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Resolution-PC 2015-053RESOLUTION NO. PC2015-053 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2015-05779 AND VARIANCE NO. 2015-05002 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00005) (602 - 610 NORTH ANAHEIM BOULEVARD) 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. 2015- 05779 to expand an existing motel by adding seven additional rental units, and Variance No. 2015- 05002 to allow (1) a building setback between the motel addition and the adjacent residential zone that is smaller than required by the Zoning Code, and (2) proposed parking spaces to encroach into the required landscape setback area adjacent to Anaheim Boulevard at 602-610 North Anaheim Boulevard in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property, consisting of two parcels totaling approximately .48 acres, is currently developed with a motel and single family residence. The Anaheim General Plan designates the Property for General Commercial land uses. The Property is located within the "C -G" General Commercial Zone and is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Zoning Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 27, 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. 2015-05779 and Variance No. 2015-05002, and to investigate and make findings and recommendations in connection therewith; 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, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within those classes of projects which involve negligible or no expansion of an existing use [i.e., Section 15301 (Existing Facilities)] or, alternatively, the construction and location of limited numbers of new, small facilities or structures [i.e., Section 15303 (New Construction or Conversion of Small Structures)]. Sections 15301 15303 of the CEQA Guidelines provide examples of projects that qualify for an exemption from the provisions of CEQA. The example from Section 15301 applicable to the Proposed Project is for "additions to existing structures provided that the addition will not result in an increase of more than (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (2) 10,000 square feet if: (A) the projectis in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive." The example from Section 15303 - 1 - PC2015-053 applicable to the Proposed Project is for "up to four ... commercial buildings [such as a store, motel, office, restaurant or similar structure] not exceeding 10,000 square feet in floor area on sites zoned for such use, if not involving the use of significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive." The Proposed Project would consist of a seven room, 2,160 square foot motel expansion. Therefore, the Proposed Project fits within both classes of projects and, pursuant to Sections 15301 (Existing Facilities) and 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, 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 hearing with respect to the request for Conditional Use Permit No. 2015-05779, does find and determine the following: 1. The request for a conditional use permit to expand an existing motel by adding seven rental units is properly one for which a conditional use permit is authorized by Section 18.08.030 (Uses) of the Code, subject to imposition of conditions of approval. 2. The conditional use permit, under the conditions imposed would not adversely affect the surrounding land uses and the growth and development of the area in which it is proposed to be located. The expansion of the motel combined with the existing motel is an appropriate use within the "C -G" General Commercial Zone; and 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 the particular area nor to the health, safety and general welfare of the public because the Property is currently improved with a motel and the proposed motel addition would be developed in a manner consistent with the existing motel; and 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 the number of vehicles entering and exiting the site are consistent with the existing motel use; and 5. The granting of the Conditional Use Permit No. 2015-05779 under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the subject site is developed with a motel and would continue to be compatible with the surrounding uses. 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 pertaining to the request for Variance No. 2015-05002 to allow a structural setback between the motel addition and the adjacent residential zone that is smaller than required by the Zoning Code should be approved for the following reasons: SECTION NO. 18.08.060.0101 Minimum Structural Setback: (20 -feet required; 10 -feet proposed) 1) There are special circumstances applicable to this Property pertaining to lot width. The lot is narrow in width which restricts the ability to fully comply with the required setback. Further, this setback area is proposed to have dense landscaping to provide a visual screen between the new single -story structure and the adjacent residential properties. - 2 - PC2015-053 2) That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because the property has unique site constraints, due to the width of the lot, that precludes the structural setback area from being increased to meet current Code requirements. The lot is narrow in width which restricts the ability to fully comply with the required setback. 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 pertaining to the request for Variance No. 2015-05002 to allow proposed parking spaces to encroach into the required landscape setback area adjacent to Anaheim Boulevard in order to construct a motel addition should be approved for the following reasons: SECTION NO. 18.08.060.020.0308 Permitted encroachment into required landscape setback: (Parking spaces not permitted; Parking spaces proposed) 1. That there are special circumstances applicable to this property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity because the width of the lot is smaller than other similar lots in the vicinity. 2. That the strict application of the Code would deprive the subject property of privileges enjoyed by other properties in the vicinity because the property has unique site constraints, due to the width of the lot, that precludes the front landscape setback area from being increased to meet current Code requirements while maintaining required parking and vehicular circulation areas. 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. 2015-05779 and Variance No. 2015-05002, are hereby approved, contingent upon and subject to the conditions of approval described in Exhibit B attached hereto, which are hereby found to be a necessary prerequisite to the proposed use of the Property under Conditional Use Permit No. 2015-05779 and Variance No. 2015-05002 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 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. -3 - PC2015-053 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 July 27, 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. CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 July 27, 2015, by the following vote of the members thereof. AYES: COMMISSIONERS: CALDWELL, DALATI, HENNINGER, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-053 APN: 035-095-07 EXHIBIT "A" DEV NO. 2015-00005 0 Em Source: Recorded Tract Maps and/or City GIS. FF.c-, Please note the accuracy is +I- two to five feet. -5 - PC2015-053 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05779 VARIANCE NO. 2015-05002 (DEV2015-00005) - 6 - PC2015-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT I Final architectural plans, including elevations, roof plans, fencing, Planning & Building and landscaping for the motel expansion building, shall be submitted Department, to Planning Department for review and approval. Planning Services Division 2 The legal property owner shall submit a Lot Line Adjustment for Public Works review and approval to merge the existing lots into one parcel. Department / Development Services 3 Landscape and Irrigation Plans for the parkway on Alberta Street Public Works shall be included in the project landscape plans for review and Department / approval. Development Services 4 The applicant shall submit a Water Quality Management Plan, as Public Works described in Drainage Area Management Plan for Orange County. Department / Said WQMP shall: Development ❑ Address Site Design Best Management Practices (BMPs) such as Services minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. ❑ Incorporate applicable Routine Source Control BMPs. ❑ Incorporate Treatment Control BMPs. ❑ Describe the long-term operation and maintenance, identifies the responsible parties, and funding mechanisms for the Treatment Control BMPs. 5 Red curb locations shall be clearly labeled on building plans. Public Works Department, Traffic Engineering 6 The legal property owner shall dedicate an easement, measured 53 Public Works feet from the centerline of Anaheim Boulevard (excluding the Department / existing structure up to the roof overhang), to the City of Anaheim Development for street right of wav in conformance to city code. The existing pole - 6 - PC2015-053 - 7 - PC2015-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT sign and parking stalls will be within the new right of way until Services street improvements are constructed at a future date. The Right of Way Easement Dedication application and Encroachment License application packages shall be submitted concurrently to Public Works, Real Property Section. The executed deed and Encroachment License must be approved prior to issuance of building permit. 7 The Owner shall contact the Water Engineering Division of the Public Utilities Anaheim Public Utilities Department to determine the need to Water Engineering install an approved backflow prevention assembly on the water service connection(s) serving the property behind property line and building setback in accordance with the requirements of the Water Engineering Division of the Anaheim Public Utilities Department. 8 The owner shall submit a set of improvement plans to the Water Public Utilities Engineering Division of the Anaheim Public Utilities Department Water Engineering for review and approval in determining the conditions necessary for providing water service to the project. 9 A private water system with separate water service for fire Public Utilities protection and domestic water shall be provided and shown on Water Engineering plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 10 All backflow equipment shall be located above ground outside of Public Utilities the street setback area in a manner fully screened from all public Water Engineering streets and alleys. Any backflow assemblies currently installed in a vault will have to be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division of the Anaheim Public Utilities Department 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. I I All requests for new water services, backflow equipment, or fire Public Utilities lines, as well as any modifications, relocations, or abandonments of Water Engineering existing water services, backflow equipment, and fire lines shall be coordinated and permitted through the Water Engineering Division of the Anaheim Public Utilities Department. 12 All existing water services and fire services shall conform to Public Utilities current Water Services Standard Specifications. Any water service Water Engineering and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing - 7 - PC2015-053 - 8 - PC2015-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 13 The owner shall submit to the Water Engineering Division of the Public Utilities Anaheim Public Utilities Department an estimate of the maximum Water Engineering fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 14 Individual water service and/or fire line connections will be Public Utilities required for each parcel or residential, commercial, industrial unit Water Engineering per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 15 Applicant shall contact the Water Engineering Division of the Public Utilities Anaheim Public Utilities Department for recycled water system Water Engineering requirements and specific water conservation measures to be incorporated into the building and landscape construction plans. PRIOR TO OCCUPANCY 16 The vending machine enclosure area adjacent to the motel office and "rider" planning & Building all unpermitted signs located on the pole sign shall be Department, removed. Code Enforcement Division OPERATIONAL CONDITIONS 17 Curbs adjacent to the drive aisles shall be painted red to prohibit Public Works parallel parking in the drive aisles. Department, Traffic Engineering 18 The parking areas shall be developed and maintained in Public Works conformance with Engineering Standard Details 436 and 470 Department, pertaining to parking standards. Traffic Engineering 19 A trash enclosure shall be constructed and maintained in in Public Works, accordance with City Standard Details. The bin in the enclosure Street & Sanitation/ must be located within 25 feet of the trash truck circulation path. Operations - 8 - PC2015-053 - 9 - PC2015-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 20 All exterior doors to have adequate security hardware, e.g. deadbolt Police Department locks. 21 All guest room doors to have adequate privacy locks and security Police Department hardware, e.g. deadbolt locks. 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. 22 Wide-angle peepholes or other viewing device shall be installed in Police Department solid doors where natural surveillance is compromised. This applies to all guest rooms. 23 Complete a Burglary/Robbery Alarm Permit application, Form APD Police Department 516, and return it to the Police Department prior to initial alarm activation. 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 24 File Emergency Listing Card, Form APD -281, with the Police Police Department Department, 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. This card should include on and off site property management contact information for regular business hours as well as emergency after hours contacts. 25 "No Trespassing 602(k) P.C." posted at the entrances of the Police Department parking lot. Signs must be at least 12" wide x 24" high in overall size, with white background and black 2" lettering. 26 Entrances to parking lot should be posted with appropriate signs Police Department per Section 22658(a) of the California Vehicle Code to assist in removal of vehicles at the property owner's/manager's request. 27 Address numbers shall be positioned so as to be readily readable Police Department from the street. Number shall be illuminated during hours of darkness. 28 All exterior doors shall have their own light source, which shall Police Department 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. - 9 - PC2015-053 - 10 - PC2015-053 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 29 Rooftop address numbers for the police helicopter. Minimum size Police Department 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. 30 Adequate lighting of circulation areas, aisles, passageways, Police Department recesses, and grounds contiguous to 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. GENERAL 31 The subject Property shall be developed substantially in accordance Planning & Building with plans and specifications submitted to the City of Anaheim by Department, the petitioner and which plans are on file with the Planning Planning Services Department marked Exhibit Nos. 1 through 7 ( Plan), and as Division conditioned herein. 32 The Applicant shall defend, indemnify, and hold harmless the City Planning & Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from Planning Services any and all claims, actions or proceedings brought against Division 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. 33 The applicant is responsible for paying all charges related to the Planning & Building processing of this discretionary case application within 30 days of Department, the issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 10 - PC2015-053