Loading...
Resolution-PC 2017-012RESOLUTION NO. PC2017-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE NO. 2016-05082 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00057) (1853 WEST BALL ROAD AND 944 SOUTH NUTWOOD STREET) WHEREAS, by the adoption of its Resolution No. PC75-66 on March 31, 1975, and subject to certain conditions of approval (herein referred to as the "Original Conditions of Approval"), the Planning Commission of the City of Anaheim (the "Planning Commission") approved Conditional Use Permit 1525 (the "Original CUP"), which permitted the construction of a church facility on that certain real property located at 1853 West Ball Road in the City of Anaheim (the "Church Parcel"). The Church Parcel and the "Adjacent Parking Parcel" (as defined below) are generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Conditional Use Permit No. 1525A is proposed in conjunction with proposed Variance No. 2016-05082 to permit an off-site parking lot with a reduced landscaped setback on that certain real property located adjacent to the Church Parcel and commonly known as 944 South Nutwood Street (hereafter referred to as the "Adjacent Parking Parcel") to accommodate additional parking for the church facility. Conditional Use Permit No. 1525A and Variance No. 2016-05082 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Church Parcel is approximately 2.5 acres in size and is currently occupied with a church facility. The Adjacent Parking Parcel is approximately 0.35 acres in size and is currently vacant. Both parcels are located in the "C -G" General Commercial Zone and are subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"). The Anaheim General Plan designates both parcels for Residential Low -Medium Density land uses; and WHEREAS, the Planning Commission did hold a public hearing on January 23, 2017 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 Conditional Use Permit No. 1525A and Variance No. 2016-05082 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 the Implementation of the California Environmental Quality Act (commencing with Section 15000 of 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 - 1 - PC2017 -012 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 11 — Accessory Structures) which consist of the construction, or placement of minor structures accessory to existing commercial, industrial, or institutional facilities. Section 15311 of the CEQA Guidelines provides examples of projects that qualify for an exemption from the provisions of CEQA, one of which being small parking lots. Since the Proposed Project consists of the expansion of the existing parking lot to an adjacent off-site vacant property, the Proposed Project 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. 1525A, does find and determine the following: 1) That the proposed use is properly one for which a conditional use permit is authorized by this code as a substantive change to the approved site plan is proposed is permitted under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of the Code. 2) That the proposed use will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located in that the new parking lot expansion will be accessory to an existing church facility and the existing 6 foot block wall along the northern property will remain; therefore, no visual change is proposed. The church does not propose to expand or modify the current church operations; therefore, no impact to the surrounding area will occur as a result of the expansion of the existing church parking lot. 3) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use, in a manner not detrimental to either the particular area or health and safety in that the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular are, in that the design proposed is adequate to ensure a seamless extension of the existing parking lot on the adjacent property and therefore it is not anticipated to adversely affect development of the area. 4) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding street; and 5) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim in that that the church does not propose to increase the intensity of the existing use, but rather provide additional parking to meet the existing demand. - 2 - PC2017 -012 WHEREAS, based upon the request letter submitted by the applicant and observations made by staff, the Planning Commission does further find and determine that the request for Variance No. 2016-05082 for reduced landscape setbacks should be approved for the following reasons: SECTION NO. 18.08.060.010.0101 Minimum landscaped setback. (10 feet required; 0 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 102 feet, a depth of 150 feet, and a lot area of 0.35 acres, which makes the subject property narrower and smaller than the other C -G zoned lots in the immediate vicinity, which restricts development opportunities on the property. In addition, the applicant proposes to fully landscape the parking lot and front landscape setback which would provide significantly more landscaping than what exists on the site currently. 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 size is narrower and smaller than other surrounding C -G zoned properties in the vicinity. This snakes it difficult to meet all of the development standards while providing adequate setbacks for the parking lot expansion. Compliance with the required minimum landscape setback along the northern property line would significantly reduce the number of potential parking spaces added. As proposed, the project would include new a parking lot and landscape planters with clinging vines along the existing 6 -foot high block wall along the northern and southern property lines. 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 Conditional Use Permit No. 1525A and Variance No. 2016-05082 contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"); and BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution and the effective date of the resolution approving Conditional Use Permit No. 1525A and Variance No. 2016-05082, now pending, the Revised Conditions of Approval hereby amend the Original Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP, as amended by Conditional Use Permit No. 1525A, shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 1525A; and -3 - PC2017 -012 BE IT FURTHER RESOLVED that the Revised Conditions of Approval, as they relate to the uses permitted under the Original CUP, as amended by Conditional Use Permit No. 1525A, are hereby found to be a necessary prerequisite to the proposed use of the Church Parcel and the Adjacent Parking Parcel 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 associated with Conditional Use Permit No. 1525A and Variance No. 2016-05082 may be granted in accordance with Section 18.60.170 of the Code. Timing for compliance with conditions of approval associated with Conditional Use Permit No. 1525A and Variance No. 2016-05082 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 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 January 23, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: r SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017 -012 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 January 23, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE 2017. IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2017 -012 EXHIBIT "A" DEV NO. 2016-00057 APN: 128-291-39 a W BEACON AVE 128-291-38 x° Uj W N H N Q O 3 C z N 632' N O 150' N N � v N Y 482' a __j W BALL RD O0 so 100 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. - 6 - PC2017 -012 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 1525A AND VARIANCE NO. 2016-05082 (DEV2016-00057) NO. CONDITIONS OF APPROVAL RESPONSIBLEDEPARTMENT PRIOR TO THE ISSUANCE OF A BUILDING/GRADING PERMIT 1 That all backflow equipment shall be located above ground outside of Public Utilities Department, 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 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. 2 That all requests for new water services, backflow equipment, or fire Public Utilities Department, 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. 3 That all existing water services and fire services shall conform to Public Utilities Department, 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 is 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. 4 That individual water service and/or fire line connections will be Public Utilities Department, required for each parcel or residential, commercial, industrial unit per Water Engineering Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 5 Owner shall install an approved backflow prevention assembly on the Public Utilities Department, water service connection(s) serving the property, behind property line Water Engineering and building setback in accordance with Public Utilities Department Water Engineering Division requirements. OPERATIONAL CONDITIONS The driveway gate shall remain open during business hours. Public Works Department, , L Traffic Engineering - 7 - PC2017 -012 - 8 - PC2017 -012 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT GENERAL CONDITIONS 7 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department, to individually and collectively as "Indemnitees") from any and all planning Services Division 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. 8 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 Planning Services Division 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. 9 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 and Building Planning Services Division Department. - 8 - PC2017 -012