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Resolution-PC 2021-010RESOLUTION NO. PC2021-010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2020-05139 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2019-00119) (1241-1281 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified petition for Variance No. 2020-05139 to permit structural and landscape setbacks less than required by the Anaheim Municipal Code (the "Code"), to allow for a remodeled 5,162 square foot dental office building (herein referred to collectively as the "Proposed Project") for certain real property located at 1241-1281 South Brookhurst 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, approximately 0.59 acres in size and is currently occupied by three office buildings. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located in the "C -G" General Commercial Zone, meaning that the regulations contained in Chapter 18.08 (Commercial General Zones) of the Anaheim Municipal Code (the "Code") shall apply; and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N- 25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body; and WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on March 29, 2021, 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 of the Code, to hear and consider evidence and testimony 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - I - PC2021-010 WHEREAS, the Planning Commission finds and determines that the Proposed Project is within that class of projects (i.e., Class 3 — New Construction or Conversion of Small Structures) which consist of the 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. 2020-05139 to allow structural and landscape setbacks less than required by the Code for the remodel of an existing office complex by demolishing a 2,148 sq. ft. building and adding 1,327 sq. ft. to an existing building resulting in a new 5,162 sq. ft. dental building with new parking lot improvements, should be approved for the following reasons: SECTION NO. 18.08.060.010 Minimum Structural Setback Abutting Any Residential Zone Boundary. (20 feet required; 10 feet proposed for new covered patio structure) Minimum Landscaped Setback Abutting An Residential Zone Boundary. (10 feet required; 5 feet proposed along parking lot improvements) 1. There are special circumstances applicable to the Property including size, shape, location and surroundings, which do not apply to other properties under the identical zoning classification of the Proposed Project. The Property has a depth of 115 feet which is consistent with other commercial properties along Brookhurst Street that abut the City's boundary. The property currently has a 5 -ft. landscaped setback and a 10 -ft. structural setback which will be retained. The reduced rear setback will allow for new parking lot improvements and a covered patio structure with the same setbacks as the existing office building. Other commercial properties in the immediate vicinity have no landscape or structural setback and provide no landscape screening to the adjacent residential properties. A variance will allow for the remodel of the existing non -conforming structure to be compatible with other Commercial uses on Brookhurst Street. 2. The subject property has a width and depth of 225 by 115 feet and a lot area of approximately 0.59 acres. Granting the variances would allow the property to be developed in a manner that is consistent with other commercial properties in the vicinity and will provide for the required parking for the proposed use. The strict application of the Municipal Code deprives the property of privileges enjoyed by other properties that exist with similar or no rear landscaped or structural setbacks in the area; and - 2 - PC2021-010 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 negate 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 Variance No. 2020-05139, contingent upon and subject to the conditions of approval described 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 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(s), (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 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. - 3 - PC2021-010 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 29, 2021. Said Resolution is subject to the appeal provisions set forth in Section 18.60.130 (Appeals — Planning Commission Decisions) of 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. ERSON PRO-TE?PORE, PLANNING COMMISSION CITY OF ANAH IM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 29, 2021, by the following vote of the members thereof: AYES: COMMISSIONERS: KRING, MEEKS, MULLEADY, PEREZ, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: KEYS IN WITNESS WHEREOF, I have hereunto set my hand this 29th day of March, 2021. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2021-010 EXHIBIT "A" DEV NO. 2019-00119 APN: 127-371-67 127-371-61 BIENVILLE AVE � z � W J = N Q � H = 115' 2 N N Y O N N O CO "LN W CHALET AVE 1 1 W GL1 w Y 1 O v 1 O (r cc 1 n w cc � � j W PALAIS RD cr Ln 1 1 /1 of Source: Recorded Tract Maps and/or City GIS v Feet Please note the accuracy is +/- two to five feet. - 5 - PC2021-010 EXHIBIT "B" VARIANCE NO. 2020-05139 (DEV2019-00119) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO THE ISSUANCE OF A GRADING PERMIT 1 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, Public Works erosion control, slope easements and other pertinent information in Department, accordance with Anaheim Municipal Code and the California Development Services Building Code, latest edition. All onsite utilities shall be privately Division owned and maintained by the Home owner's Association (HOA), the grading plans shall be labeled accordingly. 2 Prepare and submit a final drainage/hydrology study, including Public Works supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes Department, to the City's adopted Master Drainage Plan by identifying off-site and Development Services on-site storm water runoff impacts resulting from build -out of Division 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. 3 Submit a Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the Public Works Department, requirements of Section 7 and Exhibit 7.11 of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Development Services Significant Redevelopment projects. identify potential sources of Division pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the storm water runoff from the project site; define 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. 4 Submit a Geotechnical Report to the Public Works Development Public Works Services Division for review and approval. The report shall include any proposed infiltration features of the WQMP. Department, Development Services Division - 6 - PC2021-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 All required plans and studies shall be prepared by a Registered Public Works Professional Engineer in State of California. Department, Development Services Division 6 The Owner/Developer shall submit a set of improvement plans for Public Utilities Public Utilities Water Engineering review and approval in Water Engineering determining the conditions necessary for providing water service to the project. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 7 Provide a certificate, from a Registered Civil Engineer, certifying that Public Works the finished grading has been completed in accordance with the City Department, approved grading plan. Development Services Division 8 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 Division 9 A Certificate of Compliance application shall be submitted to the City of Public Works Anaheim Department of Public Works for review and approval, and Department, upon approval shall be recorded in the office of the Orange County Recorder. Development Services Division 10 The applicant shall submit a Lot Line Adjustment document to the Public Works Public Works Development Services Division for review and Department, approval. The approved document shall be recorded, along with Development Services conforming deed, in the office of the Orange County Recorder. Division 11 Prior to issuance of a Building permit a recorded copy of the reciprocal Public Works access agreement with the adjacent property owner at 1301 S. Department, Brookhurst shall be submitted for City records. Development Services Division 12 The circular driveway exit shall be right -turn out only. Plans shall be Public Works submitted showing R3 -5(R) (RIGHT -TURN -ONLY) sign at the exit Department, driveway. Subject property shall thereupon be developed and Traffic Engineering maintained in conformance with said plans. - 7 - PC2021-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 The southerly project driveway shall be a right -turn in/out only Public Works driveway. Plans shall be submitted showing R3 -5(R) (RIGHT- Department, TURN -ONLY) sign at the project driveway. Subject property shall Traffic Engineering thereupon be developed and maintained in conformance with said plans. 14 Street improvement plans shall be submitted showing R6 -1(R) (ONE- Public Works WAY) signs on the median directly in front of project driveways for Department, review and approval. Signs shall be installed prior to the first building and zoning inspection. Traffic Engineering 15 Plans shall be submitted showing directional arrow markings on the Public Works circular driveway pavement. Subject property shall thereupon be Department, developed and maintained in conformance with said plans. Traffic Engineering 16 A private water system with separate water service for fire protection, Public Utilities irrigation, and domestic water shall be provided and shown on plans Water Engineering submitted to the Water Engineering Division of the Anaheim Public Utilities Department. 17 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 Water Engineering 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. 18 All requests for new water services, backflow equipment, or fire lines, Public Utilities as well as any modifications, relocations, or abandonments of existing Water Engineering water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. 19 All existing water services and fire services shall conform to current Public Utilities Water Services Standards Specifications. Any water service and/or Water Engineering 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. - 8 - PC2021-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 20 The Owner/Developer shall submit to the Public Utilities Department Public Utilities Water Engineering Division an estimate of the maximum fire flow rate Water Engineering and maximum day and peak hour water demands for the project. This 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. 21 Individual water service and/or fire line connections will be required Public Utilities for each parcel or residential, commercial, industrial unit per Rule 18 Water Engineering of the City of Anaheim's Water Rates, Rules and Regulations. PRIOR TO FINAL BUILDING AND ZONING INSPECTION 22 All remaining fees/deposits required by Public Works department must Public Works be paid in full. Department, Development Services Division 23 All Record drawings shall be submitted to the Public Works Public Works Development Services Division for review and approval. Department, Development Services Division 24 All required on-site Water Quality Management Plan shall be completed, Public Works operational, and will be subject to review and approval by the Department, Construction Services Inspector. Development Services Division 25 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel Public Works parking in the drive aisles. Red curb locations shall be clearly labeled on Department, building plans. Traffic Engineering 26 Fire lanes shall be posted with "No Parking Any Time." Said Public Works information shall be specifically shown on plans submitted for building Department, permits. Traffic Engineering 27 "Employee Parking Only" sign shall be installed in front of the gated Public Works employee parking area. Department, Traffic Engineering - 9 - PC2021-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 28 Owner/Developer shall install an approved backflow prevention Public Utilities assembly on the water service connection(s) serving the property, Water Engineering behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. 29 Building shall be equipped with a comprehensive security alarm Police Department system (silent or audible) for the following coverage areas: • Perimeter of building and access route protection. • High valued storage areas. 30 Complete a Burglary/Robbery Alarm Permit application, Form APD Police Department 516, and return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 31 A closed circuit television (CCTV) security system shall be installed, Police Department with the following coverage areas: • Pedestrian Entrances • Building perimeter • Parking lot 32 If security cameras are not monitored, signs indicating so should be Police Department placed at each camera. 33 CCTV monitors and recorders shall be secured in a separate locked Police Department compartment to prevent theft of, or tampering with, the recording. 34 CCTV recordings should be kept for a minimum of 30 days before Police Department being deleted or recorded over. 35 Address numbers shall be positioned so as to be readily readable from Police Department the street. Number should be illuminated during hours of darkness. 36 Rooftop address numbers shall be added for the police helicopter. Police Department Minimum size 4' in height and 2' in width. The lines of the numbers are to be a minimum of 6" thick. Numbers shall be spaced 12" to 18" apart. Numbers shall be painted or constructed in a contrasting color to the roofing material. Numbers shall face the street to which the structure is addressed. Numbers are not to be visible from ground level. 37 Doors shall be equipped with the following: Police Department 1. All exterior doors to have adequate security hardware, e.g. deadbolt locks. 2. Wide-angle peepholes or other viewing device shall be installed in solid doors where natural surveillance is compromised. 3. The locks shall be so constructed that both the deadbolt and deadlocking latch can be retracted by a single action of the inside doorknob/lever/turn piece. - 10- PC2021-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 38 Monument signs and addresses shall be well lighted during hours of Police Department darkness. 39 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. 40 All exterior doors shall have their own light source, which shall Police Department 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. 41 Minimum recommended lighting level in all parking lots is .5 foot- Police Department candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 42 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department lots/structures and located in other appropriate places. Signs must be at least 2' x F in overall size, with white background and black 2" lettering. 43 All entrances to parking areas shall be posted with appropriate signs Police Department per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. GENERAL CONDITIONS 44 The following minimum clearances shall be provided around all new Public Utilities and existing public water facilities (e.g. water mains, fire hydrants, Water Engineering service laterals, meters, meter boxes, backflow devices, etc.): • 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. 45 All fire services 2 -inch and smaller shall be metered with a UL listed Public Utilities meter, Hersey Residential Fire Meter with Translator Register, no Water Engineering equals. 46 That ongoing during project operations, vehicle deliveries including Public Works loading and unloading shall be performed on site. Delivery vehicles Department, shall not block any part of the public right of way. Traffic Engineering 47 That ongoing during project operations, the vehicle gate shall be Public Works operated by the remote control. The remote control for the gate shall Department, - 11 - PC2021-010 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT operate at the distance before the gate to allow sufficient time to open Traffic Engineering the gate as the employees arrive, to prevent queue on the street. 48 The applicant shall be responsible for maintaining the area adjacent to Planning Department, the premises over which they have control, in an orderly fashion Code Enforcement through the provision of regular maintenance and removal of trash or Division debris. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 49 All new landscaping shall be installed in conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code planning and Building and shall be maintained in perpetuity. Landscaping shall be replaced Department, in a timely manner in the event that it is removed, damaged, diseased Planning Services and/or dead. Division 50 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 "Indemnities") from any and all Planning Services claims, actions or proceedings brought against Indemnities to attack, review, set aside, void, or annul the decision of the Indemnities Division 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnities in connection with such proceeding. 51 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. 52 The subject Property shall be developed substantially in accordance Planning and Building with plans and specifications submitted to the City of Anaheim by the Department, petitioner and which plans are on file with the Planning Department, and as conditioned herein. planning Services Division - 12 - PC2021-010