Resolution-PC 2017-069RESOLUTION NO. PC2017-069
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING VARIANCE NO. 2016-05081 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00133)
(1900 EAST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Variance No. 2016-05081 to allow fewer parking
spaces than required by Title 18 (Zoning) of the Anaheim Municipal Code (the "Zoning Code") to
permit the establishment of medical offices within an existing office complex (collectively referred
to herein as the "Proposed Project") for premises located on certain real property at 1900 East La
Palma Avenue, 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 approximately 1.06 acres in size and is currently developed
with a office building. The Property is located in the "C -G" General Commercial zone and is
subject to the zoning and development standards of Chapter 18.08 (Commercial Zones) of the
Zoning Code. The Anaheim General Plan designates the Property for Office Low land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 6, 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 (Procedures)
of the Zoning Code, to hear and consider evidence for and against proposed Variance No. 2016-
05081, 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 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, the Planning Commission finds and determines that the Proposed Project
is within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair,
maintenance, and/or minor alteration of existing public or private structures or facilities, 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
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WHEREAS, Section 18.42.040.010 of the Zoning Code sets forth the minimum non-
residential off-street parking requirements for automobiles and other vehicles based on the type of
use associated with the Property as follows:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(88 spaces required; 55 spaces proposed)
WHEREAS, based upon the request letter submitted by the applicant and a parking
study prepared by Kunzman Associates, Inc., the Planning Commission does further find and
determine that the request for a variance for less parking than required by the Zoning Code should
be approved for the following reasons:
1. Upon a review of the letter of request submitted by the applicant and the parking
study prepared by Kunzman Associates, Inc., 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 due to the specialized nature of the
medical businesses and the lower volume of patient visitation as compared to a general office use.
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 will adequately accommodate the peak parking demands
of the proposed medical office facility.
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 medical office facility will adequately
accommodate peak parking demands of all uses on the site.
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.
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.
and;
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
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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 Variance No. 2016-05081, contingent upon and subject to the conditions of approval set
forth 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 under Variance No. 2016-
05081 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 Zoning 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, (ii)
the modification complies with the Zoning 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 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 Zoning 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 this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of September 6, 2017. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Zoning Code pertaining to appeal procedures and may be replaced by a City
Council Resolution in the event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 September 6, 2017 by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS,
LIEBERMAN, WHITE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 6t" day of September 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00133
APN: 073-190-28
L BELMONT AVE
E LA PALMA AVE
317'
314'
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REDWOOD AVE
�® Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
VARIANCE NO. 2016-05081
(DEV2016-00133)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
OPERATIONAL CONDITIONS
1
Any graffiti painted or marked upon the premises or on any adjacent
Planning and Building
area under the control of the business owner shall be removed or
Department,
painted over within 24 hours of being applied.
Code Enforcement
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2
The medical offices shall be operated in accordance with the
Planning and Building
applicant's Letter of Request and Parking Study prepared by Kunzman
Department,
Associates submitted as part of this application. Any changes to the
Planning Services
business operations as described in those documents shall be subject to
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review and approval by the Planning Director to determine substantial
conformance with the original approval and to ensure compatibility
with the surrounding uses.
3
Sufficient parking for all uses located at the subject property shall be
Planning and Building
maintained at all times, so that the uses will not cause any parking
Department,
impacts to surrounding uses. Any change of operation or tenant mix
Planning Services
that creates a parking demand exceeding the existing parking supply
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shall require prior approval by the Planning and Building Director. The
Director may require a new parking study and/or modification to the
business operations to address parking impacts.
GENERAL CONDITIONS OFAPPROVAL
4
The Applicant shall defend, indemnify, and hold harmless the City and
Planning and Building
its officials, officers, employees and agents (collectively referred to
Department,
individually and collectively as "Indemnitees") from any and all
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
5
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
6
The subject Property shall be developed substantially in accordance
Planning and Building
with plans and specifications submitted to the City of Anaheim by the
Department,
petitioner and which plans are on file with the Planning Department,
Planning Services
and as conditioned herein.
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