Resolution-PC 2017-054OLUTION NO. PC2017-054
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05920
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00030)
(505-555 NORTH EUCLID STREET AND
536 NORTH FAIRHAVEN STREET)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2017-05920 to exceed
the maximum floor area ratio allowed by the Zoning Code for premises located at 505-555 North
Euclid Street and 536 North Fairhaven 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 is approximately 3.22 -acres in size and is currently developed
with a 17 -unit senior apartment building, a 65,000 square foot office building, and an 11,000
square foot bank. The Land Use Element of the Anaheim General Plan designates the Property
for Mixed Use land uses. The property is located within the "C -G" General Commercial Zone.
As such, the Property is subject to the zoning and development standards described in Chapter
18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code").
WHEREAS, if approved, Conditional Use Permit No. 2017-05920 will allow for an
increased floor area ratio for Parcel 1 (0.93) and Parcel 3 (1.04), as set forth in Sections 18.08.045
(Floor Area Ratio) of the Code; and
WHEREAS, on June 12, 2017, the Planning Commission did hold a public hearing 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
Anaheim Municipal Code (the "Code"), to hear and consider evidence for and against said
proposed Conditional Use Permit No. 2017-05920 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, by the adoption of a resolution concurrently with, but prior in time to, the
adoption of this Resolution, this Planning Commission found and determined that the Proposed
Project is within that class of projects which consist of existing facilities and in -fill development
meeting the conditions described in Section 15301 and 15332 of the CEQA Guidelines and 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 pertaining to the request for Conditional Use Permit No. 2017-05920, and in accordance
with Section 18.08.045 (Floor Area Ratio) of the Code, does find and determine that all of the
following conditions exist:
1. An increase in the maximum floor area ratio is permitted subject to the approval of a
conditional use pen -nit as authorized by Section 18.08.045.
2. The proposed request to permit a floor area ratio that exceeds the pennitted 0.5 F.A.R.
would not adversely affect the adjoining land uses, or the growth and development of the area in
which it is proposed to be located because no expansion of existing uses are proposed on site.
Since no development is proposed, the proposed project would not have an adverse effect on the
existing infrastructure in the area nor to adjacent residential and commercial uses; and
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to either the particular area or health and safety
because no modification or expansion is proposed.
4. The traffic generated by the Proposed Project would not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
no modification or expansion is proposed; therefore, the Proposed Project will not exceed the
anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to
accommodate the future uses; and
5. The granting of the conditional use permit will not be detrimental to the health and
safety of the citizens of the City of Anaheim because the Proposed Project would not result in a
modification or expansion of the existing uses on site; and
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 that the Planning Commission does hereby
approve Conditional Use Permit No. 2017-05920 contingent upon and subject to the conditions of
approval set forth in Exhibit B attached hereto and incorporated herein by this reference
("Conditions of Approval").
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BE IT FURTHER RESOLVED that the Conditions of Approval, as they relate to the uses
permitted under Conditional Use Permit No. 2017-05920 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, (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 Conditional Use Pen -nit No. 2017-05920 are
approved without limitations on the duration of the use. Amendments, modifications and
revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment
of Permit Approval) and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the
Code.
BE IT FURTHER RESOLVED that approval Conditional Use Permit No. 2017-05920
constitutes approval of the proposed request only to the extent that they comply with the Zoning
Code of the City of Anaheim 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 12, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Code pertaining to appeal procedures and may be replaced by a resolution of
the City Council in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
r
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 June 12, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: CARBAJAL
IN WITNESS WHEREOF, I have hereunto set my hand this 12`i' day of June, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN. 072-211-13
072-21141 EXHIBIT "A"
072 -?11-42
072-211-39
072-211-22
072-211-24 DEN! NO. 2017-00030
072-211-23
072-211-40
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2017-05920
(DEV2017-00030)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
1
The applicant is responsible for paying all charges related to the
Planning and
processing of this discretionary case application within 30 days of the
Building Department
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.
2
The Property shall be developed substantially in accordance with
Planning and
plans and specifications submitted to the City of Anaheim by the
Building Department
applicant and which plans are on file with the Planning Department
and as conditioned herein.
3
The Applicant shall defend, indemnify, and hold harmless the City
Planning and
and its officials, officers, employees and agents (collectively referred
Building Department
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.
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