Loading...
Resolution-PC 2017-060RESOLUTION NO. PC2017-060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AMENDMENT TO CONDITIONAL USE PERMIT NO. 3640 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2015-00003B) (1731 WEST MEDICAL CENTER DRIVE) WHEREAS, on September 30, 1985, the Planning Commission adopted Resolution No. 85-216 approving Conditional Use Permit No. 2720 (herein referred to as the "Original CUP") to construct a 179 -unit senior citizen's retirement facility and a 99 -bed skilled nursing facility with waiver of required lot frontage; and WHEREAS, on November 21, 1988, the Planning Commission adopted Resolution No. 88-322 modifying Conditional Use Permit No. 2720 to approve waivers of (a) minimum number of parking spaces for Parcel No. 1 and (b) required height and type of fence for Parcel Nos. 1 and 2 to complete construction of the facility (herein reffered to as the "First Amendment to the Original CUP"); and WHEREAS, on November 1, 1993, the Planning Commission adopted Resolution No. 93- 119 approving Conditional Use Permit No. 3640 (herein referred to as "CUP 3640") to permit a 16 -unit (l6 -bed) expansion to an existing 179 -unit (206 -bed) senior citizen's retirement facility with waiver of minimum number of parking spaces; and WHEREAS, on August 10, 2015, the Planning Commission adopted Resolution No. 2015- 056 approving Conditional Use Permit No. 3640A (herein referred to as CUP 364013") to permit a 58 -unit expansion to an existing 194 -unit senior citizen's retirement facility with fewer parking spaces than required and a higher floor area ratio (FAR) than permitted by the Zoning Code; and WHEREAS, the Original CUP, the First Amendment to the Original CUP, CUP 3640 and CUP 3640B shall be referred to herein collectively as the "Existing CUP"; and WHEREAS, the Planning Commission of the City of Anaheim (hereinafter referred to as the "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 3640B to approve an amendment to the Existing CUP to modify Condition of Approval No. 9 to allow two existing vehicle gates to remain on-site (herein referred to as the "Proposed Project") for certain real property located at 1731 West Medical Center Drive in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is located in the "CG" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code ("Code"). The Anaheim General Plan designates this Property for Institutional land uses; and -1- PC2017-060 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 10, 2017, 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 Code, to bear and consider evidence and testimony for and against the Proposed Project and to investigate and make findings and recommendations in connection therewith; 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 Implementation of the California Environmental Quality Act (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, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1— Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; 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 for Conditional Use Permit No. 3640B, does find and determine the following: 1. The request to amend a conditional use permit to modify a condition of approval pertaining to vehicular gates is authorized under Section 18.60.190 of the Code; and 2. The Proposed Project will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located based on the data in the Supplemental Report and conclusions reached by the parking engineer. Because the gates will be open from 6 a.m. to 5 p.m. there will be no impact to adjoining land uses, or the growth and development of the area; and 3. The size and shape of the site is adequate to allow the full development of the Proposed Project in a manner not detrimental to the particular area or to the health and safety because when the gates are closed during the evening hours the supply will be adequate for the reduced demand; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the requested amendment to the condition of approval would not generate additional traffic to the area and will not exceed the anticipated volumes of traffic on the surrounding streets and adequate parking will be provided to accommodate the use; and -2- PC2017-060 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 be integrated with the surrounding commercial area and would not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. 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 presentations, 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 3640B contingent upon the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference (the "Revised Conditions of Approval"); and BE IT FURTHER RESOLVED that, effective upon the date of this Resolution, the Revised Conditions of Approval hereby amend the Original Conditions of Approval in their entirety. All references to the conditions of approval for the Original CUP, as amended by Conditional Use Permit No. 3640B, shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B, which shall control and govern the Original CUP, as amended by Conditional Use Permit No. 364413; and BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby approve Conditional Use Permit No. 3640B, contingent upon and subject to the Revised Conditions of Approval, which are described in Exhibit B, and attached hereto and incorporated herein by this reference. Said conditions 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 amendment, modification or revocation of this permit maybe 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 Code. -3- PC2017-060 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 this application 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 July 10, 2017. 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. ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2017-060 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 July 10, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this I Oh day of July, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -5- PC2017-060 EXHIBIT "A" DEV NO. 2015-00003B APN: 072-150-72 072-150-76 a J U M w Z 465' 0 0 a = in iM L �n m 461' W MEDICAL CENTER DR 8 H o❑ p W ROMNEYA DR Source- Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. -6- PC2017-060 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 3640B (DEV2015-00003B) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF BUILDING PERMITS 1 The applicant shall execute and record a Covenant and Agreement to Hold Planning & Building, the Property as one parcel for Building Requirements in a form satisfactory Building Division to the Building Official and the City Attorney. The Covenant shall be reviewed and approved by the Bulding Official and the City Attorney prior to its execution and recordation in the Official Records of the County of Orange. A copy of the recorded Covenant shall then be submitted to the Planning Department. 2 Landscaping plans shall show plant materials adequate to screen existing Planning & Building, equipment within the front setback. Any new equipment shall be located Building Division outside of setbacks and screened by plant materials if visible to the street. 3 Building plans shall demonstrate that curbs adjacent to the drive aisles shall Public Works, Traffic be painted red to prohibit parallel parking in the drive aisles. Red curb Engineering Division locations shall be clearly labeled on building plans. All existing conflicting signage shall be removed. 4 Building plans shall demonstrate that fire lanes shall be posted with "No Public Works, Traffic Parking Any Time." Said information shall be specifically shown on plans Engineering Division submitted for building permits. All existing conflicting signage shall be removed. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 5 All required WQMP items shall be installed, operational and inspected by Public Works, the City. Development Services Division 6 Prior to final building and zoning inspections, the property owner/developer Planning & Building, shall submit to the Planning and Building Department a letter from a licensed Planning Services landscape architect certifying that all landscaping and irrigation systems Division have been installed in accordance with the approved landscaping plans. 7 Gates limiting access to the northerly parking area shall remain open Planning & Building, between the hours of 6:00 a.m. and 5:00 p.m., daily. Planning Services Division 8 Pavement markings indicating employee, visitor and resident parking spaces Planning & Building, shall be painted on the appropriate parking spaces. Planning Services Division 9 Electrically operated gates shall be provided with a Knox override switch Fire Department located on the entry side of the gate in an approved location and shall be provided with an approved remote opening system that is controlled by an approved public safety radio frequency. GENERAL CONDITIONS -7- PC2017-060 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 10 The Applicant shall defend, indemnify, and hold harmless the City and its Planning & Building, officials, officers, employees and agents (collectively referred to Planning Services individually and collectively as "Indemnitees') from any and all claims, Division 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. 11 The applicant is responsible for paying all charges related to the processing Planning & Building, of this discretionary case application within 30 days of the issuance of the Planning Services final invoice or prior to the issuance of building permits for this project, Division 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. 12 The subject Property shall be developed substantially in accordance with Planning & Building, plans and specifications submitted to the City of Anaheim by the petitioner Planning Services and which plans are on file with the Planning Department, and as conditioned Division herein. -8- PC2017-060