Resolution-PC 2005-98~ !
RESOLUTION NO. PC2005-98
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04990 BE GRANTED ,
(1006 WEST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission'did receive a verified Petitionfor Conditional
Use Permif for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1:
THAT PORTION OF LOT 39 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL AND FILED IN THE OFFICE OF-THE COUNTY
RECORDER OF LOS ANGELES COUNTY, CAUFORNIA, COPY OF WHICM IS SHOWN
IN BOOK 3; PAGE 163 AND FOLLOWING, ENTITLED "LOS ANGELES COUNTY MAPS"
IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 39; THENCESOUTHERLY
ALONG THE WESTERLY LINE THEREOF 235.00 FEET; THENCE EASTERLY,
MEASURED AT RIGHT ANGLES TO SAID WESTERLY LINE 257.02 FEET; THENCE `
NORTHERLY ALONG A LINE PARALLEL WITH THE WESTERLYLINE OF SAIb LOT39
TO A POINT IN THE NORTHERLY LINE OF SAID LOT 39, SAID POINT BEING DISTANT
266.08 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID'LOT; THENCE `
WESTERLY ALONG SAID NORTHERLYLINE 266.08 FEET TO THEPOINT OF
SEGINNING:
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF 7HE FOLLOWING
DESCRIBED LINE:
BEGfNNING AT A PO1NT ON THE SOUTM LINE OF SAID LAND WESTERLY 115.21 '
FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY IN A
DIRECT LINE WHICH PASSESTHROUGH A POINT ON A LINE PARALLEL WITH AND
53.00 FEET SOUTHERLY FROM THE NORTH LINE OF SAID LOT 39 AND 82.50FEET
WESTERLY FROM THE EAST LINE OF SAID LAND, TO THE NORTH LINE OF SAID LOT
39. .
ALSO EXCEPT THE NORTH 50.00 FEET THEREOF.
PARCEL 2:
THAT PORTION OF LOT 39 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF
SURVEY MADE BY WILLIAM HAMEL AND FILED IN TME OFFICE OF THE COUNTY
RECORDER OF LOS ANGELES COUNTY, A COPY OF WHICH IS SHOWN IN BOOK 3,
PAGES 163 AND FOLLOWING, ENTITLED "LOS ANGELES COUNTY MAPS", IN THE
OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT SOUTHERLY 235.00
FEET FROM THE NORTHWESTERLY CORNER, THEREOF; THENCE AT RIGHT
ANGLES EASTERLY 282.02 FEET TO THE TRUE POINT OF BEGINNING; TMENCE
NORTHERLY PARALLEL WITM THE SAID WESTERLY LINE TO THE NORTHERLY LINE
OF SAID LOT; THENCE EASTERLY 178.00 FEET ALONG SAID NORTHERLY LINE;
THENCE PARALLEL WITH SAiD WESTERLY LINE SOUTHERLY 100.00 FEET MORE OR
LESS TO THE EASTERLY PROLONGATION OF SAID LINE HAVING A LENGTH OF
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282:02 FEET; THENCE WESTERLY ALONG SAID PROCONGATION TO THE TRUE
POINT OF BEGINNNIG.
EXCEPT THE NORTH 50.00 FEET THEREOF.
ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE LAND DESCRIBED
INTME DEED TO THE ORANGE COUNTY;FLOOD CONTROL DISTRICT, RECORDED
JANUARY 12; 9960 IN BOOK 5050, PAGE 51 OF OFFICIAL RECORDS.
PARCEL 3:
THAT PORTfON OF10T 39 OF ANAHEIM EXTENSION, ASSHOWN ON MAP OF
SURVEY OF WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162
TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE
COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOW S:
BEGINNING AT THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED W THAT
CERTAIN DEED TO THE NORTHERN ORANGE COUNTY COUNCIL BOY SCOUTS OF
AMERICA, INC.,RECORDED MAY 25, 1964 IN BOOK 7057, PAGE 435 OF OFFICIAL
RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG THE
EASTERLY LINE OF SAID ~AND AND ITS NORTHERLY PROLONGATION TO THE
` NORTHERLY LINE OF SAID LOT 39; THENCE EASTERLY ALONG SAID NORTHERLY
LINE OF LOT 39 TO ITS INTERSECTION WITH THE NORTHERLY PROLONGATION OF
THE WESTERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN DEED TO THE '
NORTHERN ORANGE COUNTY COUNCIL BOY SCOUT OF AMERICA, INC.,
RECORDED MAY 25, 1964 IN BOOK 7057, PAGE 433 OF SAID OFFICIAL RECORDS;
THENCE SOUTHERLY ALONG SAID NORTHERLY PROLONGATION OF SAID
WESTERLY LINE AND ALONG SAID WESTERLY LINE TO THE SOUTHWESTERLY
CORNER OF SAID LAND DESCRIBED IN BOOK 7057, PAGE 433; THENCE WESTERLY
IN A DIRECT LINE TO THE POINT OFBEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 27, 2005, at 2:00 p.m., notice of said hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures'', to
hear and consider evidence for and against said proposed conditional use permit; 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. That the proposed ambulatory surgery facility is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section No. 18.08.030.010 with waivers of the following:
(a} SECTION NO. 18.06.060.010.0102 Minimum front yard setback. (15 feet
required along La Palma Avenue; 12 to 27
feet proposed)
(b) SECTION NO. 18.42.040.010 Minimum number of parkinq spaces. (41
required; 29 provided)
2. That the use of the property as an ambulatory surgery facility would not adversely affect the
adjoining land uses and the growth and development of the area in which it is located.
3. That the size and shape of the site is adequate to allow full development of the use in a
manner not detrimental to the particular area nor to the peace, health, safety and general welfare.
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4. That the traffic generated by the proposed use would not impose an undue burden upon the
streets and'highways designed and improved to carry the traffic in the area.
5. That granting of this conditional use permit, under the conditions imposed, will not be ,
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to permit an ambulatory surgery center and finds no significant
environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding
by the Commission that the Negative Declaration reflects the independent judgmenf of the lead agency; and ,
that it has considered the proposed Negative Declaration together with any comments received during the
public review process and further finding on the basis of the Inifial Study and any comments received that
there is no substantial evidence that the project will have a significant effect on the environment.
NOW, ?HEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
#ound to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be
paid. ,
2. That the developer shall submit a cash payment in an amount determined by the City Engineer
sufficient tofund required street widening improvements along La Palma Avenue. The cash payment shall be
paid to the Public Works Department, Development Services Division.
3. That the property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance shall
be approved by the City Engineer and recorded in the office of the County Recorder.
4. That a fot line adjustment sha11 be submitted to the Public Works Department, Development
Services Division to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved by
the City Engineer and recorded in the office of the County Recorder.
5. That prior to approval of a grading plan, the applicant shall submit to the Public Works
Department Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing
impervious areas, maximizing permeability, minimizing directly connected impervious
areas, creating reduced or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage
Area Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the Treatment
Control BMPs.
• Identifies the entity that will be responsible for long-term operation and maintenance of
the Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the
Treatment Control BMPs.
6. That prior to final building and zoning inspections, the applicant shalL•
• Demonstrate that all structural BMPs described in the Project WQMP have been
constructed and installed in conformance with approved plans and specifications. ,
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• Demonstrate that the applicant is prepared to implement all non-structural BMPs
described in the Project WQMP
•` Demonstrate that an adequate number of copies of the approved Project WQMP are
available onsite.
• Submit for review and approval by the City'an Operation and Maintenance Plan for all
structural BMPs.
7. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standard No. 115. Said information sha41 be specifically shown
on plans submitted for building permits.
8. That gates shall not be installed across the driveway in a manner which may adversely affect
vehicular traffic in the`adjacent public street. Installation of any gates shall conform toEngineering Standard
Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior
to issuance'of a building permit.
9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign
or wall/fence locations.
10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470
pertaining to parking standards and driveway locations. No compact parking spaces shall be permitted. Subject
property shall thereupon be developed and maintained in conformance with said plans
11. That no required parking area shall be fenced or otherwise enclosed for storage uses.
12. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail
No. 476 and shown on plans as required by the Department of Public Works, Sanitation Division. Said
information shall be specifically shown on plans submitted for building permits.
13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted to the Public Works Department, Streets and Sanitation Division for review and approvaL
14. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans
submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e.
landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review
and approval of the appropriate City departments
15. That all requests for new water services or fire lines, as well as any modifications, relocations,
or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering
Division of the Anaheim Public Utilities Department.
16. That all existing water services and fire lines 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 shaU
be responsible for the costs to upgrade or to abandon any water service or fire line.
17. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal
Code. Said information shall be specifically shown on plans submitted for building permits.
18. That the entire property shall be permanently maintained in an orderly fashion by providing
regular landscape maintenance, removal of trash or debris, and removal of graffiti within finrenty-four (24) hours
from tlme of occurrence.
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19. That any tree planted on-site shall be replaced in a timely manner in the event that it is
removed, damaged, diseased and/or dead.
20. That if required by the Urban Forestry Division of the Community Services Department, street
trees shall be installed, by the property owner, within the public right-of-way adjacent to La Palma Avenue. The
size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the
Community Services Department.
21. That all air conditioning apparatus and other roof and ground-mounted equipment shall be
properly shielded from view from the public right-of-way. Such information shall be specifically shown on the
plans submitted for building permits. --
22. That final landscape and fencing plans shalC be submitted to the Planning Services Division
for review and approval. Said plans shall show minimum 24-inch box size trees, shrubs, groundcover, and
clinging vines to be planted in layers adjacent to La Palma Avenue and vines along any perimeter fencing. Any
decision made by the staff regarding said plan maybe appealed #o the Planning Commission as a"Report and
Recommendation" item. All trees shall be properly and professionally maintained by the property owner to
ensure mature, healthy growth. Such information shall be specificallyshown on the plans submitted for building
permits.
23. That the parking lot serving the premises shall be equipped with lighting of sufficient power
to ilfuminate and make easily discernible the appearance and conduct of all persons on or about the parking
lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasona6ly
illuminate the windows of nearby residences. Said information shall be specifically shown on plans
submitted for building permits.
24. ' That trash storage areas shall be provided and maintained in alocation acceptable to the Public
Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable
from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by
the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or
tall shrubbery. Said information shall be specifically shown on the pfans submitted for building permits.
25. That final sign plans shall be submitted to the Planning Services Division for review and
approval. The sign plans shall demonstrate compatibility with the design and materials of the medical
building. Any decision by staff regarding the sign plan may be appealed to the Planning Commission as a
"Reports and Recommendations" item.
26. That an unsubordinated restricted covenant providing for twelve (12) off-site parking spaces,
approved by the City Traffic and Transportation Manager and Planning Services Division and in a form
satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of
the recorded covenant shall then be submitted to the Planning Services Division, and that the covenant shall
be referenced in all deeds transferring all or any part of the interest in the property.
27. That the granting of the parking waiver is contingent upon operation of the use in
conformance with the assumptions and/or conclusions relating to the operation and intensity of use as
contained in the parking demand study that formed the basis for approval of said waiver. Exceeding,
violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained
in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said '
waiver which shall subject this permit to termination or modification pursuant to the provisions of Section
18.60.200 of the Anaheim Municipal Code.
28. That the owner of the subject property shall submit a letter requesting termination of
Variance No. 834 (to construct administrative offices for a Boy's Center) to the Planning Department.
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29. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 6; and as conditioned herein. :
30. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 7, 8, 9, 10, 12; 13, 14, 17, 21, 22, 23, 24, 25, 26
and 29, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
31. That prior to final building and zoning inspections, Condition Nos. 6, 20, and 31,
above-mentioned, shall be complied with.
32. 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 ITfURTHER RESOLVED that the AnaheimPlanning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon the applicanYs compliance with each
and all ofthe 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.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of .
the Anaheim Municipa{ Code pertaining to appeal procedures an i:y~replace ` i Council
Resolution in the event of an appeaL ~~ A _.
IRMAh,YAN~4HEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAMEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on June 27, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FLORES; KARAKI; PEREZ, P. ROMERO, VELASQUEZ
NOES: 'COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WHEREOF, I have hereunto set my hand this ~ 1 T'~day:of
, 2005.
a,s~._ .~~ylV'1 ~..o
SENIOR SECRETARY,'ANAHEIMPLANNING COMMISSION
PC2005-98