Resolution-PC 2016-032RESOLUTION NO. PC2016-032
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING VARIANCE NO. 2015-05028
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015-00081)
(2952 WEST LINCOLN AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the
"Planning Commission") did receive a verified petition to approve Variance No. 2015-05028 to
allow less parking spaces than required by the Zoning Code and reduced landscape and structural
setbacks (referred to herein as the "Proposed Project") at that certain real property located at
2952 West Lincoln Avenue 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 is currently developed with a retail building and is located in
the "C -G" General Commercial Zone. The Land Use Element of the Anaheim General Plan
designates this Property for "General Commercial" land uses; and
WHEREAS, all development within the "C -G" General Commercial Zone is subject to
the provisions of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zone) of the Anaheim
Municipal Code (the "Code"), which provides that the use of the Property as a retail use is
among the classes of uses permitted by right; and
WHEREAS, the Planning Commission did hold a public hearing on May 2, 2016 at 5:00
p.m. at the Civic Center in the City of Anaheim, 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. 2015-05028 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 (Title 14 of the California Code of Regulations; 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, this Planning Commission finds and determines that the Proposed Project is
within that class of projects, which consist of, among other things, the construction and location
of limited numbers of new, small facilities or structures. Section 15303 (New Construction or
Conversion of Small Structures) of the State CEQA Guidelines provides examples of projects
that qualify for an exemption from the provisions of CEQA. The one example that is applicable
to the Proposed Project is for "up to four... commercial buildings 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 meets the criteria of
Section 15303 of the CEQA Guidelines and, therefore, pursuant to said Section 15303, will not
cause a significant effect on the environment and is, therefore, categorically exempt from the
provisions of CEQA; and
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WHEREAS, this 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, including the request letter submitted by the applicant and observations made by
staff, does find and determine the following with respect to the request for a variance from the
on-site parking requirements of the Code:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(35 spaces required; 26 spaces proposed)
1. The variance for the Property, under the conditions imposed, will provide
sufficient parking on-site in that approximately 50 percent of the building square footage will be
dedicated to parts inventory racks, storage areas, exit corridors and restrooms that are not
accessible to the public. As such, the proposed number of onsite spaces would provide more
than the necessary amount of parking to accommodate all vehicles attributable to the proposed
use at the Property under the normal and reasonably foreseeable conditions of operation of such
use;
2. The variance for the Property, 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 longtime operational history of the proposed tenant (AutoZone) at
numerous other locations has demonstrated that the average demand for parking spaces required
during the typical peak period ranges from nine (9) to sixteen (16) spaces;
3. The variance for the Property, under the conditions imposed, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the Property because the amount of square footage dedicated to areas not accessible to
the public, coupled with the proposed tenant's demonstrated longtime parking demand history,
will adequately accommodate peak parking demand of the proposed use on the site;
4. The variance for the Property, under the conditions imposed, will not increase
traffic congestion within the off-street parking areas or lots provided for the Property because the
Property provides adequate ingress and egress points which are designed to allow for adequate
on-site circulation; and
5. The variance for the Property, 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 Property because the Property has existing ingress or egress access points that are
designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
Property.
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WHEREAS, this 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, does further find and determine the following with respect to the request for a
variance from the Code for reduced side yard structural and landscape setbacks:
SECTION NOS. 18.08.060.010.0101 AND Minimum landscape and structural setbacks
18.08.060.010.0102 (10 feet required; 5 feet proposed)
1. That there are special circumstances applicable to the Property, including size,
shape, location and surroundings, which do not apply to other property under the identical zoning
classification in the vicinity of the Proposed Project. The subject property has a width of 129.5
feet, a depth of 180 feet and a lot area of 0.5 acres, while all other lots in the immediate vicinity
have much larger lot widths and sizes. In addition, the proposed project will be required to
provide 12 feet of right-of-way dedication along Lincoln Avenue as well as a 25 -by -25 -foot
corner triangle right-of-way dedication for traffic visibility at the northeast corner of the project
site, thereby further reducing the developable area of the site.
2. That, because of these special circumstances, strict application of the Zoning
Code deprives the property of privileges enjoyed by other property under the identical zoning
classification in the vicinity because this lot is smaller than other surrounding C -G zoned
properties in the vicinity. This makes it difficult to meet all of the development standards while
providing adequate setbacks for the proposed use. Compliance with the required minimum
landscape and structural setbacks would also further reduce parking onsite. As proposed, the
project would include a new one-story building with heavy landscaping within the setback area
along both street frontages, including vertical landscaped trellises with climbing vines along the
building wall facing Laxore Street, thereby minimizing any potential visual impacts.
WHEREAS, this 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. This 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 that the Planning Commission does hereby
approve Variance No. 2015-05028, contingent upon and subject to the conditions of approval set
forth 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
and Building 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.
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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
May 2, 2016. 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.
CHAIR, 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 May 2, 2016, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, DALATI, LIEBERMAN, RAMIREZ,
SEYMOUR
NOES: COMMISSIONERS: CALDWELL, HENNINGER
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May, 2016.
SECRETARY, PLANNING COMMISSION
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EXHIBIT "A"
DEV NO. 2015-00081
APN: 126-602-33
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Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2015-05028
(DEV2015-00081)
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
All existing structures shall be demolished. The developer shall
Public Works,
obtain a demolition permit from the Building Division.
Development Services,
Building Division
2
The Owner shall submit a Final Drainage Study prepared by a
Public Works,
registered professional Civil Engineer in the State of California. The
Development Services
study shall be based upon and reference the latest edition of the
Orange County Hydrology Manual and the applicable City of
Anaheim Master Plan of Drainage for the project area. All drainage
sub -area boundaries per the Master Plan for Drainage shall be
maintained, including applicable off-site areas. The study shall
include an analysis of 10, 25, and 100 -year storm frequencies, an
analysis of all drainage impacts to the existing storm drain system
based upon the ultimate project build -out condition, and address
whether off site and/or on-site drainage improvements (such as
detention/retention basins or surface run-off reduction) will be
required to prevent downstream and upstream properties from
becoming flooded.
3
Any drainage above historical flow routed onto adjacent property
Public Works,
must be directed to a recorded private drainage easement. Applicant
Development Services
must provide a copy of the recorded document (i.e. letter of
acceptance of drainage, in a format acceptable to the City) to the
Engineering Department.
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
4
The legal property owner shall irrevocably offer in a signed deed to
Public Works,
dedicate to the City of Anaheim an additional easement of 12 feet
Development Services
from the existing right-of-way to its ultimate right-of-way of 65 -feet
from the centerline of Lincoln Avenue for road, public utilities, and
other public purposes.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
5
The project final WQMP shall be submitted for review and approval
Public Works,
and approved by the development services department of public
Development Services
works. The water quality management plan shall address the
following items:
• The WQMP shall include additional information such as soils
analysis, prior contamination, depth to groundwater, etc. to
determine the acceptability and capability of this site to use
infiltration.
• The criteria identified in the DAMP in order to allow infiltration
to occur on a site must be evaluated and deemed adequate for the
determination to be made to infiltrate onsite.
• The applicant shall obtain approval for infiltration from the City
and from the Orange County Water District. The City will
coordinate the review of this proposed infiltration system to obtain
comments.
• The WQMP and grading plans shall show that flows are conveyed
to the infiltration areas.
• The WQMP shall show the required pretreatment for any focused
infiltration. The pretreatment system may be landscape swales,
filter strips or bio -retention areas (rain gardens).
6
The developer shall post bonds for improvements in the public -right-
Public Works,
of way as approved by the City of Anaheim.
Development Services
7
Street improvement plans shall be submitted for improvements along
Public Works,
the frontage of Lincoln Ave and Laxore Street. Improvements shall
Development Services
conform to the City Standards and as approved by the City Engineer.
The developer shall improve the Lincoln Ave as follows: Sidewalk
shall be constructed at ultimate ROW, install landscaping and
irrigation between the new sidewalk and the existing curb. The
parkway irrigation shall be connected to the on-site irrigation
system. The developer shall improve the Laxore streets as follows:
Construct ADA access ramp, remove and replace any damaged
existing curb, gutter, tree wells and sidewalk, grind and cap the
existing pavement up to the street centerline within the frontage of
the parcel. Obtain a Right of Way Construction Permit from the
Development Services Division prior to commencing the work,
including the removal and replacement of the driveway, utility
installations and all the work within public right of way. A bond
shall be posted in an amount approved by the City Engineer and in a
form approved by the City Attorney.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
8
The Lot Line Adjustment shall be submitted for review and approval
Public Works,
to the City prior to issuance of the Building permit and recorded.
Development Services
PRIOR TO APPROVAL OF PLANS RELATED TO WATER ENGINEERING
9
All fire services 2 -inch and smaller shall be metered with a UL listed
Public Utilities,
meter, Hershey Residential Fire Meter with Translator Register, no
Water Engineering
equals.
10
That a private water system with separate water service for fire
Public Utilities,
protection and domestic water shall be provided and shown on plans
Water Engineering
submitted to the Water Engineering Division of the Anaheim Public
Utilities Department.
11
That all backflow equipment shall be located above ground outside
Public Utilities,
of the street setback area in a manner fully screened from all public
Water Engineering
streets and alleys. Any back flow 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 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.
12
That 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 Water Engineering Division of
the Anaheim Public Utilities Department.
13
That all existing water services and fire services shall conform to
Public Utilities,
current Water Services Standards Specifications. Any water service
Water Engineering
and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing
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.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
14
The Owner shall irrevocably offer to dedicate to the City of Public
Public Utilities,
Utilities Anaheim (i) an easement for all large domestic above-
Water Engineering
ground water Water Engineering meters and fire hydrants, including
a five (5) -foot wide easement around the fire hydrant and/or water
meter pad. (ii) a twenty (20) foot wide easement for all water service
mains and service laterals all to the satisfaction of the Water
Engineering Division. The easements shall be granted on the Water
Engineering Division of the Public Utilities Department's standard
water easement deed. The easement deeds shall include language
that requires the Owner to be responsible for restoring any special
surface improvements, other than asphalt paving, including but not
limited to colored concrete, bricks, pavers, stamped concrete,
decorative hardscape, walls or landscaping that becomes damaged
during any excavation, repair or replacement of City owned water
facilities. Provisions for the repair, replacement and maintenance of
all surface improvements other than asphalt paving shall be the
responsibility of the Owner and included and recorded in the Master
CC&Rs for the project.
15
That the developer/owner shall submit to the Public Utilities Public
Public Utilities,
Utilities Department Water Engineering Division an estimate of the
Water Engineering
Water Engineering maximum 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.
PRIOR TO APPROVAL OF PLANS RELATED TO ELECTRICAL ENGINEERING
16
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
Electrical Engineering
establish electrical service requirements and submit electric system
plans, electrical panel drawings, site plans, elevation plans, and
related technical drawings and specifications.
17
Prior to connection of electrical service, the legal owner shall
Public Utilities,
provide to the City of Anaheim a Public Utilities easement with
Electrical Engineering
dimensions as shown on the approved utility service plan.
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RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
18
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS
19
All required WQMP items shall be installed, operational and
Public Works,
inspected by the City.
Development Services
20
All required public street, landscaping, irrigation, sewer and
Public Works,
drainage improvements shall be constructed and are subject to
Development Services
review and approval by the Construction Services inspector.
DURING OPERATIONS
21
That ongoing during project operations, deliveries including all
Public Works,
loading and unloading shall be performed on site. Delivery vehicles
Traffic Engineering
shall not block any part of the public right of way.
GENERAL
22
The Applicant shall defend, indemnify, and hold harmless the City
Planning Department
and its officials, officers, employees and agents (collectively referred
to individually and collectively as "Indemnitees") from 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.
23
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of
planning Department
the issuance of the final 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 required permits or
may result in the revocation of the approval of this application.
24
The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
Planning Department
applicant and which plans are on file with the Planning and Building
Department.
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