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Resolution-PC 2015-100RESOLUTION NO. PC2015-100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05043 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00104) (558 SOUTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition for Variance No. 2015-05043 to permit less parking spaces than required by the Zoning Code for a proposed endodontic dental office (herein referred to as the "Proposed Project") for certain real property located at 558 South Harbor 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 one parcel, is currently developed with a two story office building. The Anaheim General Plan designates the Property for Low Density Residential land uses. The Property is located in the "O -L" Low -Intensity Office, meaning that the regulations contained in Chapter 18.08 (Commercial Zone) of the Anaheim Municipal Code (the "Code") shall apply; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 14, 2015 at 5:00 p.m. and 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. 2015-05043 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 I — 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. Since the Proposed Project consists of no expansion or modification of the existing office building, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and - 1 - PC2015-100 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. 2015-05043 to allow the operation of an endodontic dental office with fewer parking spaces than required by code, should be approved for the following reasons: SECTION NO. 18.42.040 Minimum Number of Parking_ Spaces. (27 spaces required: 18 spaces proposed) 1. The Proposed Project will not cause fewer off-street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate an endodontic dental office on the Property. Based upon a parking analysis submitted by the applicant, the existing 18 on-site parking spaces can accommodate all vehicles attributable to the proposed use within the office building under the normal and reasonably foreseeable conditions of operation each and all of the uses. 2. The requested parking variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property. A patient log and a letter of operation were submitted to justify the requested variance. The letter states that there will be a maximum of seven people in the office at any time during regular business hours. This demand is based on patient logs that were taken for three days at the current location of the applicant's endodontic dental office in the City of Garden Grove. This business is a specialized dental office that schedules a maximum of eight patients per day by appointment only. 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property in that the applicant has provided an analysis of the existing dental office during peak hours which show that a majority of the parking stalls were not used. 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the Property because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property in that assessments taken during peak hours have shown that additional parking remains available. Therefore, the proposed endodontic dental office will not increase the demand and competition for parking spaces upon the public streets and in the immediate vicinity. 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. - 2 - PC2015-100 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2015-05043, 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 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. 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 December 14, 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. CHAIRMAN PRO -TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2015-100 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 December 14, 2015, by the following vote of the members thereof- AYES: hereof AYES: COMMISSIONERS: BOSTWICK, CALDWELL, DALATI, HENNINGER, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: LIEBERMAN 2015. IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of December, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2015-100 EXHIBIT "A" DEV NO. 2015-00104 [APN: 036-211-23 g g8 O 'O toG 0 gg, V� W PSER 5A ig O 70 03 L O Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +l- two to five feet. - 5 - PC2015-100 EXHIBIT "B" VARIANCE NO. 2015-05043 (DEV2015-00104) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the business premises or on any adjacent Planning and Building area under the control of the business owner shall be removed or painted over Department, within 24 hours of being applied or discovered by the business owner. Code Enforcement Division 2 The business shall be operated in accordance with the Letter of Request Planning and Building submitted as part of this application. Any changes to the business operation, as Department, described in that document, shall be subject to review and approval by the Planning Director to determine substantial conformance with the Letter of Planning Services Request and to ensure compatibility with the surrounding uses. In addition, any Division leasing of additional office space within the building shall also be subject to review and approval of the Planning Director to determine substantial conformance with this permit. GENERAL CONDITIONS 3 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to individually Department, and collectively as "Indemnities") from any and all claims, actions or Planning Services proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities concerning this permit or any of the Division 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 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. 4 The applicant is responsible for paying all charges related to the processing of Planning and Building this discretionary case application within 30 days of the issuance of the final Department, 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 planning Services required permits or may result in the revocation of the approval of this Division application. 5 The subject Property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the petitioner and which Department, plans are on file with the Planning Department, and as conditioned herein. Planning Services Division - 6 - PC2015-100