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Resolution-PC 2008-97RESOLUTION NO. PC2008-97 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 3 AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05340 (1311 S. Anaheim Boulevard) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit to permit the conversion of an existing four-unit aparhnent building into a one- unit medical office building for certain real property situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by this reference. WHEREAS, this property is currently developed with a four-unit, single-story apartment building within the C-G (SABC) (General Commercial - South Anaheim Boulevard Corridor Overlay) zone, and the Anaheim General Plan designates this propedy for Medium Density Residential land uses; and WHEREAS, the applicant has requested to permit the conversion of a four unit apartment building into a medical office building pursuant to Code Section 18.08:030 of the Anaheim Municipal Code; and WHEREAS, the proposed request to permit the conversion of the apartment building to medical offices includes a waiver of the Following: (a) SECTION 18.42:040. O10 Minimum reauired parkin~spaces. ~paces required; 17 soaces proposed) WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 13, 2008, at 230 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 "Procedures", to hear and consider evidence for and against said proposed request and to investi~ate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, affer 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 request to permit the conversion of an existing residential structure for commercial purposes such as medica] office uses in the C-G zone is properiy one for which a conditional use permit is authorized under Code Section 18.08.030.040.0402 of the Anaheim Municipal Code. 2. That the proposal, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the medical office building will be oriented toward Anaheim Boulevard and the existing commercial center to the north and the proposal will improve existing site conditions with building improvements and additional landscaping. - 1 - PC2008-97 The medical office uses will provide a lpgical transition between the existing commercial center to the north and existing apartment uses to the west and south. 3. That the size and shape oF the site for the use is adequate to allow the use in a manner not detrimental to either the particular azea or health and safety as the property is fully developed. 4. That the traffic generated by the use of the property for medical offices will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use pertnit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That the uariance will not cause fewer off-street parking spaces to be provided for the proposed medical office than the number of spaces necessary to accommodate all vehicles for the facility because of the high use of public transportation of the clientele of the medical office and the limitations of the number of appointments that will be scheduled at any given time. 7. That the variance wili not increase the demand and competition for pazking spaces upon adjacent private property in the immediate vicinity of the proposed medica] office because there are an adequate number of parking spaces proposed on-site to accommodate the demand of the medical office. 8. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3(Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve Conditional Use Permit No. 2008-05340 with fewer parking spaces than required by Code subject to 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 subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the houxs of operation or duration of the use. Amendments, modifications, and revocations of this permit may be processed in accordance with Chapters I$.60190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RBSOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolukion is expressly predicated upon applicant's 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. - 2 - PC2008-97 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. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 13, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ---- CHAIRMA ANA EI LANN G COMMISSION ATTEST: SENIOR S~RETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORAIIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 13, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FAESSEL, KARAKI, RAMIREZ, ROMERO NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: AGARWAL, BUFFA _ IN WI1"NESS WHEREOF, I have hereunto set my hand this 16`h day of October, 2008. ~-~, SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2008-97 EXHIBIT ~a°A" CONDITIONAL USE PERMIT NO. 2008-05340 ~ ~~~ ~~ ia„~ Source: Recorded Tract Maps andior City GIS. Please nole the acwracy Is +j- ryJO to five feet. - 4 - PC2008-97 EXHIBIT ~~B" CONDITIONAL USE PERMIT NO. 2008-05340 RESPONSIBL~ N0. FOR CONDITIONS OF APPROVAL MONITORIlVG ~y . .. 6,~~~ ~ . ~,p ,~v ~t ~-~+µ~~^ d /-f .- ~+f~}~ ~y , , .~:^e ~:;. .~F~t~', ,. F" ~,~i~~tl'~4/.~ ~L,` ~E.j~F.~~~'G ~~'!~~S-Tk}„~&,~~~_., r s~ -t~.r's"~~~`a~"~,,.s.as~.. rr N ~, ~;: N ~w ~3 ~ ~' ^~ ~` ..,:;s.c:.~fl~r,~,.:~v,~,'~ 1 That prior to the issuance of a building permit, the applicable Citywide Public Works Traffic Impact Fee equaling the difference between the office and residential assessment fees shall be paid to the City of Anaheim, in an amount established by the City Council Ordinance/Resolution. This fee will be used to fund traffic and transportation improvements within the area impacted by this project. Said fee shall be subject to adjustment by the City Council. 2 That prior to the issuance of a building permit, trash enclosure details Public Works shall be submitted to the Public Works Streets and Sanitation Division for review and approval. Trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage azeas shall be designed, located and screened so as not to be readily identifiable to adjacent sheets 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 sized clinging vines planted on maximum three foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for building permits. 3 That prior to the issuance of a building permit, building colors and Planning materials and a precise landscape plan shall be submitted to the Planning Department for review and approval. In order to deter graffiti all, plans sfiall inciude climbing vines or other screening as appropriate on new and existing fences and walls which face streets, alleys or parking areas. 4 That prior to the issuance of a building permit, the applicant shall pay Publac Utilities applicable underground utilities fees to Electrical Engineering per the adopted electrical rates, rules and regulations and other applicable fees if service changes or upgrades as required. 5 That prior to issuance of a building permit, a complete set of approved Public Utilities plans shall be submitted for review to Electrical Engineering. Any required relocation of City electrical facilities will be at property owner/developer expense. Landscape and/or hardscape screening of all pad mounted equipment will be required and shall be outside the easement area of the equipment. The overhead electrical electrical facilities within the project boundary may require relocation and/or undergrounding. - 5 - PC2008-97 RESPONSIBLE NO. FOR CONDITIONS OF APPROVAL MONITORING l. /.~~L ~c ~ L ~~~~uM`{CN' ~~. . f!'~' 1':I ~ ~~~ ~~l~LEY A.1 E~ ~~~~~~~~~~ t Y " l^ '~d ~C~ yy Y6 f i' Y '" + ? ? , a,,., o . .~,., ,.._ .c~.-en „ v .., ,...s .. .,r... .a ~,o...~~,..., 2. .,_.?- 6 That all existing water services and fire lines shall conform to current Public Utilities 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 shall be responsible for the cpsts to upgrade or to abandon any water service or fire line. /~~"~L?y~5 ~~~ ~.4~•/~'t+tlS`.~^u~i•~j_3f ~:.~.4Y.j ~~~i~'~"WVSh v~J~~`"~i~b~qlG ~`..^ / ..~.,s, ~'1~+, i'~ .k uF~S<~f: 1 r~v m..4[~e,.m-,> 5-..-.~s f'~i .V e~f rx2' ''u~~ ~~`XS+. ~ ti c>" ~ % ~ I f` f'f I 'i ~ .::~' ~i :~ u/ :. : d" ~ . ~ , . . .v.. > . ., . , w .~ 7 That on-going during project operation, no required parking areas shall Planning be fenced or otherwise enclosed for outdoor storage uses. 8 That four foot high street address numbers shali be displayed on the roof Police of the building in wntrasting color to the roof material. The lines of the numbers aze to be a minimum of six inches thick. Numbexs should be spaced 12 to 18 inches apart. Numbers should face the street to which the structure is addressed, The numbers shall not be visible to adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 9 Signs and addresses shall be well lighted during hours of darkness. Police 10 Adequate lighting oFparking lots and associated carports, shipping and Police receiving areas, driveways, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of a minimum 1 foot candle to provide adequate illumination to make clearly visible the presence of any person on or about the premises Planning during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said lighting shall be directed, positioned ad shielded in such a manner so as not to unreasonable illuminate the windows of nearby businesses. i l That the applicant shall maintain on file an Emergency Listing Card, Police Form APD-281, with the Police Deparhnent. 12 That all trash generated from this medical office facility shall be Planniog properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Deparhnent shall determine the need for additional bins or additional pick-up. All costs for inoreasing the number of bins or frequency of pick-up shall be paid by the business owner. - 6 - PC2008-97 RESPONSIBLE NO. FOR CONDITIONS OF APPROVAL MONITORING 13 That the property shall be permanently maintained in an orderly fashion Planning by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four hours from time of occurrence. 14 Any new roof-mounted equipment shall be completely screened from Planning view from all directions in compliance with Section 1838.170 of the Anaheim Municipal code. Said information shail be specifieally shown on plans submitted for building permits. 15 That subject property shali be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning DeparCment marked Exhibit Nos. 1 through 6, and as conditioned herein. 16 Timing for compliance with conditions of approval may be amended by ' Planning the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original inteot and purpose of the condition(s), (ii) Yhe modification complies wiYh the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 17 Extensions for further time to complete conditions of approval may be Planning granted in accordance with section 18.60.170 of the Anaheim Municipal Code. 18 Approval of this application constitutes approval of the proposed request Planning 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. - 7 - PC2008-97