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.
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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.
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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.
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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
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EXHIBIT ~a°A"
CONDITIONAL USE PERMIT NO. 2008-05340
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Source: Recorded Tract Maps andior City GIS.
Please nole the acwracy Is +j- ryJO to five feet.
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EXHIBIT ~~B"
CONDITIONAL USE PERMIT NO. 2008-05340
RESPONSIBL~
N0. FOR
CONDITIONS OF APPROVAL MONITORIlVG
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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.
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RESPONSIBLE
NO. FOR
CONDITIONS OF APPROVAL MONITORING
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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.
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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.
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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.
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