Loading...
Resolution-PC 2020-016RESOLUTION NO. PC2020-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2019-05126 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00066) (1325 SOUTH EUCLID 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. 2019-05126 to permit a structural and landscape front yard setback less than required by the Anaheim Muncipal Code to allow for the construction of a 3,853 square foot office building on certain real property located at 1325 South Euclid Street in the City of Anaheim, 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 0.35 acres in size and is currently undeveloped. The Property is located in the "C -G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code ("Code"). The Land Use Element of the Anaheim General Plan designates the Property as Corridor Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 27, 2020 at 5:00 p.m. and 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. 2019-05126 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 the Proposed Project; and WHEREAS, in conformance with CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, 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 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 pertaining to the request for Variance No. 2019-05126, does find and determine that the required findings for approval of a Variance to allow for a reduced front yard structural and landscape setback can be made for the following reasons: - I - PC2020-016 SECTION NO. 18.08.060.010.0101&.0102 Minimum front structural and landscaped setback. (15 feet required; 10 feet proposed) 1) That 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. Such circumstances include that development of the site would be restrictive due to the Euclid Street road widening which would reduce the width of the Project site from 145 feet to 135 feet. In addition, the Project site is a corner lot and as such, a 24 -foot unobstructed radius along the two intersecting street (i.e. Euclid Street and Chalet Avenue) would be required and would further reduce potential development of the site. The requested ten (10) foot side yard setback would deviate slightly from the required fifteen (15) foot side yard setback requirement; however, the proposed Project would meet all other development requirements outlined in the C -G zone and would be closer to development code compliance than neighboring commercial buildings along Euclid Street which range from a side yard structural setback of four (4) feet to seven (7) feet. 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 similar front landscape setback variances were previously - approved in 2018 for the service station located at the northeast corner of Euclid Street and Broadway, and in 2017 for the service station at the northeast corner of Beach Boulevard and Ball Road. 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 and reached these findings are 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. 2019-05126 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. 2019-05126 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 maybe 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 satisfied 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 - PC2020-016 BE IT FURTHER RESOLVED that any amendment, modification or revocation of this permit maybe 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 April 27, 2020. 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. CHA RSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2020-016 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 April 27, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: MULLEADY IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of April, 2020. 16., 1';7� co, -------------- SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEM - 4 - PC2020-016 F.XHTBTT "4" DEV NO. 2019-00066 F - 4A L3 U m 141 W PALM LN W PALAIS ARD IE Source: Reemled Tract Maps snd;o, City cis P1911188 1110M 68 aCCumcy IS ti- K%Q to five feet, -5- PC2020-016 EXHIBIT "B" VARIANCE NO. 2019-05126 (DEV2019-00066) - 6 - PC2020-016 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT The Owner/Developer shall submit a set of improvement plans for Public Public Utilities, 1 Utilities Water Engineering review and approval in determining the Water Engineering conditions necessary for providing water service to the project. Prepare and submit a final grading plan showing building footprints, pad Public Works elevations, finished grades, draining routes, retaining walls, erosion control, Department, 2 slope easements and other pertinent information in accordance with Development Services Anaheim Municipal Code and the California Building Code, latest edition. All onsite utilities shall be privately owned and maintained by the property owner. The grading plan shall be labeled accordingly. Prepare and submit a final drainage/hydrology study, including supporting Public Works hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's Department adopted Master Drainage Plan by identifying off-site and on-site storm Development Services 3 water runoff impacts resulting from build -out of permitted General Plan land uses. In addition, the study shall identify the project's contribution and shall provide locations and sizes of catchments and system connection points and all downstream drainage -mitigating measures including but not limited to offsite storm drains and interim detention facilities. The Owner shall obtain the required coverage under California's General Public Works Permit for Stormwater Discharges associated with Construction Activity by Department, 4 providing a copy of the Notice of Intent (NOI) submitted to the State Water Development Services Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) number. Submit a Water Quality Management Plan (WQMP) to the City for review Public Works and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Department, Development Services Management Plan (DAMP) for New Development/Significant Redevelopment projects identify potential sources of pollutants during the 5 long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; defined Source Control, Site Design, and Treatment Control (if applicable) best management practices (BMPs) to control or eliminate the discharge of pollutants into the surface water runoff, and provide a monitoring program to address the long-term implementation of and compliance with the defined BMPs. Submit a Geotechnical Report to the Public Works Development Services Public WorksDepartment, 6 Division for review and approval. The report shall include any proposed infiltration features of the WQMP. Development Services - 7 - PC2020-016 - 8 - PC2020-016 All required plans and studies shall be prepared by a Registered Professional Public Works Engineer in State of California. Department,Development Services PRIOR TO ISSUANCE OF A BUILDING PERMIT 8 Any relocation of City electronic facilities shall be at the developer's Public Utilities expense. That landscape and/or hardscape screening of all pad -mounted Department, equipment shall be required and shall be shown on plans submitted for building permits. Electrical Engineering 9 A private water system with separate water service for fire protection and Public Utilities, domestic water shall be provided and shown on plans submitted to the Water Engineering Division of the Anaheim Public Utilities Department. Water Engineering 10 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 alleys. Any backflow assemblies currently installed in a vault will have Water Engineering 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 the plans and approved by Water Engineering and Cross Connection Control Inspector. 11 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and Water Engineering permitted through Water Engineering Division of the Anaheim Public Utilities Department. 12 The Owner/Developer shall submit to the Public Utilities Department Public Utilities, Water Engineering Division an estimate of the maximum fire flow rate and 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 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. 13 Applicant shall contact Water Engineering for recycled water system Public Utilities, requirements and specific water conservation measures to be incorporated into the building and landscape constructions. Water Engineering 14 Provide a certificate, from a Registered Civil Engineer, certifying that the Public Works finished grading has been completed in accordance with the City Department, approved grading plan. Development Services - 8 - PC2020-016 15 The legal property owner shall irrevocably offer to dedicate to the City of Public Works Anaheim, for road, public utilities and other public purposes, the right- Department, of -way easements described below: Development Services 7 ft. in width on Euclid Street Corner cutback at Euclid Street and Chalet Avenue 16 A Right of Way Construction Permit shall be obtained from the Public Works Development Services Division for all work performed in the public Department, right-of-way. Development Services 17 The developer shall construct all improvements along the project's Public Works frontage on Euclid Street or a cash -in -lieu payment will be accepted based Department, on the project engineer's cost estimate, in an amount approved by the City Development Services Engineer to be sufficient to pay for the future street widening in compliance with City Standard 160-A. The developer's engineer shall submit to the City for review and approval an engineering cost estimate for the cost of the required improvements. 18 The developer shall repair any damaged, broken, and lifted sidewalk in Public Works the perimeter of the property and shall reconstruct in accordance with Department, City Engineering Standard Detail 110-B. These areas shall be identified Development Services on the improvement plans. 19 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement which dimensions as Public Utilities, shown on the approved utility service plan. Electrical Engineering 20 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 21 The following minimum clearances shall be provided around all new and existing public water facilities (e.g. water mains, fire hydrants, service Public Utilities, laterals, meters, meter boxes, backflow devices, etc.): Water Engineering • 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. • 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. 22 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish electrical services requirements and submit electric system plans, Electrical Engineering electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. - 9 - PC2020-016 23 All fire services 2 -inch and smaller shall be metered with a UL listed meter, Hersey Residential Fire Meter with Translator Register, no equals. Public Utilities, Water Engineering 24 All Landscape plans shall comply with the City of Anaheim adopted Public Works Landscape Water Efficiency Guidelines. This ordinance is in compliance Department, with the State of California Model Water Efficient Landscape Ordinance Development Services (AV 1881). PRIOR TO FINAL BUILDING AND ZONING INSPECTION 25 All public improvements shall be constructed by the developer, inspected Public Works and accepted by Construction Services prior to final building and zoning Department, inspection. Development Services 26 All remaining impact fees including cash in -lieu of public improvements Public Works required by Public Works department must be paid in full. Department, Development Services ON-GOING DURING OPERATIONS 27 The subject property shall be developed substantially in the accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which are on file with the Planning Department; provided however, that the signsPlanning shall display only advertising or business Services identification pertaining to on premise businesses, and that there shall be Division no display of any off-site uses, products or services on the signs. 28 That ongoing during project operations, vehicle deliveries including Public7and loading and unloading shall be performed on site. Delivery vehicles shall Depar not block any part of the public right-of-way. Traffi Transportation GENERAL CONDITIONS 29 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 permits for this project, whichever occurs first. Failure to pay all charges shall Planning Services result in delays in the issuance of required permits or may result in the Division revocation of the approval of this application. 30 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 claims, actions or proceedings brought against Indemnitees to attack, review, set Planning Services aside, void, or annul the decision of the Indemnitees concerning this Division 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 - 10 - PC2020-016 PC2020-016 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. 31 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department and as conditioned herein. Planning Services Division 32 All new landscaping shall be installed in conformance with Chapter 18.46 Planning Department, "Landscape and Screening" of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced in a timely Planning Services manner in the event that it is removed, damaged, diseased and/or dead. Division PC2020-016