RES-2015-156 RESOLUTION NO. 2015 -156
A RESOLUTION OF THE CITY COUNCIL 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 (the "Planning
Commission ") did receive a verified petition to approve 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 was 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, pursuant to and in accordance with 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 (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines "), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, following preliminary review of the Proposed Project, a draft Negative
Declaration was prepared in accordance with CEQA, the CEQA Guidelines and the City's Local
CEQA Procedure Manual to evaluate the physical environmental impacts of the Proposed
Project. The Negative Declaration was circulated for a 20 -day public /responsible agency review,
commencing on March 3, 2015. A complete copy of the Negative Declaration is on file and can
be viewed in the Planning Division of the City located on the First Floor at 200 S. Anaheim
Blvd., Anaheim, California. Copies of said document are also available for purchase; and
WHEREAS, the City gave notice of its intent to adopt the Negative Declaration to (a) the
public pursuant to Section 15072(b) of the State CEQA Guidelines, (b) those individuals and
organizations, if any, that previously submitted written requests for notice pursuant to Section
15072(b) of the State CEQA Guidelines, (c) responsible and trustee and other agencies with
jurisdiction over resources that will be affected by the Proposed Project pursuant to Section
15073(c) of the State CEQA Guidelines, and (d) the Clerk of the County of Orange pursuant to
Section 15072(a) of the State CEQA Guidelines; and
WHEREAS, the City intends and desires to use the Negative Declaration as the
environmental documentation required by CEQA, the State CEQA Guidelines and the City's
Local CEQA Procedure Manual for the Proposed Project; 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 as
required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the
Code, to hear and consider evidence and testimony concerning the contents and sufficiency of
the Negative Declaration and for and against the Proposed Project and to investigate and make
findings in connection therewith; and
WHEREAS, at said public hearing, the Planning Commission did receive evidence and
reports concerning the contents and sufficiency of the Negative Declaration, and did adopt its
Resolution No. PC2015 -021 containing a report of its findings, a summary of the evidence
presented at said hearing, and finding and determining and also recommending that the City
Council so find and determine that the Negative Declaration satisfies all of the requirements of
CEQA, the State CEQA Guidelines, and the City's Local CEQA Procedure Manual and serves as
the appropriate environmental documentation for the Proposed Project. Accordingly, the
Planning Commission approved and adopted the Negative Declaration and recommended that
the City Council also approve and adopt the Negative Declaration and the Proposed Project; and
WHEREAS, upon receipt of the Planning Commission's Resolution No. PC2015 -021
(relating to the Negative Declaration and General Plan Amendment No. 2014 - 00498), Resolution
No. PC2015 -022 (relating to Reclassification No. 2014- 00274), and Resolution No. PC2015 -023
(relating to Variance No. 2014- 04992), a summary of evidence, report of findings and
recommendations of the Planning Commission, the City Council did fix the 21st day of April,
2015, as the time, and the City Council Chamber in the Civic Center, as the place, for a public
hearing on the Proposed Project and for the purpose of considering the Negative Declaration, and
did give notice thereof in the manner and as provided by law; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments (if any) of all persons desiring to be heard, the City Council considered all factors
relating to the Proposed Project and the Negative Declaration and the recommendations of the
Planning Commission; 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 CEQA, the State CEQA Guidelines
and the City's Local CEQA Procedure Manual, this City Council approved and adopted the
Negative Declaration for the Proposed Project; and
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WHEREAS, this City Council, after due consideration, inspection, investigation and
study made by itself, 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. 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, this City Council 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
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in the project files. There is no substantial evidence, nor are there other facts, that detract from
the findings made in this Resolution. This City Council expressly declares that it considered all
evidence presented and reached these findings after due consideration of all evidence presented
to it.
NOW, THEREFORE, BE IT RESOLVED that, based upon the aforesaid findings and
determinations, this City Council does hereby approve Variance No. 2014 - 04994, contingent
upon and subject to (1) the prior approval and adoption by this City Council 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.
BE IT FURTHER RESOLVED that 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 Pennits) of the 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.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 21 day of April , 2015, by the following roll call vote:
AYES: Mayor Pro Tem Kring, Council Members Murray, Brandman, and Vanderbilt
NOES: None
ABSENT: Mayor Tait
ABSTAIN: None
CITY OF ANAHEIM
MA' OR OF THE CITY OF A► HEIM
ATTES
IAA i. !WAPA
CITY CLERK OF THE ITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2014-00126
IAPN: 271- 042 -31
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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
Exhibit "B"
Page 1 of 4
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
conformance with said plans.
1. 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.
2. 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
3. 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
maintenance, removal of trash or debris, and removal of
Exhibit "B"
Page 2 of 4
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
graffiti within twenty four (24) hours from time of Code Enforcement Division
occurrence.
4. 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
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 Depaitiuent,
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.
Exhibit "B"
Page 3 of 4