Loading...
Resolution-PC 2015-023RESOLUTION NO. PC2015 -023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2014 -04992 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00126) (1341 WEST LA PALMA AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission ") did receive a verified petition to approve proposed Variance No. 2014 -04992 to permit the construction of fewer on -site parking spaces than required by the Anaheim Municipal Code (the "Code ") on that certain real property commonly known as 1341 West La Palma Avenue in the City of Anaheim, County of Orange, State of California (the "Property ") in connection with the proposed demolition of an existing building located on the Property and development of a new two - story, 13,897 square foot (approximate) medical office building (the "Project "). Variance No. 2014 -04992 is proposed in conjunction with General Plan Amendment No. 2014 -00498 to amend the Land Use Element of the General Plan from the "Institutional" land use designation to the "Office -Low" land use designation, and Reclassification No. 2014 -00274 to rezone the Property from the "RM -4" Multiple - Family Residential Zone to "O -L" Low Intensity Office Zone to permit development of the Property with the Project. Variance No. 2014- 04992, General Plan Amendment No. 2014 - 00498, Reclassification No. 2014 -00274 and the Project shall be referred to herein collectively as the "Proposed Project "; and WHEREAS, the Property is approximately 0.83 -acre in size and is developed with an existing 7,513 square foot thrift store building. The Property is located in the "RM -4" Multiple - Family Residential Zone and is designated for "Institutional" land uses in the Land Use Element of the Anaheim General Plan; and WHEREAS, on March 23, 2015, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against proposed Variance No. 2014 - 04992, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, by the adoption of a resolution concurrently with but prior in time to the adoption of this Resolution and pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the State of California Guidelines for the Implementation of the California Environmental Quality Act (the "CEQA Guidelines "), and the City's Local CEQA Procedure Manual, this Planning Commission approved and adopted a Negative Declaration for the Proposed Project; and WHEREAS, the 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 the request to allow fewer parking spaces than required by the Code for a wholesale tile store at the Property, has determined that proposed Variance No. 2014 -04992 should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (84 spaces required; 56 spaces proposed) - 1 - PC2015 -023 1. That the variance, under the conditions imposed, will not cause fewer off - street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use based upon the conclusions contained in the parking demand analysis, dated November 7, 2014, and prepared by KD Anderson & Associates. The study concludes that the actual parking demand to accommodate employees and customers for a kidney dialysis clinic is 1.17 spaces per station, or a maximum of 43 spaces. This demand is based on parking counts that were taken at a similar dialysis clinic during peak business hours between 8:00 a.m. and 5:00 p.m.; and 2. That the variance, under the conditions imposed, 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 within the Property will adequately accommodate the peak parking demands of the kidney dialysis clinic; and 3. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the on -site parking for the kidney dialysis clinic will adequately accommodate peak parking demands of the use; and 4. That the variance, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress points to the Property and are designed to allow for adequate on -site circulation; and 5. That the variance, under the conditions imposed, 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 has existing ingress or egress access points that are designed to allow adequate on -site circulation. WHEREAS, the Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentation, the staff report and all materials in the project files. There is no substantial evidence, nor are there other facts, that detract from the findings made in this Resolution. The Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. -2- PC2015 -023 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Variance No. 2014 - 04994, contingent upon and subject to (1) City Council approval and adoption of General Plan Amendment No. 2014 -00498 and Reclassification No. 2014 - 00274, both of which entitlements are now pending; and (2) 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 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 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 Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that, any 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. BE IT FURTHER RESOLVED that the 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 approval of Variance No. 2014 -04994 constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 23, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) 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, PLANNING aOMMISSION OF T E CITY OF AN I ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2015 -023 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on March 23, 2015, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 23 day of March, 2015. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2015 -023 EXHIBIT "A" DEV NO. 2014 -00126 APN : 271 - 042 -31 W ATECA PL _ h v p z W co z Gv v� W GLEN DR 40' �p8 cart � 0 N co N i cc z 136' W LA PALA AVE a W DOGWOOD AVE 0 � 5: cc W �- x z z a cc Q z W FRANCES DR o so >oo Source: Recorded Tract Maps and /or City GIS. Feet Please note the accuracy is +/ two to five feet. -5 - PC2015 -023 EXHIBIT "B" VARIANCE NO. 2014-04992 (DEV2014- 00126) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMIT 1 The legal owner shall submit an application for a Public Works Department, Subdivision Map Act Certificate Compliance to the Public Development Services Works Department, Development Services Division. A Division Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Surveyor and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 2 The developer shall submit street improvement plans for Public Works Department, landscape and irrigation to the Public Works Department, Development Services Development Services Division and a bond shall be posted to Division guarantee the construction of all public works improvements. The landscape and irrigation improvement plans shall be prepared in accordance with the Public Works Landscape and Irrigation Manual for Public Street and Highway. The improvements shall be constructed prior to final building and zoning inspections. 3 The property owner shall irrevocably offer to dedicate to the Public Works Department, City of Anaheim an easement 53 feet in width from the Development Services centerline of La Palma Ave for road, public utilities and other Division public purposes. 4 The developer shall post a security to guarantee the Public Works Department, construction of public works improvements in an amount Development Services approved by the City Engineer and in a form approved by Division the City Attorney. The improvements shall be constructed prior to final building and zoning inspections. 5 Plans shall be submitted showing stop control on the Public Works Department, proposed driveway along La Palma Avenue. A stop sign Development Services shall be installed, and stop legend shall be painted on the Division driveway in the southbound direction at La Palma Avenue, prior to final building and zoning inspections. Subject property shall thereupon be developed and maintained in conformance with said plans. -6- PC2015 -023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF GRADING PERMIT 6 The applicant shall submit to the Public Works Development Public Works Department, Services Division for review and approval a Water Quality Development Services Management Plan that conforms with current Orange County Division Guidelines and Requirements as well as the City's WQMP Review Checklist. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 7 All required street improvements shall be constructed prior Public Works Department, to the first final building and zoning inspections and are Development Services subject to review and approval by the Construction Services Division inspector. 8 All required site WQMP items shall be inspected and Public Works Department, operational. Development Services Division OPERATIONAL CONDITIONS 9 The dialysis clinic shall be operated in accordance with the Planning Department, Letter of Request and Parking Demand Study submitted as Planning Services Division part of this application. Any changes to the business operation as described in those documents shall be subject to review and approval by the Planning Director to determine substantial conformance to ensure compatibility with the surrounding uses. 10 The parking lot shall be lit during the hours of darkness in Planning Department, order to illuminate and make clearly visible the presence of Code Enforcement Division any person on or about the premises. 11 The Property shall be permanently maintained in an orderly Planning Department, fashion through the provision of regular landscaping Code Enforcement Division maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. GENERAL CONDITIONS 12 Curbs adjacent to the drive aisles shall be painted red to Public Works Department, prohibit parallel parking in the drive aisles. Red curb Development Services locations shall be clearly labeled on building plans. Division -7- PC2015 -023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 13 The subject Property shall be developed substantially in Planning Department, accordance with plans and specifications submitted to the Planning Services Division City of Anaheim by the petitioner and which plans are on file with the Planning Department, and as conditioned herein. 14 The Applicant shall defend, indemnify, and hold harmless Planning Department, the City and its officials, officers, employees and agents Planning Services Division (collectively referred to individually and collectively as "Indemnitees ") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and /or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. 15 The applicant is responsible for paying all charges related to Planning Department, the processing of this discretionary case application within Planning Services Division 30 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 may result in the revocation of the approval of this application. - 8 - PC2015 -023