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Resolution-PC 2012-043RESOLUTION NO. PC2012 -043 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2011-05583 AND APPROVING, IN PART, AND DENYING, IN PART, VARIANCE NO. 2011 -04881 (DEV2011- 00128) (1000 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for (i) a Conditional Use Permit to permit and retain an existing office trailer and an existing Magnetic Resonance Imaging (MRI) trailer in conjunction with an existing office building (herein referred to interchangeably as the "Conditional Use Permit" or "Conditional Use Permit No. 2011 - 05583 ") on that certain 1.07 -acre parcel of land commonly known as 1000 South Anaheim Boulevard in the City of Anaheim (the 'Property "), (ii) a variance to permit 90 parking spaces, which represents fewer than the minimum of 100 parking spaces required by Section 18.42.040.010 of the Anaheim Municipal Code for the Property (herein referred to as the 'Parking Variance "), and (iii) a variance to permit and retain an existing 6 -foot high perimeter fence within the required landscape setback on the Property adjacent to Anaheim Boulevard that exceeds the three -foot maximum fence height permitted by Section 18.60.190 of the Anaheim Municipal Code (herein referred to individually as the "Fence Variance" and collectively with the Parking Variance as "Variance No. 2011-04881 "); and WHEREAS, the Property is developed with an office building and is located in the General Commercial (SABC) South Anaheim Boulevard Corridor Overlay zone and is designated for Office -Low land uses in the Anaheim General Plan; and WHEREAS, this Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 16, 2012 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said proposed Conditional Use Permit No. 2011 -05583 and Variance No. 2011-04881 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, this Planning 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 with respect to proposed Conditional Use Permit No. 2011- 05583, found and determined as follows: 1. The proposed Conditional Use Permit is properly one for which a conditional use permit is authorized under Section 18.08.030.040.0402 of the Anaheim Municipal Code.. 2. The proposed Conditional Use Permit, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the existing office building and trailers are surrounded by commercial and - 1 - PC2012 -043 office uses to the west, south and north, and, these trailers have existed in this location for many years with no adverse affects to adjoining land uses. 3. The size and shape of the Property for the use is adequate to allow the full development of an office trailer and MRI trailer in a manner not detrimental to the particular area or to the health and safety because these trailers have been situated and effectively used on this Property for many years. 4. The traffic generated by the office and MRI trailers will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets and there is adequate parking on -site to accommodate the use. 5. The granting of the Conditional Use Permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will continue to be integrated with the surrounding uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, this Planning Commission does further find and determine that the request for the Fence Variance, as summarized below, should be denied for the following reasons: SECTION NO. 18.46.110.030 Maximum fence height permitted within required landscape setback adjacent to Anaheim Boulevard. (maximum 3 -foot high fence permitted; 6 foot high fence proposed.) 1. There are no special circumstances applicable to the Property, including size, shape, topography, location or surroundings, which do not apply to other properties utilized for office uses under an identical zoning classification in the vicinity of the Property; and 2. The strict application of the Zoning Code does not deprive the Property of the same privileges enjoyed by other properties under identical zoning classification in the vicinity of the Property. WHEREAS, this Planning Commission does further find and determine that the request for the Parking Variance, as summarized below, should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (100 spaces required; 90 spaces proposed.) 1. The Parking Variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the medical office building than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions because the on -site parking is adequate to accommodate peak parking demands for all uses combined. Further, the submitted parking justification letter states that the individual operational characteristics of each tenant will result in less than full utilization of the parking lot at any given time of the day; -2- PC2012 -043 2. The Parking Variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because the on -site parking is adequate to accommodate the peak parking demands of a medical office building; 3. The Parking Variance will not increase traffic congestion within the off -street parking areas provided for the restaurant since all parking is contained on -site and will not encroach into other parking facilities and the supply of parking is adequate for a medical office building. Further, the project does not propose new ingress or egress points and as designed on- site circulation is adequate and therefore will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the subject site; and 4. The granting of the Parking Variance under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim as the proposed land use will be compatible with the surrounding area because the use is integrated with other uses on the property and is not a health or safety risk to the citizens of the City of Anaheim. WHEREAS, Conditional Use Permit No. 2011 -05583 and the Parking Variance are within that class of projects which consist of, among other things, the minor alteration of existing private structures, facilities, mechanical equipment or topographical features involving negligible or no expansion of use beyond that previously existing and that, therefore, pursuant to Section 15301 of Title 14 of the California Code of Regulations (herein referred to as the "State CEQA Guidelines "), the installation and construction of the improvements provided for under Conditional Use Permit No. 2011 -05583 will not cause a significant effect on the environment and Conditional Use Permit No. 2011 -05583 and the Parking Variance are, therefore, categorically exempt from the provisions of the California Environmental Quality Act (Public Resource Code Section 21000 et seq.; herein referred to as °CEQA "). NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2011 -05583 and the Parking Variance and denies the Fence Variance and 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 health, safety and general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 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) the modification complies with the Anaheim Municipal Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. -3- PC2012 -043 BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 fifteen (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 July 16, 2012. 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. CHAIRMAN, ANAHEIM CITY ATTEST: SENIOR COMMISSION ARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2012 -043 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 July 16, 2012, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, FAESSEL, LIEBERMAN, PERSAUD, RAMIREZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK, SEYMOUR IN WITNESS WHEREOF, I have hereunto set my hand this 16' day of July, 2012. SENIOR , ANAHEIM CITY PLANNING COMMISSION -5- PC2012 -043 EXHIBIT "Arr DEV NO. 2011 -00128 E F AE � -6- PC2012 -043 Source: Recorded Tract Maps and /or City GIS. .., Please note the accuracy Is +/- two to five feet. IWV'I1.3r &a,31 CONDITIONAL USE PERMIT NO. 2011-05583 AND VARIANCE NO. 2011-04881 (IN -PART) (DEV2011- 00128) NO. CONDITIONS OF APPROVAL REVIEW SIGNED BY OFF BY GENERAL 1 No required parking area shall be fenced or otherwise Code enclosed for outdoor storage. Enforcement 2 Within 60 days of the approval of this Conditional Use Code Permit and Variance, the wrought iron fence along Anaheim Enforcement Boulevard, Lorraine Drive and the public alley shall be removed. 3 Within 60 days of the approval of this Conditional Use Code Permit and Variance, the office and MRI trailers shall be Enforcement moved to the locations shown on the approved site plan (Exhibit No. 1). 4 The emergency back -up generator shall only be used in the Code event of a power disruption or during regular maintenance Enforcement testing. 5 Any graffiti painted or marked upon the premises or on any Code adjacent area under the control of the property owner shall Enforcement be removed or painted over within 24 hours of being applied. 6 The following Municipal Code violations, as noted in a Code Code Enforcement Memorandum dated June 18, 2012 which Enforcement is included as an attachment to the staff report, shall be corrected within 60 days of the date of approval of this Conditional Use Permit and Variance. a) The peeling paint on the wood trim, wood fascia boards, and all decorative wood siding shall be repainted. Any damaged stucco shall also be repaired and painted. b) The generator stored on the east side of the building shall be removed and the discarded generator stored inside the trash enclosure shall be removed. -7- PC2012 -043 -8- PC2012 -043 c) The trash enclosure shall be restored in accordance with Public Works, Streets and Sanitation design specifications. d) The wood ramps and steps leading to the portable trailers shall be repaired upon relocation of the trailers and maintained appropriately. e) The rear emergency exit doors for the office trailer shall not be obstructed in order to allow emergency evacuation as required by law. 7 That approval of this application constitutes approval of the Code proposed request only to the extent that it complies with the Enforcement 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. 8 The property shall be developed substantially in accordance Planning 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 (Site Plan), and as conditioned herein. -8- PC2012 -043