Resolution-PC 2017-060RESOLUTION NO. PC2017-060
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AMENDMENT TO
CONDITIONAL USE PERMIT NO. 3640 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2015-00003B)
(1731 WEST MEDICAL CENTER DRIVE)
WHEREAS, on September 30, 1985, the Planning Commission adopted Resolution No.
85-216 approving Conditional Use Permit No. 2720 (herein referred to as the "Original CUP") to
construct a 179 -unit senior citizen's retirement facility and a 99 -bed skilled nursing facility with
waiver of required lot frontage; and
WHEREAS, on November 21, 1988, the Planning Commission adopted Resolution No.
88-322 modifying Conditional Use Permit No. 2720 to approve waivers of (a) minimum number
of parking spaces for Parcel No. 1 and (b) required height and type of fence for Parcel Nos. 1 and
2 to complete construction of the facility (herein reffered to as the "First Amendment to the
Original CUP"); and
WHEREAS, on November 1, 1993, the Planning Commission adopted Resolution No. 93-
119 approving Conditional Use Permit No. 3640 (herein referred to as "CUP 3640") to permit a
16 -unit (l6 -bed) expansion to an existing 179 -unit (206 -bed) senior citizen's retirement facility
with waiver of minimum number of parking spaces; and
WHEREAS, on August 10, 2015, the Planning Commission adopted Resolution No. 2015-
056 approving Conditional Use Permit No. 3640A (herein referred to as CUP 364013") to permit a
58 -unit expansion to an existing 194 -unit senior citizen's retirement facility with fewer parking
spaces than required and a higher floor area ratio (FAR) than permitted by the Zoning Code; and
WHEREAS, the Original CUP, the First Amendment to the Original CUP, CUP 3640 and
CUP 3640B shall be referred to herein collectively as the "Existing CUP"; and
WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as
the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 3640B
to approve an amendment to the Existing CUP to modify Condition of Approval No. 9 to allow
two existing vehicle gates to remain on-site (herein referred to as the "Proposed Project") for
certain real property located at 1731 West Medical Center Drive 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 is located in the "CG" General Commercial Zone and is subject
to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the
Anaheim Municipal Code ("Code"). The Anaheim General Plan designates this Property for
Institutional land uses; and
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 10, 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 of the Code, to
bear 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 (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
WHEREAS, the Planning Commission finds and determines 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. 3640B, does find and determine
the following:
1. The request to amend a conditional use permit to modify a condition of approval
pertaining to vehicular gates is authorized under Section 18.60.190 of the Code; and
2. The Proposed Project will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located based on the data in the
Supplemental Report and conclusions reached by the parking engineer. Because the gates will be
open from 6 a.m. to 5 p.m. there will be no impact to adjoining land uses, or the growth and
development of the area; and
3. The size and shape of the site is adequate to allow the full development of the
Proposed Project in a manner not detrimental to the particular area or to the health and safety
because when the gates are closed during the evening hours the supply will be adequate for the
reduced demand; and
4. The traffic generated by the Proposed Project will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area because the
requested amendment to the condition of approval would not generate additional traffic to the area
and will not exceed the anticipated volumes of traffic on the surrounding streets and adequate
parking will be provided to accommodate the use; and
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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 be integrated with the surrounding commercial area and would not pose a health or safety
risk to the citizens of the City of Anaheim or the adjoining City.
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. 3640B contingent upon the conditions of approval set forth
in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of
Approval"); and
BE IT FURTHER RESOLVED that, effective upon the date of this Resolution, the Revised
Conditions of Approval hereby amend the Original Conditions of Approval in their entirety. All
references to the conditions of approval for the Original CUP, as amended by Conditional Use
Permit No. 3640B, shall be to the Revised Conditions of Approval attached to this Resolution as
Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use
Permit No. 364413; and
BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations,
the Planning Commission does hereby approve Conditional Use Permit No. 3640B, contingent
upon and subject to the Revised Conditions of Approval, which are described in Exhibit B, and
attached hereto and incorporated herein by this reference. Said conditions 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 maybe 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.
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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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of July 10, 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.
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
CHAIRPERSON, 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 July 10, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE,
KEYS, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: LIEBERMAN
IN WITNESS WHEREOF, I have hereunto set my hand this I Oh day of July, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2015-00003B
APN: 072-150-72
072-150-76
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Source- Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 3640B
(DEV2015-00003B)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1
The applicant shall execute and record a Covenant and Agreement to Hold
Planning & Building,
the Property as one parcel for Building Requirements in a form satisfactory
Building Division
to the Building Official and the City Attorney. The Covenant shall be
reviewed and approved by the Bulding Official and the City Attorney prior
to its execution and recordation in the Official Records of the County of
Orange. A copy of the recorded Covenant shall then be submitted to the
Planning Department.
2
Landscaping plans shall show plant materials adequate to screen existing
Planning & Building,
equipment within the front setback. Any new equipment shall be located
Building Division
outside of setbacks and screened by plant materials if visible to the street.
3
Building plans shall demonstrate that curbs adjacent to the drive aisles shall
Public Works, Traffic
be painted red to prohibit parallel parking in the drive aisles. Red curb
Engineering Division
locations shall be clearly labeled on building plans. All existing conflicting
signage shall be removed.
4
Building plans shall demonstrate that fire lanes shall be posted with "No
Public Works, Traffic
Parking Any Time." Said information shall be specifically shown on plans
Engineering Division
submitted for building permits. All existing conflicting signage shall be
removed.
PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS
5
All required WQMP items shall be installed, operational and inspected by
Public Works,
the City.
Development Services
Division
6
Prior to final building and zoning inspections, the property owner/developer
Planning & Building,
shall submit to the Planning and Building Department a letter from a licensed
Planning Services
landscape architect certifying that all landscaping and irrigation systems
Division
have been installed in accordance with the approved landscaping plans.
7
Gates limiting access to the northerly parking area shall remain open
Planning & Building,
between the hours of 6:00 a.m. and 5:00 p.m., daily.
Planning Services
Division
8
Pavement markings indicating employee, visitor and resident parking spaces
Planning & Building,
shall be painted on the appropriate parking spaces.
Planning Services
Division
9
Electrically operated gates shall be provided with a Knox override switch
Fire Department
located on the entry side of the gate in an approved location and shall be
provided with an approved remote opening system that is controlled by an
approved public safety radio frequency.
GENERAL CONDITIONS
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
10
The Applicant shall defend, indemnify, and hold harmless the City and its
Planning & Building,
officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees') from any and all claims,
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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.
11
The applicant is responsible for paying all charges related to the processing
Planning & Building,
of this discretionary case application within 30 days of the issuance of the
Planning Services
final invoice or prior to the issuance of building permits for this project,
Division
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.
12
The subject Property shall be developed substantially in accordance with
Planning & Building,
plans and specifications submitted to the City of Anaheim by the petitioner
Planning Services
and which plans are on file with the Planning Department, and as conditioned
Division
herein.
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