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Resolution-PC 2018-014RESOLUTION NO. PC2018-014 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING VARIANCE NO. 2018-05099 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00049) (545 NORTH EUCLID STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified application for Variance No. 2018-05099 to permit front landscape and structural setbacks less than required by the Anaheim Municipal Code (the "Code") to allow for the construction of a new bank building with a drive-through lane (collectively referreded to herein as "Proposed Project") on certain real property located at 545 North Euclid 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 Proposed Project is located on a 0.44 acre parcel that is integrated into a larger 3.4 acre commercial center which is currently developed with a six -story office building, a bank, and a senior apartment complex. The Property is located in the "C -G" General Commercial, "MU" Mixed -Use Overlay zone. The Property is designated on the Land Use Element of the General Plan for "Mixed Use" land uses; and WHEREAS, on March 5, 2018, 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 Code, to hear and consider evidence for and against the Proposed Project 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 "projects", as that term is defined in Section 15378 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 3 — New Construction) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 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 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 to construct a new bank with a drive-through lane with front setbacks that are less than required by the Code, has determined that Variance No. 2018-05099 should be approved for the following reasons: - 1 - PC2018-014 SECTION NO. 18.08.060.010 Minimum front landscaping and structural setbacks along Euclid Street. (15 feet required; 8'-5" to 19'-8 structural setback and 12'-6" to 16'-6" landscape setback 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 because the small size, unique shape and shallow depth of the Property, including the dedication of seven feet for the widening of Euclid Street, substantially limits developable areas that could accommodate a reasonably sized commercial building with a drive-through lane. In addition, the Project is designed in a manner that is sensitive to the adjacent properties by providing a front setback area with new landscaping, which is significantly more landscaping along Euclid Street than what exists on the site currently. In addition, the existing bank and six -story office building within the commercial center are located much closer to the existing property line than the proposed bank building; therefore, the proposed variance will not negatively impact the streetscape along Euclid Street in immediate vicinity. 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 due to the limited developable area, specifically the narrow depth of the property. 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, pursuant to the above findings, this Planning Commission, for the reasons hereinabove stated, does hereby approve Variance No. 2018-05099 subject to the conditions of approval described in Exhibit B attached hereto and incorporated by this reference which are hereby found to be a necessary prerequisite to the proposed use of the subject 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. - 2 - PC2018-014 BE IT FURTHER RESOLVED that amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code and 18.60.200 (City -Initiated Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED that the Anaheim City 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 March 5, 2018. 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. 10�a� - CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2018-014 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 March 5, 2018, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: GILLESPIE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 5�h day of March, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-014 EXHIBIT "A" DEV NO. 2017-00049 APN: 072-211-40 Existing Commercial Center Boundary W CRESCENT AVE O J L � LnW 00 W Z 3 � Y Q K = Q � a Q Z z fl EO � N 84' W WESTMONT DR a Q O a z Q Z H _O J U W Z Qv� Source: Recorded Tract Maps and/or City GIS. =e=r Please note the accuracy is +I- two to five feet. - 5 - PC2018-014 EXHIBIT "B" VARIANCE NO. 2018-05099 (DEV2017-00049) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 The minimum required parking shall be provided for the subject 3.4 acre Planning and Building commercial center at 505-555 North Euclid Street, as shown on Exhibit A, Department, Planning by complying with one of the following requirements: Services Division and a. The 100 space auxiliary parking lot located south of Westmont Drive, Public Works as approved under Conditional Use Permit No. 2013-05718, shall be Department, constructed and operational to serve the subject 3.4 acre commercial Development Services center at 505 — 555 North Euclid Street, as shown on Exhibit A. The Division legal property owner shall submit to the City for review and approval a Reciprocal Easement Agreement (REA) between all parcels within the commercial center and the auxiliary parking lot located south of Westmont Drive as described above, for the purposes of shared access, maintenance, and parking. The REA (i) must run with the land in perpetuity, (ii) shall inure to the benefit of, and be enforceable by, the City by any legal or equitable means against any person or persons in actual possession of the properties who directly or through any agent violate the terms hereof; and (iii) shall not be modified, supplemented or amended without the City's prior written consent. The REA shall be reviewed and approved by the City Attorney prior to its execution and recordation in the Official Records of the County of Orange. The REA shall be recorded prior to issuance of the grading permit for the Proposed Project. A copy of the recorded covenant shall then be submitted to the Planning Department. The covenant shall be referenced in all deeds transferring all or any part of the interest in the property; OR b. The property owner or the developer shall demonstrate that a minimum of 271 parking spaces are available either on-site and/or off-site to serve the subject 3.4 acre commercial center in compliance with all requirements of the Chapter 18.42 of the Zoning Code and to the satisfaction to the Planning and Building Director or his/her designee. If off-site parking is utilized in lieu of constructing said auxiliary parking lot and providing an REA prior to issuance of the grading permit, the legal property owners of the existing commercial center and the parcel utilized for off-site parking shall submit to the City for review and approval a Shared Parking Agreement between all parcels within the commercial center and such off-site location, for the purposes of shared parking. Such agreement (i) must run with the land until the auxiliary parking lot located south of Westmont - 6 - PC2018-014 - 7 - PC2018-014 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT Drive is constructed and the REA for the auxiliary parking lot referenced in (a) above has been recorded; and, ii) shall inure to the benefit of, and be enforceable by, the City by any legal or equitable means against any person or persons in actual possession who directly or through any agent violate the terms hereof, and (iii) shall not be modified, supplemented or amended without the City's prior written consent. The Shared Parking Agreement shall be reviewed and approved by the City Attorney prior to its execution and recordation in the Official Records of the County of Orange. The Shared Parking Agreement shall be recorded prior to issuance of the grading permit for the Proposed Project. A copy of the recorded Shared Parking Agreement shall be submitted to the Planning Department. The Shared Parking Agreement shall be referenced in all deeds transferring all or any part of the interest in the property. The Shared Parking Agreement will terminate upon construction of auxiliary parking lot located south of Westmont Drive and the recordation of the REA for the auxiliary lot, which must occur prior to the new building being occupied. 2 The final Water Quality Management Plan (WQMP) shall be submitted for Public Works review and approval to the Public Works Development Services Division Department, and comply with the most current requirements of the Orange County Development Services Drainage Area Management Plan (DAMP). Any required BMPs within the Division ROW shall be maintained by the property owner. 3 If more than one (1) acre of soil will be disturbed with the other on-site Public Works improvements, the applicant shall demonstrate that coverage has been Department, obtained under California's General Permit for Stormwater Discharges Development Services Associated with Construction Activity by providing a copy of the Notice of Division Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review upon -request. - 7 - PC2018-014 - 8 - PC2018-014 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 4 The property owner or the developer shall submit project improvement plans Public Works that incorporate the required drainage improvements and the mechanisms Department, proposed in the approved Final Drainage Report. Post -development storm Development Services event run-off shall be less than or equal to the existing pre -development storm Division event run-off. No off-site run-off shall be blocked during and after grading operations or perimeter wall construction. Finish floor elevations shall be 1 -ft. minimum above water surface elevations of 100 -year storm event. Run-off shall not be diverted and any proposed improvements shall prevent downstream properties from becoming flooded. The Final Drainage report shall address the drainage velocity on the new on-site improvements and potential impacts to the existing drainage system. Also, the plans shall show that all concentrated flow shall be contained within an approved drainage device and preserve the existing flows and manner drainage is conveyed downstream. Any inlets in sump condition shall be designed to capture Q25 and a secondary emergency outlet for the sump condition is required to provide a minimum of 1 -ft. freeboard between the maximum water surface elevation and minimum finish floor elevation. The emergency outlet must direct overflows to either an adequate downstream street or natural conveyance system. 5 A Cross -Lot Drainage Agreement is required to be executed, approved by Public Works the City and recorded by the applicant on the properties for cross -lot drainage Department, if one does not exist already. Development Services Division 6 A signed and notarized Right -of -Entry shall be provided for all work that Public Works will be performed in the neighboring properties under different ownership. Department, Development Services Division 7 That the developer/owner shall submit a set of improvement plans for Public Public Utilities Utilities Water Engineering review and approval in determining the Department, conditions necessary for providing water service to the project. Water Engineering Division PRIOR TO ISSUANCE OF A BUILDING PERMIT 8 The Parcel Map 2017-112 shall be approved and recorded. Public Works Department, Development Services Division 9 The maintenance covenant required as part of the Parcel Map 2017-112 shall Public Works be amended and approved by the City Attorney's Office. The covenant shall Department, include provisions for maintenance of new/modified private facilities and Development Services private utilities, including compliance with the project's approved Water Division Quality Management Plan and a maintenance exhibit. Maintenance responsibilities shall include parkway landscaping and irrigation, private utilities, private drives, WQMP BMPs, etc. The covenant shall be recorded in the Office of the Orange County Recorder. - 8 - PC2018-014 - 9 - PC2018-014 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 10 Locations for future above -ground utility devices including, but not limited Planning and Building to, electrical transformers, water backflow devices, gas, communications and Department, cable devices, etc., shall be shown on plans submitted for building permits. Planning Services Plans shall also identify the specific screening treatments of each device (i.e. Division landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 11 Final landscaping plans in compliance with all Code requirements shall be Planning & Building submitted for review and approval by the Planning Department. Department, Landscaping shall be installed prior to the issuance of a Certificate of Planning Services Occupancy. 12 Prior to approval of permits for improvement plans, the property Public Utilities owner/developer shall coordinate with Electrical Engineering to establish Department, electrical service requirements and submit electric system plans, electrical Electrical Engineering panel drawings, site plans, elevation plans, and related technical drawings Division and specifications. 13 That a private water system with separate water service for fire protection Public Utilities and domestic water shall be provided and shown on plans submitted to the Department, Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering Division 14 That all backflow equipment shall be located above ground outside of the Public Utilities street setback area in a manner fully screened from all public streets and Department, alleys. Any backflow assemblies currently installed in a vault will have to be Water Engineering brought up to current standards. Any other large water system equipment Division 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. 15 That all requests for new water services, backflow equipment, or fire lines, Public Utilities as well as any modifications, relocations, or abandonments of existing water Department, services, backflow equipment, and fire lines, shall be coordinated and Water Engineering permitted through Water Engineering Division of the Anaheim Public Division Utilities Department. 16 That all existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or fire line Department, that does not meet current standards shall be upgraded if continued use is Water Engineering necessary or abandoned if the existing service is no longer needed. The Division owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. - 9 - PC2018-014 - 10 - PC2018-014 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 17 That the developer/owner shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and Department, maximum day and peak hour water demands for the project. This Water Engineering information will be used to determine the adequacy of the existing water Division 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.1 of the Water Utility Rates, Rules, and Regulations. 18 That individual water service and/or fire line connections will be required Public Utilities for each parcel or residential, commercial, industrial unit per Rule 18 of the Department, City of Anaheim's Water Rates, Rules and Regulations. Water Engineering Division 19 A signed and notarized agreement demonstrating a shared use of the existing Public Works trash enclosure shall be submitted to, and apprroved by, the Public Works Department, Department. Operations Division 20 The developer shall submit street improvement plans, obtain a right-of-way Public Works construction permit, and post a security (Performance and Labor & Materials Department, Bonds) in an amount approved by the City Engineer and in a form approved Development Services by the City Attorney for the construction of all required off-site and public Division improvements within the City street right of way of Euclid Street. Improvements shall conform to the applicable City Standard 160-A and as approved by the City Engineer. The street improvement plans shall include all traffic related improvements adjacent to the project site including all driveways, utility installations, signing and striping, and all other offsite work. 21 All conflicting utilities must be relocated in accordance with the utility Public Utilities owners' requirements at the developers' expense and all necessary permits Department, must be secured prior to any utility relocations. Development Services Division 22 All exterior doors to have adequate security hardware, e.g. deadbolt locks, Police Department and have their own light source, which shall adequately illuminate door areas at all hours to make clearly visible the presence of any person on or about the premises and provide adequate illumination for persons exiting the building. Interior doors to private or secure areas shall require authorized access only via card reader, keypad, key or other security device/system. Wide-angle peepholes or other viewing device shall be installed in solid doors where natural surveillance is compromised. 23 Windows accessible from the side and rear of the building and not viewable Police Department from the street, along with large store/business display windows shall consist of rated burglary resistant glazing or its equivalent that attaches to the frame. Louvered windows shall not be used. - 10 - PC2018-014 - 11 - PC2018-014 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 24 All required on-site Water Quality Management Plan and public right of way Public Works improvements shall be completed, operational, and are subject to review and Department, approval by the Construction Services Inspector. Development Services Division 25 The developer shall improve Euclid Street in compliance with City Standard Public Works Detail 160-A, approved Traffic Study, and as required and approved by the Department, City Engineer. Development Services Division 26 A covenant shall be recorded which prohibits occupancy for the existing Planning and Building Chase Bank building located at 555 North Euclid Street (Parcel 4 of the Department, Planning Parcel Map 2017-112) once the new building at 545 North Euclid Street Services Division, (Parcel 2 of the Parcel Map 2017-112) is occupied. No concurrent occupancy Public Works shall be permitted for the exisiting and the new bank buildings. Such Department, covenant shall also require all technical studies, including a Traffic Impact Development Services Analysis, as requested by the City, be submitted/approved prior to issuing & Traffic Engineering any new Certificate of Occupancy for the existing bank building. Divisions 27 Provide comprehensive security alarm system for the following: Police Department • Perimeter building and access route protection, including roof access • High valued storage areas • Drive -Up ATM and 'feller window • Walk-up ATM 28 Complete a Burglary/Robbery Alarm Permit application, Form APD 516, Police Department and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following web site: http://www.anaheim.net/article.asp?id=678 29 Address numbers shall be positioned so as to be readily readable from the Police Department street (minimum height of 4 inches). Number should be illuminated during hours of darkness, and rear entrance doors shall be numbered in the same address numbers or suite number of the business. 30 Rooftopaddress numbers for the police helicopter shall be installed. Police Department Minimum size 4' in height and 2' in width, and the lines of the numbers are to be a minimum of 6" thick. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from the ground level. 31 "No Trespassing 602(k) P.C." shall be posted at the entrances of parking Police Department lots/structures and located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. - 11 - PC2018-014 - 12 - PC2018-014 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 32 The following minimum clearances shall be provided around all existing and Public Utilities proposed water facilities (e.g. fire hydrants, service laterals, meters, meter Department, boxes, backflow devices): Water Engineering • 10 feet minimum clearance from structures, footings, walls, Division stormwater BMPs, utility poles, street lights, and trees. • 5 feet minimum clearance from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 33 All fire services 2 -inch and smaller shall be metered with a UL listed meter, Public Utilities Hersey Residential Fire Meter with Translator Register, no equals. Department, Water Engineering Division GENERAL 34 Any tree planted on-site shall be replaced in a timely manner in the event Planning and Building that it is removed, damaged, diseased and/or dead. That the property shall Department, be permanently maintained in an orderly fashion by providing regular Code Enforcement landscape maintenance, removal of trash or debris, and removal of graffiti Division within two (2) business days from time of discovery. 35 Adequate lighting of parking lots, passageways, recesses, and grounds Police Department contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all person, property, and vehicles on-site. 36 No public water mains or laterals allowed under parking stalls or parking Public Utilities lots. Department, Water Engineering Division 37 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all claims, Planning Services actions or proceedings brought against Indemnitees to attack, review, set Division 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. - 12 - PC2018-014 - 13 - PC2018-014 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 38 The subject property shall be developed substantially in accordance with the Planning and Building plans and specifications submitted to the City of Anaheim by the applicant Department, and which plans are on file with the Planning Department. Planning Services Division 39 Approval of this application constitutes approval of the proposed request Planning and Building only to the extent that it complies with the Anaheim Municipal Zoning Code Department, and any other applicable City, State and Federal regulations. Approval does Planning Services not include any action or findings as to compliance or approval of the request Division regarding any other applicable ordinance, regulation or requirement. 40 The applicant is responsible for paying all charges related to the processing Planning and Building of this discretionary case application within 30 days of the issuance of the Department, final invoice or prior to the issuance of building permits for this project, Planning Services whichever occurs first. Failure to pay all charges shall result in delays in the Division issuance of required permits or may result in the revocation of the approval of this application. - 13 - PC2018-014