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Resolution-PC 2015-050RESOLUTION NO. PC2015-050 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO VARIANCE NO. 2690 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00031) (3203 WEST CABOT DRIVE) WHEREAS, on April 14, 1975, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim ("Planning Commission"), by Resolution No. PC 75-77, approved Variance No. 2690 (herein referred to as the "Original VAR") to retain an apartment in a converted garage on premises located at 3203 West Cabot Drive, County of Orange, State of California (the "Property"). The Property is generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference. The conditions of approval which were the subject of the Original VAR shall be referred to herein collectively as the "Previous Conditions of Approval"; and WHEREAS, the Planning Commission did receive a verified petition to amend the Original VAR to retain an apartment in a converted garage (herein referred to as the "Proposed Project"), pursuant to Section 18.60.190 (Amendment of Permit Approval) of the Anaheim Municipal Code ("Code"). Said amendment is designated as Variance No. 2690A; and WHEREAS, the Property, consisting of approximately 0.2 acres, is currently developed with an apartment building. The Anaheim General Plan designates the Property for Medium Density residential land uses. The Property is located in the "RM -4" Multiple -Family Residential Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.06 (Multiple -Family Residential Zones) of the Code; and WHEREAS, this 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 Variance No. 2690A 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 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 the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2015-050 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. 2690A to retain an apartment in a converted garage should be approved for the following reasons: 1. The requested variance is hereby approved because there are special circumstances applicable to the Property since the apartment unit converted from a garage was constructed prior to the purchase of the Property and the circumstances surrounding its current use are similar to those under which the Original VAR was granted, i.e., the development standards that were originally waived are the same, or less restrictive, than current Zoning Code requirements. 2. Strict application of the Code would deprive the Property of privileges enjoyed by other properties under the identical zoning classification in the vicinity because other properties in the area have less parking than required by the Zoning Code and apartment units that do not meet the minimum floor area. 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 Variance No. 2690A is hereby approved, thereby amending the Original VAR for the Property to retain an apartment in a converted garage at the Property described in the application. 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 VAR and this Variance No. 2690A shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original VAR, as amended by Variance No. 2690A, 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(s), (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 2 - PC2015-050 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 July 27, 2015. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals — Planning Commission Decisions) of 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. Y CHAIRMAN, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: ' r SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2015-050 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, LIEBERMAN, HENNINGER, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: DALATI ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 27`t' day of July, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-050 EXHIBIT "A" DEV NO. 2015-00031 W CABOT DR Feet ON Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2015-050 80' Fo o N 77' W CABOT DR Feet ON Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 5 - PC2015-050 EXHIBIT "B" VARIANCE NO. 2690A (DEV2015-00031) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 That within 60 days of the date of adoption by the Planning Planning & Building Commission of the Resolution to which this condition is Department, attached, the legal property owners shown on the application for Planning Services the entitlement to which this Resolution applies (the "Owners") Division shall execute a Covenant and Agreement in a form approved by the City Attorney, permitting the continued use and occupancy of the garage on the Property for residential purposes until the earlier to occur of. (a) the third anniversary of the date of recordation of this Covenent and Agreement in the Official Records of the County or Orange, State of California, or (b) occurrence of a "Transfer". "Transfer" shall mean and include any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property, or any portion thereof, or any agreement to do so. "Transfer" shall include: (i) a transfer by devise, inheritance or intestacy to a party other than to the surviving Owner; (ii) the creation of a life estate; (iii) the creation of a joint tenancy interest or a tenancy -in -common interest by the Owners or either of them with someone other than the current Owners; (iv) a gift of all or any portion of the Property; (v) any voluntary conveyance of the Property; (vi) any interest in the Property that vests in persons other than the Owners when a revocable trust becomes irrevocable; (vii) a transfer of any interest in the Property between the Owners and any other person, corporation, partnership or other legal entity; or (viii) the purchase or transfer of the Property or any interest therein between the Owners and their children. Upon review and approval by the City Attorney, said Covenant and Agreement shall be recorded in the Official Records of the County of Orange at the Owners' cost. 2 The Applicant shall defend, indemnify, and hold harmless the Planning & Building City and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnities") from Planning Services any and all claims, actions or proceedings brought against Division 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 - 6 - PC2015-050 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 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. 3 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. 4 The subject Property shall be developed substantially in Planning & Building accordance with plans and specifications submitted to the City of Department, Anaheim by the petitioner and which plans are on file with the Planning Services Planning Department, and as conditioned herein. Division - 7 - PC2015-050