Resolution-PC 2009-056RESOLUTION NO. PC2009-056
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CLA3S 1 CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05301 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2008-43
(TRACKING NO. 2009-05419) BE GRANTED
(1085 NORTH HARBOR BOULEVARD)
WHEREAS, on March 3l, 2008, the Anaheim Planning Commission did adopt
Resolution No. PC2008-43 approving Conditional Use Permit No. 2008-05301 to perniit a
medicaUclinical researcb facility for certain raal property situated in the CiYy of Ahal~eim,
County of Orange, State of California, shown on ExhibiC "A", attached hereto and incorporated
herein by this reference;
WHEREAS, Resolukion No. PC2008-43 includes tbe followiug conditions of
approval perCaaning to length of overnight stays for study volunteers and reqviring a licensed
pbysician to be on-site during the study trials:
"2. That the clinical research facilities shall not exceed more than 20 beds for Che
purpose of overnight stay of study volunteers as shown on plans dated January
28, 2008 and on file with the Planning Services Division. Overnight stays by
study volunteers shall be ]imited to no more two nights consecutively in a
seven day period."
"3. ThaC during all cliaical research trials and ovemight stays involving study
volunteers, a California licensed pbysician shall be in atYendance with a
minimum of one support staff inember for every 14 study volanteers."
"9. Hours of opezaCion shall be limited to Monday through Saturday 7:00 a.m. to
10:00 p.m. with the exception that clinical research involving overnight stays
by study volu~teers shall be allowed with physician superv3sion and medical
support staff in attendance daring such periods."
WIIEREAS, Chis groperty is currently developed with a medical research office
building within the General Commercial zone and the Anaheim General Plan designates this
property for Low Medium Density Residendal land uses; and
WHEREAS, tYie Anaheim City Planni~g Commission did receive a veritied
Petition to amend Conditional Use Permit No. 2008-05301 (Tracking No. CUP2009-05419) to
amend Conditions of Approval Nos. 2, 3 and 9 of ResoluCion No. PC2008-43 to allow ovemight
stays for up to 30 consecutive days and to allow California licensed physicians to be either in
attendance or on call for Che overc~ight trials; and
- 1 - PC2009-056
WIIEREAS, the Plaoni~g Cpmmissiou did hold a public hearing aC the Civic
Center in the City of Anaheim on May 27, 2009, ak 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
amendment to the conditional use permit and to investigaCe and make findings a~d
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by iYSelf and in its behalf, and after due cousideration of all evide~ce and reports offered aC said
hearing, does find and determine the following facts:
1. That tY~e propased amendment to Couditionai Use PermiC No. 2008-05301 to
amend conditions of approva] is authorized by Anaheim Mnnicipal Code Sectiou 18.60190.030
(Major Amendments).
3. That the permiC, as proposed for amendment, wo~ld not adversely affect the
adjoining residential and commercial land uses and the growth and development of the area in
which it is proposed to be locaCed because the property is currendy improved with an existing
medical research facility and no expansion of the medical research facility is proposed.
3. That the size and shape of the site is adequate to allow ihe full development of the
proposed nse in a manuer not detrimental to the particular area nor Yo tt~e health, safety and
general welfare of the public because the property is currently improved with an medical
research facility, no expansion of the medicaJ "research facility square footage is proposed and no
variances from the GG zone development standards are requested in connection with this
amendme~t to the condiYional use permiC.
4. ThaC the traffic generated by Yhe permit, as proposed for amendment, would not
impose an undue burden upon the streets and highways designed and improved to carry the
traff'ic in the area as a parking demand study was prepared by the City's traff'ic consultanC in
January 3008, to determine the required parking demand for this use. It was concluded that the
facility required 46 parking spaces and 48 parking spaces are existing.
5. Tl~at granting this amendment to the conditional use permit, under the condiYions
imposed, will not be deCrimental to Che peace, health, safety and general welfare of the citizens af
the City of Anaheim.
NOW, TFIEREFORE, BE IT RESOLVED that tbe AnaUeim City Planning
Commission has reviewed ttie proposed amendment to Conditional Use Permit No. 2008-05301
(Tracking No. CUP2009-05419) and does hereby find that a Class 1(Existing Facilities)
Categorical Exemption is adequaYe to serve as the required enviranmental docume~tation in
connecCion with this request.
BE IT FURTHER RESOLVED t6at the Anaheim Cicy Pla~ning Commission, for
the reasons hereinabove stated, does bereby approve the amendment to Conditional Use Perznit
- 2 - PC2009-056
No. 2008-Q5301 (Tracking No. CUP2009-05419) to amend Conditions of Approva] Nos. 2, 3
and 9 adopted in connection with Resolution No. PC2008-43 as follows:
"2. The clinical research faciliCies shall not exceed more than 20 beds for the
purpose of overnight stay of study volunteers as shown on plans dated January
2$, 2008 and on file with the Planning Services Division. Ovemight stays by
study volunteers shall be limited to a maximum of 30 consecutive days."
"3. D~ri~g all clinical research trials and overnight stays involving sYudy
volunteers, a Califomia licensed physician shall either be in attendance or on
call with a minimum of one support staff inember for every 14 study
volunteers."
"9. Hours of operation shall be limited to Monday through Saturday 7:00 a.m. to
10:00 p.m, with the exception [hat clinical research involv4ng overnighC sYays
by study volunteers shall be allowed with physicians either in attendance or on
call and medical support skaff in attendance during such periods."
BE IT FURTF3ER RESOLVED that the AnaYxeim CiCy Planning Commission for
the reaso~s hereinabove stated does hereby ame~d, in their entirety, tbe conditions of approval
adopted in connection with Planning Commission Resolution No. PC200&-43, as adopted in
connaction with Conditional i3se Permit No. 2008-05301, as desaribed in Exhibit "B" aTCached
hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite
to the progosed use of Che subject praperty in order Yo preserve the health, safety and general
welfare of the Citizens of the City of Anahei~.
BE IT FURTHER RESOLVED that, except as expressly amended herein, the
provisions of Planning Commission Resolution No. PC2008-43 adopted in connection with
Co~ditiooal Use Permit No. 2D08-05301 shall remain in fall force and effecC.
BE IT FURTHER RESOLVED, that this permit is approved without limitations
on the duration of the use. Amendments, modifications and revocations of this permit may be
processed in accordance with Chapters 18.60.190 {Amendment to Perm3t Approval) of Che
Anaheim Municipal Code.
BB 3T FCTR3'HER RESOLVED that the Anaheim City Planning Commission
does hereby find and deCernune that adoption of t6is Resoiution is expressly predicated upo~
applica~t's compliance with each and all of the conditions hereinabove set fqrth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdaction, then this Resolution, and any approvals herein wntained,
shall be deemed null and void.
BE IT F[JRTHER RESOLVED thac approval of this application const9tates
approval of the proposed requesC o~ly Co the exCent that complies with the Anaheim Municipal
Zoning Code and any other applicable CiCy, StaYe and Fefleral regulations. Approval does oot
- 3 - PC2009-056
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 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 alI charges shall result in delays in the issuance of required
permits or Yhe revocaYion of the approval of this applicaYion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 27, 2009. Said resolution is subject to the appea( provisions set forth in Chapter
18.60, "Zoning Provisions - General" of the Anaheim Municipal Code peRaining to appeal
procedures and may be replaced by a City Council Resolution in the evefit of a9,appeal.
CHAIRMAN,
ATTEST:
v ~
CITY PLAT~lN[NG COMMISSION
Y, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
C[TY OF ANAHE[M )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
City Planning Commission held on May 27, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI,ROMERO
NOES: COMM[SSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
[N WITNESS WHEREOF, I have hereunto set my hand this 27"' day of May, 2009.
~ ~ v -
SENIOR ~ CEZETARY, ANAHEIM CITY P N~NG COMMISS(ON
- 4 - PC2009-056
EYfIIBIT ~~a~~
CONDITIONAL iTSE PERMIT NO. 2009-05419
~
~
x
c~
w
J
Q
~
ROMNEYA DR
VICTOR AVE
1 . . . so mr~ . .. . . . . . .. . . . . . . . .. .
r r~
CARL KARCHER WAY
L,q
0
>
J
m
~
~
m
~
Q
_
Source: Recorded Tract Maps and/or Ciry GIS.
Please note the accurecy is +/- two to flve feet.
105~3
- 5 - PC2009-056
•,~ .
~q ~
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2008-05301
(TRACKING NO. CUP2009-05419)
Responsible for
No. Conditions of Approval Monitoring
~~~~NE12AL ~, ~;, ~ ~. ; ~ ,,
1 No medical marijuana daspensary or facility shall be Police
' established or allowed by this permit in contravention of ,
! Chapter 4.20 of the Anaheim Municipal Code.
2 The clinical research faciliYies sball not exceed more than 20 Plaoning
beds for the purpose of ovemight stay of study volunteers as
~~ shown on plans dated 7anuary 28, 2008 and on £ile with the
Planning Services Divisian. Overnight stays by stvdy
volunteers shall be limited to a masimum of 30 consecutive
days.
3 During all clinical research trials and overnight stays Planning
involving study volunteers, a California licensed physician
shall either be in attendance or on call with a minimum of
one support staff inember #or every 14 study volunteers.
~ The number of parking spaces provided shall be a minimum Planning
of 48 off-street parking spaces at the subject property as
specified by the parking demand st~dy prepazed for Yhe City
dated January 2008, aod on file with Planning Services
Division.
5 The parking lot serving the premises shall be equipped with Planning
lighting of a ntinimum 1-foot aandle Co illu~ninate and make
' easily discernible the appearance and conduct of all persons
on or about the parking lot, or using the exterior building
II entryways. AddiCSonally, the position of sucb lighting shall
not disturb the normal privacy and use of any neighboring
residences.
6 The property shall be maintained in an orderly fashion by Code
providing regular landscape maintenance, removal of trash Enforcement
or debris, and removal of graffiti within twenCy-four (24j
hours from time of occunence.
- 6 - PC2009-056
Responsible for
No. Conditions of Approval Monitoring
7 All ctinical research pharmaceutical producCS used shall be Public Works
; properly disposed of withoat using the b~ilding toilet ar City
saniYary sewer system as a means of disposal.
8 The subject property shall be developed substantially in Planning
accorda~ce with plans and specifications submitted to the
City of Anaheim by the peCitioner and which plans aze on file .
wiCh Che Planning Department marked Exhibit Nos. 1 '
through 5, and as conditioned herein.
9 Hoars of operation shall be limited to Monday through Planning
Sat~rday 7:00 a.m. to 10:00 p.m. with the exception tY~aC
clinical research involving overnight stays by sCudy
volunteers shall be allowed with physicians either in
actendaoce or on call and medieal support staff in attendanee
' during such periods.
- 7 - PC2009-056