Resolution-PC 2015-023RESOLUTION NO. PC2015 -023
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING VARIANCE NO. 2014 -04992 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2014- 00126)
(1341 WEST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred
to as the "Planning Commission ") did receive a verified petition to approve proposed Variance
No. 2014 -04992 to permit the construction of fewer on -site parking spaces than required by the
Anaheim Municipal Code (the "Code ") on that certain real property commonly known as 1341
West La Palma Avenue in the City of Anaheim, County of Orange, State of California (the
"Property ") in connection with the proposed demolition of an existing building located on the
Property and development of a new two - story, 13,897 square foot (approximate) medical office
building (the "Project "). Variance No. 2014 -04992 is proposed in conjunction with General Plan
Amendment No. 2014 -00498 to amend the Land Use Element of the General Plan from the
"Institutional" land use designation to the "Office -Low" land use designation, and
Reclassification No. 2014 -00274 to rezone the Property from the "RM -4" Multiple - Family
Residential Zone to "O -L" Low Intensity Office Zone to permit development of the Property
with the Project. Variance No. 2014- 04992, General Plan Amendment No. 2014 - 00498,
Reclassification No. 2014 -00274 and the Project shall be referred to herein collectively as the
"Proposed Project "; and
WHEREAS, the Property is approximately 0.83 -acre in size and is developed
with an existing 7,513 square foot thrift store building. The Property is located in the "RM -4"
Multiple - Family Residential Zone and is designated for "Institutional" land uses in the Land Use
Element of the Anaheim General Plan; and
WHEREAS, on March 23, 2015, the Planning Commission did hold a public
hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been
duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim
Municipal Code (the "Code "), to hear and consider evidence for and against proposed Variance
No. 2014 - 04992, and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, by the adoption of a resolution concurrently with but prior in time
to the adoption of this Resolution and pursuant to 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 the Implementation of the California Environmental Quality
Act (the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, this Planning
Commission approved and adopted a Negative Declaration for the Proposed Project; 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 with respect to the request to allow fewer parking spaces than required by
the Code for a wholesale tile store at the Property, has determined that proposed Variance No.
2014 -04992 should be approved for the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(84 spaces required; 56 spaces proposed)
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1. That the variance, under the conditions imposed, will not cause fewer off - street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonably foreseeable
conditions of operation of such use based upon the conclusions contained in the parking demand
analysis, dated November 7, 2014, and prepared by KD Anderson & Associates. The study
concludes that the actual parking demand to accommodate employees and customers for a
kidney dialysis clinic is 1.17 spaces per station, or a maximum of 43 spaces. This demand is
based on parking counts that were taken at a similar dialysis clinic during peak business hours
between 8:00 a.m. and 5:00 p.m.; and
2. That the variance, 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 within the Property will adequately accommodate the peak
parking demands of the kidney dialysis clinic; and
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use because the on -site parking for the kidney dialysis clinic will adequately
accommodate peak parking demands of the use; and
4. That the variance, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for the proposed use because the project site
provides adequate ingress and egress points to the Property and are designed to allow for
adequate on -site circulation; and
5. That the variance, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use because the project site has existing ingress or egress access points that are
designed to allow adequate on -site circulation.
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 presentation, 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. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
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NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does
hereby approve Variance No. 2014 - 04994, contingent upon and subject to (1) City Council
approval and adoption of General Plan Amendment No. 2014 -00498 and Reclassification No.
2014 - 00274, both of which entitlements are now pending; and (2) 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 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 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 Variance No. 2014 -04994
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 March 23, 2015. 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.
CHAIRMAN, PLANNING aOMMISSION
OF T E CITY OF AN I
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 23, 2015, by the following vote of
the members thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of March, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014 -00126
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Please note the accuracy is +/ two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2014-04992
(DEV2014- 00126)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMIT
1
The legal owner shall submit an application for a
Public Works Department,
Subdivision Map Act Certificate Compliance to the Public
Development Services
Works Department, Development Services Division. A
Division
Certificate of Compliance or Conditional Certificate of
Compliance shall be approved by the City Surveyor and
recorded in the Office of the Orange County Recorder prior
to issuance of a building permit.
2
The developer shall submit street improvement plans for
Public Works Department,
landscape and irrigation to the Public Works Department,
Development Services
Development Services Division and a bond shall be posted to
Division
guarantee the construction of all public works improvements.
The landscape and irrigation improvement plans shall be
prepared in accordance with the Public Works Landscape and
Irrigation Manual for Public Street and Highway. The
improvements shall be constructed prior to final building and
zoning inspections.
3
The property owner shall irrevocably offer to dedicate to the
Public Works Department,
City of Anaheim an easement 53 feet in width from the
Development Services
centerline of La Palma Ave for road, public utilities and other
Division
public purposes.
4
The developer shall post a security to guarantee the
Public Works Department,
construction of public works improvements in an amount
Development Services
approved by the City Engineer and in a form approved by
Division
the City Attorney. The improvements shall be constructed
prior to final building and zoning inspections.
5
Plans shall be submitted showing stop control on the
Public Works Department,
proposed driveway along La Palma Avenue. A stop sign
Development Services
shall be installed, and stop legend shall be painted on the
Division
driveway in the southbound direction at La Palma Avenue,
prior to final building and zoning inspections. Subject
property shall thereupon be developed and maintained in
conformance with said plans.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMIT
6
The applicant shall submit to the Public Works Development
Public Works Department,
Services Division for review and approval a Water Quality
Development Services
Management Plan that conforms with current Orange County
Division
Guidelines and Requirements as well as the City's WQMP
Review Checklist.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
7
All required street improvements shall be constructed prior
Public Works Department,
to the first final building and zoning inspections and are
Development Services
subject to review and approval by the Construction Services
Division
inspector.
8
All required site WQMP items shall be inspected and
Public Works Department,
operational.
Development Services
Division
OPERATIONAL CONDITIONS
9
The dialysis clinic shall be operated in accordance with the
Planning Department,
Letter of Request and Parking Demand Study submitted as
Planning Services Division
part of this application. Any changes to the business
operation as described in those documents shall be subject to
review and approval by the Planning Director to determine
substantial conformance to ensure compatibility with the
surrounding uses.
10
The parking lot shall be lit during the hours of darkness in
Planning Department,
order to illuminate and make clearly visible the presence of
Code Enforcement Division
any person on or about the premises.
11
The Property shall be permanently maintained in an orderly
Planning Department,
fashion through the provision of regular landscaping
Code Enforcement Division
maintenance, removal of trash or debris, and removal of
graffiti within twenty four (24) hours from time of
occurrence.
GENERAL CONDITIONS
12
Curbs adjacent to the drive aisles shall be painted red to
Public Works Department,
prohibit parallel parking in the drive aisles. Red curb
Development Services
locations shall be clearly labeled on building plans.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
13
The subject Property shall be developed substantially in
Planning Department,
accordance with plans and specifications submitted to the
Planning Services Division
City of Anaheim by the petitioner and which plans are on file
with the Planning Department, and as conditioned herein.
14
The Applicant shall defend, indemnify, and hold harmless
Planning Department,
the City and its officials, officers, employees and agents
Planning Services Division
(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.
15
The applicant is responsible for paying all charges related to
Planning Department,
the processing of this discretionary case application within
Planning Services Division
30 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 may result in the
revocation of the approval of this application.
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