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Resolution-PC 2017-011RESOLUTION NO. PC2017-011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2016-05861 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00016) (523 WEST VICTOR AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016- 05861 to permit an off-site parking lot at the premises located at 523 West Victor Avenue in the City of Anaheim (herein referred to as the "Adjacent Parking Parcel") to accommodate the expansion of a clinical research facility on that certain real property located at 1085 North Harbor Boulevard in the City of Anaheim (the "Medical Facility Parcel"). The Adjacent Parking Parcel and the Medical Facility Parcel are generally depicted on the map attached hereto as Exhibit A and incorporated herein by this; and WHEREAS, Conditional Use Permit No. 2016-05861 is proposed in conjunction with Conditional Use Permit No. 2008-05301A to amend a previously -approved conditional use permit to allow an increase in the number of beds and expand an existing clinical research facility at the Medical Office Parcel. Conditional Use Permit No. 2008-05301A and Conditional Use Permit No. 2016-05861 shall be referred to herein collectively as the "Proposed Project"; and WHEREAS, the Adjacent Parking Parcel is approximately 0.34 acres in size and is currently vacant. The Medical Facility Parcel is approximately 0.86 acre in size and is currently occupied with a medical office building. Both parcels are located in the General Commercial (C -G) zone and are subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the Code. The Anaheim General Plan designates both parcels for Residential Low -Medium Density land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 9, 2017 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 (Procedures) of the Code, to hear and consider evidence 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 (Title 14 of the California Code of Regulations; 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 - 1 - PC2017-011 WHEREAS, by the adoption of a separate concurrent resolution for the approval and adoption of Conditional Use Permit No. 2008-05301A, this Planning Commission found and determined that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 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 with respect to the request for Conditional Use Permit No. 2016- 05861, does find and determine the following: 1. The proposed request to permit an off-site parking lot to accommodate the expansion of a clinical research facility on the Medical Office Parcel is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Section No. 18.08.030 of the Code. 2. The proposed conditional use permit to permit an off-site parking lot to accommodate the expansion of a clinical research facility on the Medical Office Parcel, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because there would be no change in use, and the existing building is surrounded by compatible buildings and uses with no adverse effects to adjoining land uses. 3. The size and shape of the site for the use, under the conditions imposed, is adequate to allow the development of the clinical research facility in a manner not detrimental to the particular area or to the health and safety because the parking facility is a type of use compatible with retail, restaurant, office and residential uses located adjacent to and in the vicinity of the Adjacent Parking Parcel. 4. The traffic generated by the Adjacent Parking Parcel and intensification of the clinical research facility on the Medical Office Parcel 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 anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use. 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 as the proposed land use will continue to be integrated with the surrounding commercial and residential uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. - 2 - PC2017-011 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 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2016-05861 contingent upon and subject to (i) the approval of Conditional Use Permit No. 2016-05861, now pending, and (ii) 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 under Conditional Use Permit No. 2016-05861 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 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 - PC2017-011 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 9, 2017. 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. CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM 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 January 9, 2017 by the following vote of the members thereof: AYES: COMMISSIONERS: CALDWELL, CARBAJAL, DALATI, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this 91h day of January 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2017-011 EXHIBIT "A" DEV NO. 2016-00016 1 APN: 271-071-10 CC z W W W Q J � � Q z z z - 0 E W ROMNEYA DR D J m O m cc Q 125' z N [V . . . . . . . Ll 124' W VICTOR AVE i W JULIANNA ST 0 o s�o ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +I- two to five feet. - 5 - PC2017-011 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05861 (DEV2016-00016) - 6 - PC2017-011 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMITS 1 A final water quality management plan (WQMP) shall be submitted to the Public Works, Public Works Department and said plan shall address the following items: Development Services • The WQMP shall include additional information infiltration trench configuration, pre-treatment of flows. • The criteria identified in the DAMP in order to allow infiltration to occur on a site must be evaluated and deemed adequate for the determination to be made to infiltrate onsite. • The applicant shall obtain approval for infiltration from the City and from the Orange County Water District. The City will coordinate the review of this proposed infiltration system to obtain comments. • The WQMP and grading plans shall show that flows are conveyed to the infiltration areas. • The WQMP shall show the required pretreatment for any focused infiltration. The pretreatment system may be landscape swales, filter strips or bio -retention areas (rain gardens), prior to reaching the infiltration system. 2 The Owner shall submit a Final Drainage Study prepared by a registered Public Works, professional Civil Engineer in the State of California. The study shall be Development Services based upon and reference the latest edition of the Orange County Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub -area boundaries per the Master Plan for Drainage shall be maintained, including applicable off-site areas. The study shall include an analysis of 10, 25, and 100 -year storm frequencies, an analysis of all drainage impacts to the existing storm drain system based upon the ultimate project build -out condition, and address whether off site and/or on-site drainage improvements (such as detention/retention basins or surface run-off reduction) will be required to prevent downstream and upstream properties from becoming flooded. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 3 All requests for new water services, backflow equipment, or fire lines, as Public Utilities, well as any modifications, relocations, or abandonments of existing water Water Engineering services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. - 6 - PC2017-011 - 7 - PC2017-011 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 4 All existing water services and fire services shall conform to current Water Public Utilities, Services Standards Specifications. Any water service and/or fire line that Water Engineering 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. 5 The developer/owner shall submit to the Public Utilities Department Water Public Utilities, Engineering Division an estimate of the maximum fire flow rate and Water Engineering 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.6 of the Water Utility Rates, Rules, and Regulations. 6 Prior to approval of permits for improvement plans, the property Public Utilities, owner/developer shall coordinate with Electrical Engineering to establish Electrical Engineering electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. 7 The applicant shall enter into and maintain at all times an agreement in a Planning and Building form satisfactory to the City Attorney and the Planning Director, which shall Department, be recorded in the Official Records of the County of Orange and will provide Planning Services shared parking between the Adjacent Parking Parcel and the Medical Office Division Parcel located at 1085 North Harbor Boulevard to support the availability of site sufficient parking to meet the Code -required parking for the Medical Office Parcel located at 1085 North Harbor Boulevard. A copy of the recorded agreement shall be submitted to the Planning Services Division. A copy of the recorded agreement shall be submitted to the Planning Services Division. 8 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim an easement 32 feet in width from the street centerline of Romneya Development Services Drive for road, public utilities and other public purposes. 9 The legal property owner shall irrevocably offer to dedicate to the City of Public Works, Anaheim an easement 30 feet in width from the street centerline of Victor Development Services Avenue for road, public utilities and other public purposes. 10 The legal owner shall submit an application for a Subdivision Map Act Public Works, Certificate Compliance to the Public Works Department, Development Development Services Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. - 7 - PC2017-011 - 8 - PC2017-011 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS I 1 A "Do Not Enter" sign per CAMUTCD standards shall be installed on the Public Works, northern approach to the alley to prevent wrong -way drivers. Traffic Engineering 12 Signs shall be placed in the alleys prohibiting vehicles from parking in the Public Works, alley. Parking in the alleys shall not be permitted. Traffic Engineering 13 Prior to connection of electrical service, the legal owner shall submit Public Utilities, payment to the City of Anaheim for service connection fees. Electrical Engineering 14 Prior to connection of electrical service, the legal owner shall provide to the Public Utilities, City of Anaheim a Public Utilities easement with dimensions as shown on Electrical Engineering the approved utility service plan. 15 The owner shall install an approved backflow prevention assembly on the Public Utilities, water service connection(s) serving the property, behind property line and Water Engineering building setback in accordance with Public Utilities Department Water Engineering Division requirements. 16 Prior to final building and zoning inspections, all required WQMP items Public Works, shall be inspected and operational. Development Services 17 An encroachment license shall be executed by the owner and recorded for Public Works, any private facilities that encroach over the right-of-way line. Development Services OPERATIONAL CONDITIONS 18 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. 19 Minimum recommended lighting level in all parking lots is 0.5 foot-candle Police Department maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1 20 Lighting fixtures shall be of a design which prevents trespass onto adjacent Police Department residential properties. a. For the West wall, full cut-off fixtures with a hood or shield. b. Additional fixtures shall have shielding along the west side. - 8 - PC2017-011 - 9 - PC2017-011 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 21 "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 V in overall size, with white background and black 2" lettering. 22 All entrances to parking areas shall be posted with appropriate signs per Police Department 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request. 23 Marked parking spaces for company Presidents/CEO's shall be eliminated Police Department for safety reasons. 24 The vehicle gate on Victor Avenue shall remain open during all business Public Works, hours. Traffic Engineering 25 Any graffiti painted or marked upon the premises or on any adjacent area Planning and Building under the control of the business owner shall be removed or painted over Department, within 24 hours of being applied. Code Enforcement Division 26 The business shall be operated in accordance with the Letter of Request Planning and Building submitted as part of this application. Any changes to the business operation Department, as described in that document shall be subject to review and approval by the Planning Services Planning Director to determine substantial conformance with the Letter of Division Request and to ensure compatibility with the surrounding uses. 27 In order to prevent conflicts with emergency vehicle access, and vehicular Planning and Building and pedestrian traffic, all vehicular access from the main site to the off-site Department, parking lot is restricted to one-way (southbound only). Planning Services Division 28 There shall be "No Parking" signs in the vehicular access drives north (to Planning and Building Romneya Drive) and south to the new parking lot. Department, Planning Services Division GENERAL CONDITIONS 29 No public water mains or laterals shall be allowed under parking stalls or Public Utilities, parking lots. Water Engineering 30 The Applicant shall defend, indemnify, and hold harmless the City and its Planning and Building officials, officers, employees and agents (collectively referred to individually Department, and collectively as "Indemnitees") from any and all claims, actions or Planning Services proceedings brought against Indemnitees to attack, review, set aside, void, Division 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 - 9 - PC2017-011 -10- PC2017-011 RESPONSIBLE NO. CONDITIONS OF APPROVAL DEPARTMENT 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. 31 The applicant is responsible for paying all charges related to the processing of Planning and Building this discretionary case application within 30 days of the issuance of the final Department, invoice or prior to the issuance of building permits for this project, whichever Planning Services occurs first. Failure to pay all charges shall result in delays in the issuance of Division required permits or may result in the revocation of the approval of this application. 32 The subject Property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the petitioner Department, and which plans are on file with the Planning Department, and as Planning Services conditioned herein. Division -10- PC2017-011