Resolution-PC 2016-033RESOLUTION NO. PC2016-033
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING
VARIANCE NO. 2016-05062
(DEV2016-00013)
(626 NORTH PAULINE STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission")
did receive a verified petition for Variance No. 2016-05062 to permit less parking spaces than
required by the Anaheim Municipal Code (the "Code") (herein referred to as the "Proposed Project")
for that certain real property located at 626 North Pauline Street 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, approximately 0.29 -acre in size, is developed with a ten unit
transitional housing facility for homeless families with a separate detached six -car garage, office,
and storage building. The Property is located within the "R -M" Residential -Medium land use
designation of the Anaheim General Plan and in the " RM -4" Multiple Family Residential Zone and
is subject to the zoning and development standards contained in Chapter 18.06 (Multiple -Family
Residential Zones) of the Code; and
WHEREAS, while subsection .040 of Section 18.42.030 (Residential Parking Requirements)
of Chapter 18.42 (Parking and Loading) of the Code requires a minimum of twenty off-street
parking spaces for the Proposed Project, which exist upon the Property, the applicant has requested
that it be reduced to nine parking spaces including six enclosed garage spaces and three open parking
spaces; 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. 2016-05062 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, 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 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing public or private structures, facilities, mechanical equipment, or topographical
features, 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
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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 Proposed Project, including the request letter submitted by the applicant and
observations made by staff, does further find and determine the following:
SECTION NO. 18.42.030.020 Minimum number ofap rking spaces
(20 spaces required; 9 spaces proposed)
1. The variance for the Property, under the conditions imposed, will provide sufficient
parking on-site in that over 50 percent of the resident families do not possess vehicles due to
financial hardship and the. As such, the proposed number of on-site 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 operational history of the existing transitional housing use has
demonstrated that the average demand for parking spaces required during the typical peak period
ranges from four to seven 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 off -set demand of two spaces for employees during normal business
hours while resident families are typically off-site, coupled with the existing transitional housing
facility's demonstrated 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 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 from the
abutting alley 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 alley in the immediate
vicinity of the Property.
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.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2016-05062 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.
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 (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 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.
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.
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.
CHAI , PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
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SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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, CALDWELL, DALATI, HENNINGER,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of May, 2016.
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SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00013
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APN: 035-166-01
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Source: Recorded Tract Maps and/or City GIS,
F, Please note the accuracy is +/- two to five feet.
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EXHIBIT `B"
VARIANCE NO. 2016-05062
(DEV2016-00013)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
Residents and employees shall not be permitted to maintain more
Planning and Building
than the allotted nine (9) personal vehicles on the premises or while
Department,
residing at the facility.
Code Enforcement
Division
2
Within 30 days of the date of this resolution, the name and
Planning and Building
telephone number of the on-site manager shall be provided to the
Department,
Code Enforcement Division of the Planning Department. The
Code Enforcement
owner can contact the Code Enforcement Division at (714) 765-
Division
5158 to coordinate this contact information. Any staffing changes
to this position shall be reported to the Code Enforcement
Division within 30 days.
3
Within 60 days from the date of this resolution, the property
Planning and Building
owner shall obtain all necessary building permits for the
Department
conversion of the four garage spaces into office and storage, as
well as the unpermitted air conditioning equipment on the roof of
the office. Said equipment shall comply screening requirements
in the Zoning Code.
4
Conditions of approval related to each of the timing milestones
Planning and Building
above shall be prominently displayed on plans submitted for
Department
permits. For example, conditions of approval that are required to
be complied with prior to the issuance of building permits shall be
provided on plans submitted for building plan check. This
requirement applies to building permits, grading permits, street
improvement plans, water and electrical plans, landscape irrigation
plans, and fire and life safety plans, etc.
5
The Applicant is responsible for paying all charges related to the
Planning and 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 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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
The Applicant shall defend, indemnify, and hold harmless the
Planning and Building
City and its officials, officers, employees and agents (collectively
Department
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.
7
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department
applicant and which plans are on file with the Planning
Department and as conditioned herein.
8
The owner of the subject property shall execute an
Planning and Building
unsubordinated covenant in a form acceptable to the Planning
Department
Director and the City Attorney (or their authorized
representatives) which provides that, in the event that the subject
property is no longer used as a transitional housing facility
pursuant to the terms and conditions of Variance No. 2016-05062,
the then owner of the subject property shall do all things deemed
necessary and appropriate by the Planning Director to have the
subject property and all buildings located thereon comply with the
standards and requirements of the Anaheim Municipal Code then
in effect that are consistent with allowable uses established for the
zoning classification in which the subject property is located,
including the obtainment of all permits deemed necessary for the
completion of any and all modifications to the buildings
necessary to meet all applicable requirements and the
performance of all such modifications to the satisfaction of the
Planning Director. A copy of the recorded covenant shall be
submitted to the Planning Services Division.
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