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Resolution-PC 2009-100RESOLUTION NO, PC2009 -100 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIAIE ENVIRONMENTAL DETERMINATION AND APPROVING CONDITIONAL USE PERMIT NO. 2009-05431 AND VARIANCE NO. 2009 -04797 (1515 SOUTH MANCHESTER AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2009 -05431 and Variance No. 2009 -04797 to permit corporate offices, a dental laboratory and training center in a legal nonconforming building with fewer parking spaces than required by Code for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A attached hereto and incorporated herein by this reference. WHEREAS, this property is developed with a 158,708 square foot warehouse and office building located in the SP92 -2, Development Area 1 (Anaheim Resort Specific Plan, Commercial Recreation area) zone and the Anaheim General Plan designates the property for commercial recreational land uses; and WHEREAS, the proposed request to permit corporate offices, a dental laboratory and training center in a legal nonconforming building includes a variance from the following: (a) SECTION NO. 18.42.040.010 Minimum number of parking spaces (696 spaces required; 649 spaces existing) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 12, 2009, at 3:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said 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, does find and determine the following facts: 1. The request to permit corporate offices, a dental laboratory and training center in a legal nonconforming building is properly one for which a conditional use permit is authorized under Code Section No. 18.116.070.040.0402 (Nonconforming Structure Office uses in a legal nonconforming building) of the Anaheim Municipal Code. PC2009 -100 2. The proposed corporate offices, dental laboratory and training center in a legal nonconforming building will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because it is located within an existing office building and has office and private educational uses immediately to the north and south of the property. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety of the citizens of Anaheim because the proposed offices, dental laboratory and training center will be located within an existing office building and no additional development will occur. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area because the proposed use will be located within an existing office and warehouse building and the proposed office and dental laboratory uses are not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, the Planning Commission does further find and determine that the request for the variance from code requirements pertaining to the minimum number of required parking spaces should be granted for the following reasons: 1. The above mentioned variance, under the conditions imposed, will not cause fewer off street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use as indicated in the parking justification letter prepared by the applicant. 2. The parking variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the aforementioned parking justification letter which describes that patrons using the training center would be transported to the facility by bus and would not require individual parking spaces and therefore concludes that the proposed 649 parking spaces are adequate to meet the peak demand of the proposed offices, training center and research and development laboratories. 3. The variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking will be contained on -site within the property boundaries. 4. The variance will not increase traffic congestion within the off street parking areas provided for the proposed use as indicated in the parking justification letter and there are no new points of ingress and egress proposed in conjunction with this request. 2 PC2009 -100 WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2009 -05431 and Variance No. 2009 -04797 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 Anaheim Municipal 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 Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this Conditional Use Permit and Variance is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations 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 Anaheim Municipal 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 Anaheim Municipal Zoning 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the 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 result in delays in the issuance of required permits or the revocation of the approval of this application. 3 PC2009 -100 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 12, 2009. ATTEST: CHAIRMAN, ANAHEIM CIT SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STA lE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM L?MMIION I, Grace Medina, Senior ecretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 12, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, BUFFA, FAESSEL, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, KARAKI IN WITNESS WHEREOF, I have hereunto set my hand this 12 day of October 2009. E SENIOR SECR Y T'AR ANAHEIM C Y PLANNING COMMISSION 4 PC2009 -100 EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2009 -05431 en ICI Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is two to five feet. 10845 5 PC2009 -100 NO. CONDITIONS OF APPROVAL RESPONSIBLE FOR MONITORING PRIOR TO ISSUANCE OF BUILDING PERMITS 1 Plans submitted for building permits shall indicate that curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles and that Fire Lanes shall be posted with "No Parking Any Time Planning PRIOR TO FINAL BUILDING AND ZONING INSPECTION 2 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Planning 3 Fire lanes shall be posted with "No Parking Any Time." Planning ON- GOING! DURING PROJECT OPERATION 4 No required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Planning GENERAL 5 The subject property shall be developed substantially in accordance with plans submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site Plan) and 2 Floor Plans) and as conditioned herein. Planning 6 Granting of the parking variance is contingent upon operation of this facility in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking justification letter that formed the basis for approval of said variance. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking justification letter, shall be deemed a violation of the expressed conditions imposed upon said variance which shall subject this variance to termination pursuant to the provisions of Chapter 18.60 Procedures of the Anaheim Municipal Code. Planning EXIIIBIT `B" CONDITIONAL USE PERMIT NO. 2009-05431 AND VARIANCE NO. 2009-04797 6 PC2009 -100