Revised Conditions of Approval, 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 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 Variance No. 4065A 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. -3 - PC2015 -002 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 t1p7vent of an appeal. �IRMAN, A PLANN1 COMMISSION OF HE CITY OF A IM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 -4- PC2015 -002 EXHIBIT "A" DEV NO. 2014 -00079 APN: 083- 411 -12 s� E WESTPORT DR w ca 101' Ui Z l9 D w � 0 N 4J W V) U) E VIRGINIA AVE Ell, E ALDEN AVE d w �n w x D9 ��SA D9, v9 4RESEDA PL Source: Recorded Tract Maps and /or City GIS. reec Please note the accuracy is +/- two to five feet. - 5 - PC2015 -002 EXHIBIT "B" VARIANCE NO. 4065A (DEV2014- 00079) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 The retail uniform clothing store shall be operated in accordance with the Planning Department, Letter of Request and Parking Demand Study submitted as part of this Planning Services application. Any changes to the business operation as described in that Division document shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Request and Parking Demand Study and to ensure compatibility with the surrounding uses. 2 The parking lot and alley shall be lit during the hours of darkness in order Planning Department, to illuminate and make clearly visible the presence of any person on or Code Enforcement about the premises. Division 3 The property shall be permanently maintained in an orderly fashion Planning Department, through the provision of regular landscaping maintenance, removal of Code Enforcement trash or debris, and removal of graffiti within twenty four (24) hours from Division time of occurrence. GENERAL CONDITIONS 4 The subject Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Anaheim by the Planning Services petitioner and which plans are on file with the Planning Department, Division and as conditioned herein. 5 The Applicant shall defend, indemnify, and hold harmless the City and its Planning Department, officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees ") from any and all claims, Division 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. 6 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of the Planning Services issuance of the final invoice or prior to the issuance of building permits Division 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. -6- PC2015 -002