Resolution-PC 2007-41~' •
RESOLUTION NO. PC2007-41
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION `
THAT PETI710N FOR CONDITIONAL USE PERMIT NO. 2006-05174 BE GRANTED
(1477 SOUTH MANCHESTER AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as
PARCEL A:
THAT PORTION OF LOT 7 OF JOSEPH FISCUS SUBDIVISION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, ASSHOWN 0N A MAP
'' RECORDED IN BOOK 8, PAGE 73, OF MISCELLANEOUS MAPS, IN THE-0FFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE 1NTERSECTION OF THE SOUTHERLY LINE OF SAID LOT, -
WITH A LINE PARALLEL WITH AND SOUTHWESTERLY 45:00 FEET, MEASURED AT
RIGHT ANGLES FROMTME SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC
RAILROAD COMPANY'S RIGHT OF WAY PERBOOK 847 PAGE 478; OFFICIAL
RECORDS, SAID INTERSECTION BEING THE SOUTHWEST CORNER OFTHE
lAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA BY DEED
RECORDED OCTOBER 2, 1950 IN BOOK 2081 PAGE 301, OFFICIAL RECORDS;
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LAST MENTIONED DEED,
NORTH 40°52'20" WEST 344.67 FEET; THENCE SOUTH 68°07'51" WEST 467.60
FEET TO THE WEST LINE OF SAID LOT 7; THENCE ALONG SAID WEST LINE. :
SOUTH 0°13'07" EAST 87.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 7;
`THENCE ALONG THE SOUTH LINE OF SAID LOT, NORTH 89°57'10" EAST 654.16
FEET TO THE POINT OF BEGINNING.
EXCEPTION THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN
DOCUMENT AS PARC~L 200428-1 RECORDED SEPTEMBER 16, 1999 AS
INSTRUMENT NO. 99-667699 OFFICIAL RECORDS.
PARCEL B:
THAT PORTION OF LOT 7 OF JOSEPH FISCUS SUBDIVISION, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
REGORDED IN BOOK 8, PAGE 73, MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 2 AS SHOWN ON A MAP RECORDED IN BOOK 91, PAGE 5, IF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN
DOCUMENT AS PARCEL 200428-1 RECORDED SEPTEMBER 16, 1999 AS
INSTRUMENT NO. 99-667699 OFFICIAL RECORDS.
PARCEL C:
PARCEL 1 AND 2, AS SHOWN ON PAGE 3 OF LOT LINE ADJUSTMENT NO. LLA-
0000510 RECORDED MAY 10, 2004 AS INSTRUMENT NO. 2004000408844 OF
OFFICIAL RECORDS OF ORANGE COUNTY, CAUFORNIA.
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WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 30, 2007, at 2:30 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 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 reporfs offered af said hearing, does find
and determine the following facts
1. That theproposed use is properly one for which a conditional use permit is authorized
by Anaheim Municipal Code Section 18.116.070.030 (Educational Institutions - Business and
Nonconforming Structures and Uses - Expansion of Nonconforming Uses and Structures) with waiver of the
follawing provision:
SECTION NO. 18.42.040.010 Minimum number of parkinp spaces
254 spaces required; 188 proposed)
2. That the parking waiver is hereby approved based upon a parking demand study
prepared by LSA Associates and concurred by Rafiq & Associates, the City's Traffic and Parking Consultant,
providing evidence that adequate parking exists on the property for the proposed nursing schooL '
3: That the parking waiver, under the conditions imposed, if any, wilf not cause fewer off-
street parking spaces to be provided for the nursing school than the number of such spaces necessary to
accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions
of operation because the parking study indicates that the peak parking demand for off-street parking spaces
is lower than the quantity provided for the project site (147 spaces needed and 188 spaces proposed).
4. That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion and will not increase the demand and competition for parking spaces upon the public streets in
the immediate vicinity of the use because the commercial retail center and proposed market will have
adequate parking to accommodate the projecYs peak parking demands.
5. That the parking waiver, under the conditions imposed, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate vicinity of the prpposed
use because as indicated in the parking study, adequate parking to accommodate the anticipated project
peak parking demand will be provided on-site.
6. That the parking waiver, under the conditions imposed if any, 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 is physically separated from adjacent private properties. Furthermore,
it has been determined by the parking study that adequate on-site parking spaces are being provided.
7. That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as the parking study has demonstrated that the
site can accommodate the combined uses on site;
8. That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
9. 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 establish a nursing school with waiver of minimum number of
parking spaces; and does hereby approve the Negative Declaration upon finding that the declaration reflects
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the independent judgment of the lead agency and that if has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have'a significant
effect on the environment.
NOW; THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant su6ject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the '
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (1) vear from the date of this
resolution whichever occurs first, the followinq'conditions shall be complied with:
1. That the developer shall submit improvement plans including landscape'and irrigationfor the public
improvements along Manchester Avenue to the Public Works Department, Development Services
Division in conformance with the Anaheim Resort Specific Plan to the extent possible as determined
by the City:
2. That the property owner shall submif a letter requesting termination of Variance No. 2270 (waivers of
maximum number of firee-standing'signs; minimum height of a free-standing sign and permitted ,
location of a freestanding sign) since the subject signs are no longer in'existence.
3. That Anaheim Resort Area water facilities and/or advances to the Public Utilities Department, Water
Engineering Division be provided in accordance with Rule 15E of the Water Utility Rates, Rules and
Regulations.
4. That all new backflow equipment shall be located above ground and outside of the street setback area
in a manner fully screened from all public streets. Any backflow assemblies currently installed in a
vault shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of ;
the street setback area in a manner fully screened from all public streets and alleys. Said information
shall be specifically shown on plans and approved by the Public Utilities Department, Water
Engineering Division.
5. That the applicant shall submit an estimate of the maximum fire flow rate and maximum day and peak
hour water demands for the project to the Public Utilities Department, Water Engineering Division. This
information will be used to determine the adequacy of the existing water system to provide the
estimated water demands.
6. That the legal owner of subject property shaU provide the City of Anaheim with a public utilities
easement (dimensions will vary with electrical design) along/across high voltage lines, low voltage
lines crossing private property and around all pad mounted transformers, switches capacitors, etc for
any new equipment. Said easement shall be submitted to the City of Anaheim prior to connection of
electrical service.
7. That the applicant shall submit plans to the Utilities Department, Resource Efficiency Division for
review and approval which shall ensure that water conservation measures are incorporated as part of
the tenant improvements for the school and the proposed landscape improvements. The water
conservation measures to be shown on the plans and implemented by the applicant may include and
are not limited to the following:
• Use of low-flow sprinkler heads in irrigation systems.
• Use of low-flow fittings, fixtures and equipment, including low flush toilets and urinals.
• Use of self-closing valves on drinking fountains.
• Use of efficient irrigation systems such as drip irrigation and automatic systems which use
moisture sensors.
• Use of irrigation systemsprimarily at night when evaporation rates are lowest.
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• Use of water-conserving iandscape plant materials wherever feasible
8. That a trash enclosure shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. `Said storage areas
shaU 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 one-gallon size clinging vines planfed on maximum three-foot
centers or tallshrubbery. 5aid information shall be specifically shown on the plans submitted for '
building Permits.
9. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476
and maintained to the satisfaction of the'Public Works Department; Streets and Sanitation Division.
Said #urn-around area shall be specifically shown on plans submitted for building permits.
Prior to final buildina'and zoninq inspections the followinq conditions shall be complied with:
10. That the applicant shall install piping onsite with project water mains so that reclaimed water may be,
used for landscape irrigation, if and when it becomes available from the County Sanitation District of
Orange County.
11. That alf requests for new water services or fire lines, as well as any modifications, relocations, or
abandonmenYs of existing water services and fire'lines, shall be coordinated through Water ;
Engineering Division of the Anaheim Public Utilities Department.
12. That since this project is located in the Anaheim Resort Area, installation of large meters and fire line
assemblies must comply with screening requirements of Ordinance Na 5156 and Chapter 18.48 of the
Anaheim Municipal Code.
13. That all existing water services and fire fines 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 if 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.
14. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, Water
Engineering Division, an easement twenty feet in width for water service mains and/or an easement for
large meters and other public water facilities.
15. A Right-of-Way Construction Permit shalt be obtained from the Public Works Department,
Development Services Division for all work performed in the right-of-way. The improvements shall be
constructed prior to final building and zoning inspections.
16. That the applicant shall implement and administer a comprehensive Transportation Demand
Management (TDM) program for all employees. The program shall be submitted to and approved by
the Public Works Department, Traffic Engineering Division.
17. 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 7, and as conditioned herein.
General Conditions:
18. That this school shall operate consistent with assumptions contained in the approved parking study. If
at any such time the operational characteristics of the school change, a detailed description of the
operational changes shall be submitted for review by the City's Traffic andParking Consultant to
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determine if the changes would cause fewer off-street parking-spaces to be provided than the number
of spaces provided on site. If it is determined the expected demand is greater than the spaces
provided on site, an application formodification ofthe conditional use permif shall be submitted to the
Planning Services Division forapproval as required by Cotle.
19. That the property shall be permanently maintained in an orderly fashion through the provision of
regufar landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery.
20. That any required relocation of City electrical facilities'shall be at the developer's expense.
21. That 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) #he modification complies with the Anaheim Municipal,Code and
(iii) the applicantfias demonstrated significant progress toward establishment of the use or approved
development.
- 22. Extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
23. Thaf approval of this application constitutes approval of the proposed requesf 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 Anaheim Planning Commission does fiereby find and
determine that adoption of this Resolution is expressly predicated upon applicanYs 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 30, 2007. Said resolution is subject to the appeal provisions set forth ' Chapter 18.60 "Zoning
Provisions - General" of the Anaheim Municipal Code pertainin ap roced s d ay be replaced
by a City Council Resolution in the event of an appeal.
C , AHEI LANNING COMMISSION
ATf EST:
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SENIOR SECRETARY, ANAHEIM PLANNWG COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY-0F ANAHEIM )
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 #he Anaheim Planning Commission
held on April 30, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ' FLORES
IN WITNESS WHEREOF, I have hereunto set my hand this 1 7 r~ day of
, 2007.
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SENIOR SECRETARY,ANAHEIM PLANNING COMMISSION