Loading...
Resolution-PC 2019-002RESOLUTION NO. PC2019-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2018-05119 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00022) (1422 WEST BROADWAY AND 318 SOUTH HESSEL STREET) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for Variance No. 2018-05119 to permit parking spaces that encroach into the required front landscaped setback, and the construction of a tubular steel fence that is higher than what is permitted by the Anaheim Zoning Code at a certain real property located at 1422 West Broadway and 318 South Hessel Street in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the subject 3.75 -acre site is developed with vacant industrial buildings and a parking lot. The property is designated for Open Space -Parks land uses by the Anaheim General Plan. The Property is located in the "PR" Public Recreational Zone and is subject to the zoning and development standards contained in Chapter 18.14 (Public and Special Purpose Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 7, 2019 at 5:00 p.m., 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. 2018-05119 (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 (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 Proposed Project is within that class of projects (i.e., Class 3 — New Construction and Class 11 — Accessory Structures) which is intended to promote infill development within urbanized areas and consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Sections 15303 and 15311 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 - 1 - PC2019-002 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 Variance No. 2018-05119, does find and determine that the required findings for approval of a variance to allow parking spaces that encroach into the required front landscaped setback, and the construction of a tubular steel fence that is higher than what is permitted by the Anaheim Zoning Code can be made because: 1) There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. The project site is irregularly shaped with triangular portions and there is an easement for a storm drain that bisects the site, thereby limiting the amount of buildable area on the site, as well as the location of where the improvements may be made. 2) That, because of special circumstances shown above, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. The adjacent Ross Park uses parking spaces also located with the required landscaped setback on the south side of the property, as well as a wrought iron fence higher than three feet located within the landscaped setback adjacent to Manchester Avenue. The character and design of the proposed parking lot and fencing would be consistent with the design of the adjacent Ross Park. Furthermore, the fence would not impact the lines -of -sight to adjacent streets or driveways. 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, pursuant to the above findings, this Planning Commission does hereby approve Variance No. 2018-05119 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 that portion of the Property for which Variance No. 2018-05119 is applicable 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 - PC2019-002 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. 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 7, 2019. 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�ITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 3 - PC2019-002 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 7, 2019, by the following vote of the members thereof.- AYES: hereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 7' day of January, 2019. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2019-002 EXHIBIT "A" DEV NO. 2018-00022 o so ioo Source: Recorded Tract Maps and/or City GIS. FO Please note the accuracy is +/- two to five feet. - 5 - PC2019-002 EXHIBIT "B" VARIANCE NO. 2018-05119 (DEV2018-00022) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. 2 The subject property shall be developed substantially in accordance Planning and Building with the plans and specifications submitted to the City of Anaheim by Department, the applicant and which plans are on file with the Planning Department Planning Services under VAR2018-05119. Division 3 Approval of this application constitutes approval of the proposed Planning and Building request only to the extent that it complies with the Anaheim Municipal Department, Zoning Code and any other applicable City, State and Federal Planning Services regulations. Approval does not include any action or findings as to Division compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 4 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 1 11 - 6 - PC2019-002