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Resolution-PC 2022-052 - 1 - PC2022-052 RESOLUTION NO. PC2022-052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2021-05153 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2021-00094) (100 South Manchester Avenue) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition to approve Variance No. 2021-05153 for approval to construct an 18,349 square foot administration and bus maintenance facility for the Anaheim Transportation Network (ATN) landscape setbacks that are less than required by Code; and to permit fewer parking spaces than required by Code (the “Proposed Project”), on certain real property located at 100 South Manchester Avenue (the “Property”) 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 Property is approximately 1.29 acres in area and is currently vacant. The Property is designated for General Commercial land uses by the Anaheim General Plan and is located in the “C-G” General Commercial zone; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 28, 2022 at 5:00 p.m., with 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. 2021-05153 and to investigate and make findings and recommendation 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 CEQA Procedures, 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 Project qualifies for a Class 32 – In-Fill Development Project Categorical Exemption under the California Environmental Quality Act (CEQA) (Public Resources Code, Sections 21000- 21189.57) as set forth in Section 15332and 15300.2 of the State CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3, Sections 15000-15387); and WHEREAS, this 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. 2021-05153 to permit fewer parking spaces than required by Code and to permit building and landscaping setbacks that are less than required by Code, does find and determine the following: - 2 - PC2022-052 SECTION NO. 18.42.040.010 Minimum Number of Parking Spaces. (73 spaces required; 33 spaces proposed) 1. The variance for the Property, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the Property than the number of such spaces necessary to accommodate all vehicles attributable to all uses at the Property under the normal and reasonably foreseeable conditions of operation of such uses. The applicant submitted a Parking Variance Justification, which included a parking demand analysis to determine the actual parking demand for the administration and bus maintenance facility. The parking demand analysis determined that the parking demand for the subject use during the peak hours of 9:00 AM to 5:00 PM is 32 parking spaces. The project will provide 33 parking spaces on-site. Based on the information provided, there would be adequate on-site parking for the Proposed Project. 2. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on-site parking will adequately accommodate the peak parking demands of the use on the Property. 3. The variance for the Property, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the Property because the on-site parking will adequately accommodate peak parking demands of the use on Property. 4. The variance for the Property, under the conditions imposed, will not increase traffic congestion within the off-street parking areas because the Property provides adequate ingress and egress points, which are designed to allow for adequate on- site circulation. 5. The variance for the Property, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity because the Property will provide ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property; and Landscape Setback Variance 1. The subject site is significantly constrained due to its odd shape and narrow depth. The site is approximately 800 feet long, and varies in width from 45 feet to 93 feet. These unique site configuration circumstances generally do not apply to other commercial zoned properties in the vicinity. 2. Given the physical constraints of the site, including the odd shape and narrow width, as well as the code required 10-foot landscape setback requirement along Manchester Avenue and the 10-foot landscape setback along the I-5 freeway right- of-way, providing the required parking on the site is not feasible if parking spaces are not allowed within the landscape setback along the I-5 freeway ROW. In this - 3 - PC2022-052 instance, the strict application of the zoning code would deprive the property privileges enjoyed by other commercial zoned properties in the vicinity; and 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 negate 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. 2021-05153, 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 the Property for which Variance No. 2021-05153 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. BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (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. - 6 - PC2022-052 - 7 - PC2022-052 EXHIBIT “B” VARIANCE NO. 2021-05153 (DEV2021-00094) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A GRADING PERMIT 1 Prepare and submit a final grading plan showing building footprints, pad elevations, finished grades, drainage routes, retaining walls, erosion control, slope easements, and other pertinent information in accordance with Anaheim Municipal Code and the California Building Code, latest edition. All onsite utilities shall be privately owned and maintained by the Owner and the grading plans shall be labeled accordingly. Public Works Department, Development Services Division 2 Prepare and submit a final drainage/hydrology study, including supporting hydraulic and hydrological data to the City of Anaheim for review and approval. The study shall confirm or recommend changes to the City's adopted Master Drainage Plan by identifying off-site and on-site storm 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. Public Works Department, Development Services Division 3 The Owner/Developer shall execute a Save Harmless Agreement with the City of Anaheim for any storm drain connections to a City storm drain system. The agreement shall be recorded by the applicant on the property prior to the issuance of the Right of Way Construction Permit. Public Works Department, Development Services Division 4 All required plans and studies shall be prepared by a Registered Professional Engineer. Public Works Department, Development Services Division 5 The Owner/Developer shall obtain the required coverage under California’s General Permit for Stormwater Discharges associated with Construction Activity by providing a copy of the Notice of 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. Public Works Department, Development Services Division - 8 - PC2022-052 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 6 Submit the final Water Quality Management Plan (WQMP) to the City for review and approval. The WQMP shall be consistent with the requirements of Section 7 and Exhibit 7.II of the Orange County Drainage Area Management Plan (DAMP) for New Development/ Significant Redevelopment projects, identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater 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. Public Works Department, Development Services Division 7 Submit a Geotechnical Report to the Public Works Development Services Division for review and approval. The report shall include any proposed infiltration features of the WQMP. Public Works Department, Development Services Division 8 A Fire Master Plan (Fire access plan) shall be submitted to the fire department for review. Fire Department Community Risk Reduction Division 9 All drivable surfaces - Permanent, temporary, and phased emergency access roads shall be designed and maintained to support an imposed load of 78,000 lbs. and surfaced to provide all-weather driving capabilities Fire Department Community Risk Reduction Division 10 Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Department, Water Engineering Division 11 The Owner/Developer shall submit a set of improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. Public Utilities Department, Water Engineering Division PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS 12 The Owner/Developer is responsible for obtaining any required permit and/or other form of approval from Caltrans for any proposed project improvement within the State right-of-way and improvement such as freeway signs within the City right-of-way. Public Works Department, Traffic Engineering Division 13 That prior to the issuance of a building permit, plans shall show R1- 1 (STOP) sign, R3-5(R) (RIGHT-TURN-ONLY) sign, STOP pavement legend, and right-turn arrow pavement legend at the north project driveway to the employee parking lot. Subject property shall thereupon be developed and maintained in conformance with said plans. Public Works Department, Traffic Engineering Division - 9 - PC2022-052 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 That prior to the issuance of a building permit, plans shall show R3- 5(R) (RIGHT-TURN-ONLY) sign at the bus exit driveway and R6- 1(R) (ONE-WAY) sign on the median directly in front of the project driveway. Public Works Department, Traffic Engineering Division 15 Prior to the issuance of building permits, street improvement plans shall be submitted to the Public Works Department – Traffic Engineering for review and approval of proposed signing and/or red curb painting on the east side of Manchester Avenue adjacent to the project accesses. Signage and curb painting modifications shall be installed per the approved plans and shall be completed prior to the first final building and zoning inspection. Public Works Department, Traffic Engineering Division 16 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets 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. Public Utilities Department, Water Engineering Division 17 All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Department, Water Engineering Division 18 All existing water services and fire services shall conform to current Water Services Standards Specifications. Any water service and/or 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. Public Utilities Department, Water Engineering Division 19 The Owner shall irrevocably offer to dedicate to the City of Anaheim (i) an easement for all large domestic above-ground water meters and fire hydrants, including a five (5)-foot wide easement around the fire hydrant and/or water meter pad. (ii) A twenty (20) foot wide easement for all water service mains and service laterals all to the satisfaction of the Water Engineering Division. The easements shall be granted on the Water Engineering Division of the Public Utilities Department’s standard water easement deed. The easement deeds shall include language that requires the Owner to be responsible for restoring any special surface improvements, other than asphalt paving, including but not limited to colored concrete, bricks, pavers, stamped concrete, decorative hardscape, walls or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for the repair, replacement, Public Utilities Department, Water Engineering Division - 10 - PC2022-052 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT and maintenance of all surface improvements other than asphalt paving shall be the responsibility of the Owner/Developer and included and recorded in the Master CC&Rs for the project. 20 The Car Wash shall comply with all state laws and local ordinances for Water Conservation Measures, including Chapter 10.18 of Anaheim Municipal Code and Ordinance relating to Water Reduction provisions. Public Utilities Department, Water Engineering Division 21 The Owner/Developer shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate 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. Public Utilities Department, Water Engineering Division 22 Water improvement plans shall be submitted by the applicant to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and form approved by City Attorney shall be posted with the City of Anaheim. Public Utilities Department, Water Engineering Division 23 Individual water service and/or fire line connections shall be provided by the applicant for each parcel or residential, commercial, industrial unit per Rule 18 of the City of Anaheim’s Water Rates, Rules, and Regulations. Public Utilities Department, Water Engineering Division 24 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 25 Provide a certificate, from a Registered Civil Engineer, certifying that the finished grading has been completed in accordance with the City approved grading plan. Public Works Department, Development Services Division 26 The legal property owner shall irrevocably offer to dedicate (varies to 6.25') to the City of Anaheim an easement along Manchester Ave to accommodate the deficient supplemental right turn lane, for road, public utilities and other public purposes. Public Works Department, Development Services Division 27 The Owner/Developer shall submit improvement plans to obtain a Right of Way Construction Permit (RCP) to Development Services Division for the construction of required public improvements on Manchester Ave and all work performed in the public right-of-way for review and approval. The improvements shall include but not limited to curb and gutter, pavement, pavement transitions, driveway, parkway, sidewalk, parkway drains, water meter removals, sewer laterals, etc. Public Works Department, Development Services Division - 11 - PC2022-052 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 28 The Owner/Developer’s engineer shall submit to the City for review and approval an engineering cost estimate for the cost of the required improvements on Manchester Ave. The Developer shall post a security (Performance and Labor & Materials Bonds) in an amount approved by the City Engineer and in a form approved by the City Attorney for the construction of all required off-site and public improvements within Manchester Ave. Public Works Department, Development Services Division 29 A cash-in-lieu payment, in an amount determined and approved by the City Engineer to pay for future street widening and improvements along Manchester Ave, shall be paid to the City of Anaheim. Public Works Department, Development Services Division 30 The legal owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Development Services Division. The Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder. Public Works Department, Development Services Division 31 The Owner/Developer shall submit to the Public Works Development Services Division for review and approval a Lot Line Adjustment document. The document shall be approved by the City Surveyor and recorded, along with conforming deed, in the office of the Orange County Recorder. Public Works Department, Development Services Division 32 All Landscape plans shall comply with the City of Anaheim adopted Landscape Water Efficiency Guidelines. This ordinance is in compliance with the State of California Model Water Efficient Landscape Ordinance (AV 1881). Public Works Department, Development Services Division 33 Submit an interim soils report indicating pad compaction and site stability prepared by the project's Geotechnical Engineer of Record. The pad compaction report needs to include a site plan showing the compaction testing locations. Public Works Department, Development Services Division PRIOR TO THE FINAL BUILDING AND ZONING INSPECTIONS 34 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 35 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 - 12 - PC2022-052 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 36 All public improvements shall be constructed by the developer/applicant, inspected, and accepted by Construction Services prior to final building and zoning inspection. Public Works Department, Development Services Division 37 All remaining fees/deposits required by Public Works department must be paid in full. Public Works Department, Development Services Division 38 All required WQMP improvements shall be operational and verified by the Construction Services Division Inspector. Public Works Department, Development Services Division 39 Record Drawings and As-Built Plans shall be submitted for review and approval to the Department of Public Works, Development Services Division. Public Works Department, Development Services Division 40 The Owner/Developer shall install an approved backflow prevention assembly on the water service connection(s) serving the property, behind property line in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Department, Water Engineering Division ON-GOING DURING OPERATIONS 41 All new landscaping shall be installed by the applicant in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be maintained in perpetuity. Landscaping shall be replaced by the applicant in a timely manner in the event that it is removed, damaged, diseased, and/or dead. Planning and Building Department, Planning Services Division 42 A total of 33 parking spaces shall be continuously maintained on the project site consistent with the approved project plans. Planning and Building Department, Planning Services Division 43 The applicant shall maintain trees in good health in perpetuity along the easterly property line to provide adequate screening and privacy from adjacent property, in accordance with the approved landscape plan. Planning and Building Department, Planning Services Division 44 The Owner/Developer shall be responsible for restoring any special surface improvements, other than asphalt paving, within any right- of-way, public utility easement or City easement area including but not limited to colored concrete, bricks, pavers, stamped concrete, walls, decorative hardscape or landscaping that becomes damaged during any excavation, repair or replacement of City owned water facilities. Provisions for maintenance of all said special surface Public Utilities Water Engineering - 13 - PC2022-052 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT improvements shall be included in the recorded Master CC&Rs for the project and the City easement deeds. 45 Ongoing during project operation, transponder from incoming buses shall be activated at a distance in advance of gate opening to allow sufficient time for the gate to be opened prior to buses arrival to prevent bus from queuing on Manchester Avenue. Public Works Department, Traffic Engineering Division GENERAL 46 The following minimum horizontal clearances shall be maintained by the owner/applicant between proposed water main and other facilities: a. 10-feet minimum separation (outside wall-to-outside wall) from sanitary sewer mains and laterals b. 5-feet minimum separation from all other utilities, including storm drains, gas, and electric c. 6-feet minimum separation from curb face d. 10-feet minimum separation from structures, footings, and trees. e. 12-inch minimum vertical separation from other utilities. The following minimum clearances shall be provided by the owner/applicant around all new and existing public water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.): a. 10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees. b. 5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Water Engineering 47 No public water mains or laterals allowed under parking stalls or parking lots. Public Utilities Water Engineering 48 Vehicle gates to the employee parking lot shall not be installed across the project driveways or access roads as the site design does not allow any such gates to conform to City of Anaheim Engineering Standard Detail 475 pertaining to gate set back distance, turnaround area, guest phone, separate lane for guest access, and minimum width for ingress/egress as required by the Fire Department. Should gates be desired in the future, gates shall comply with the current version of City of Anaheim Engineering Standard Detail 475 and are subject to approval by the City Engineer. Public Works Department, Traffic Engineering Division - 14 - PC2022-052 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 49 The project driveways on Manchester Avenue shall be right-turn in/out only driveways. Should the measures constructed at the driveways on Manchester Avenue to prevent southbound left-turns in and westbound left-turns out of the project prove to be ineffective, project developer/owner shall be required to revise the measures and construct alternative measures, at owner cost, until an effective measure is found and to the satisfaction of the City Engineer. Public Works Department, Traffic Engineering Division 50 The premises shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant, which plans are on file with the Planning Department, and as conditioned herein. Planning & Building Department, Planning Services Division 51 Conditions of approval related to each of the timing milestones above shall be prominently displayed by the applicant on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to grading permits, final maps, street improvement plans, water and electrical plans, landscape irrigation plans, security plans, parks and trail plans, and fire and life safety plans, etc. Planning and Building Department, Planning Services Division 52 The Applicant/Owner/Developer shall defend, indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred 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. Planning and Building Department, Planning Services Division