Resolution-PC 2018-063RESOLUTION NO. PC2018-063
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT
NO. 2018-05988 AND ADMINISTRATIVE ADJUSTMENT NO. 2018-00426 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00122)
(1325 NORTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (herein referred
to as the "Planning Commission") did receive a verified petition to approve (i) Conditional
Use Permit No. 2018-05988 to permit an adult day care facility within an existing office
building, and (ii) Administrative Adjustment No. 2018-00426 to allow less parking spaces
than required by the Anaheim Municipal Code (the "Code"), at a certain real property
located at 1325 North Anaheim Boulevard in the City of Anaheim, County of Orange,
State of California, as generally depicted on Exhibit A attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the Property, approximately 5.6 -acres in size, is currently
developed with an existing three story office building and a surface parking lot. The
Property is designated for General Commercial land uses by the Anaheim General Plan.
The Property is also located in the "C -G" General Commercial Zone and is subject to the
zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the
Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on December 10, 2018 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 Code, to hear and consider evidence for and against
proposed Conditional Use Permit No. 2018-05988 and Administrative Adjustment No.
2018-00426 (collectively, 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 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 Title 14 of the California Code of Regulations, 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, 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 the request for Conditional Use Permit 2018-05988,
does find and determine the following:
1) That the proposed use is properly one for which a conditional use permit is
authorized by the Code which allows an adult day care facility in the General Commercial
(C -G) Zone subject to approval of a conditional use permit pursuant to Section 18.08.030
of the Code.
2) That the proposed use will not adversely affect the adjoining land uses, or
the growth and development of the area in which it is proposed to be located, because all
day care services would be provided inside the building, and adequate parking would be
provided on site.
3) That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use, in a manner not detrimental to either the
particular area or health and safety because the proposed use would occupy a portion of the
existing building without any expansion of the existing building and adequate parking and
vehicular circulation would be provided on site.
4) That the traffic generated by the proposed use 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.
5) That the granting of the conditional use permit under the conditions
imposed, if any, will not be detrimental to the health and safety of the citizens of the City
of Anaheim in that any potential impacts on the surrounding uses would be minimal; and
WHEREAS, the Planning Commission does further find and determine that the
request for Administrative Adjustment No. 2018-00426 should be approved for the
following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(425 spaces required; 380 spaces
proposed)
1) The adjustment is consistent with the purposes and intent of the Zoning
Code because the subject property is located in the "C -G" General Commercial zone which
allows an adult day care facility, subject to approval of a Conditional Use Permit. The
Proposed Project would comply with all other development standards of the C -G Zone.
Based on the operational characteristics of the proposed use, where all clients are
transported to and from the Property via shuttles and vans, the anticipated parking demand
for the Property is less than the Code required parking spaces.
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2) The same or similar result cannot be achieved by using provisions in the
Zoning Code that do not require the adjustment. To ensure that adequate parking will be
provided on site, a condition of approval contained herein requires the applicant to
implement alternative parking methods (e.g. off-site parking for employees, valet parking
for visitors, etc.) in an event the increase in parking demand for the subject site results in a
spill-over of vehicles onto the adjacent streets.
3) The adjustment will not produce a result that is out of character or
detrimental to the neighborhood as the anticipated parking demand for the Property is less
than the Code required parking spaces based on the operational characteristics of the
proposed use and the interior space programming of other uses within the existing building.
WHEREAS, this 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.
This 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, pursuant to the above findings,
this Planning Commission does hereby approve Conditional Use Permit No. 2018-05988
and Administrative Adjustment No. 2018-00426, 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 that portion of the Property for which Conditional Use Permit No. 2018-05988 and
Administrative Adjustment No. 2018-00426 is applicable 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, (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 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 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.
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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 December 10, 2018. 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:
'id--" i'; L 2----1.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 December 10, 2018,
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 10h day of
December, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 073-083-26
073-083-29
073-083-17
EXHIBIT "A"
DEQ' NO. 2018-00122
i
E COMMERCIAL ST
Source: Recorded Tract tifaps and?ar City G IS.
Pleas a nota the accuracy is +!- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05988
ADMINISTRATIVE ADJUSTMENT NO. 2018-00426
(DEV2018-00122)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
1
Prepare and submit a final grading plan showing building footprints,
Public Works
finished grades, drainage routes, erosion control, and all other pertinent
Department,
information in accordance with Anaheim Municipal Code and the
Development Services
California Building Code, latest edition.
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2
Prepare and submit a final drainage study, including supporting
Public Works
hydraulic and hydrological data to the City of Anaheim for review and
Department,
approval. The study shall identify off-site and on-site storm water
Development Services
runoff impacts resulting from the proposed project's contribution and
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shall provide locations and sizes of catchments and system connection
points and all downstream drainage -mitigating measures including but
not limited to offsite storm drains and interim detention facilities.
3
Submit an amendment to the Water Quality Management Plan
Public Works
(WQMP) for this property to the City for review and approval. The
Department,
amendment shall be consistent with the most current requirements of
Development Services
the Orange County Drainage Area Management Plan (DAMP). Submit
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three (3) copies and a plan checking deposit to the Public Works
Department, Development Services Division for review and approval.
PRIOR TO THE ISSUANCE OFA BUILDING PERMIT
4
All backflow equipment shall be located above ground outside of the
Public Utilities
street setback area in a manner fully screened from all public streets
Department,
and alleys. Any backflow assemblies currently installed in a vault will
Water Engineering
have to be brought up to current standards. Any other large water
Division
system equipment shall be installed to the satisfaction of the Water
Engineering Division outside of the street setback area in a manner
fully screened from all public streets and alleys. Said information shall
be specifically shown on plans and approved by Water Engineering
and Cross Connection Control Inspector.
5
All requests for new water services, backflow equipment, or fire lines,
Public Utilities
as well as any modifications, relocations, or abandonments of existing
Department,
water services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of the
Division
Anaheim Public Utilities Department.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6
If the parcel was not legally created, the legal property owner shall
Public Works
submit an application for a Subdivision Map Act Certificate of
Department,
Compliance to the Public Works Department, Development Services
Development Services
Division. A Certificate of Compliance or Conditional Certificate of
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Compliance shall be approved by the City Engineer and recorded in
the Office of the Orange County Recorder prior to issuance of a
building permit.
7
Building plans shall show conformance with the current version of
Public Works
Engineering Standard Details 436 and 470 pertaining to parking
Department,
standards. The subject property shall thereupon be developed and
Traffic Engineering
maintained in conformance with said plans.
Division
8
Building plans shall clearly label the location of red curbs adjacent to
Public Works
the drive aisles. Curbs adjacent to the drive aisles shall be painted red
Department,
to prohibit parallel parking in the drive aisles.
Traffic Engineering
Division
9
That prior to the issuance of the first building permit, unless otherwise
Public Works
deferred by City Council action, the project shall contribute its fair
Department,
share contribution for the items identified in Mitigation Monitoring
Traffic Engineering
Program 157.
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GENERAL
10
The applicant shall obtain the necessary permits for all new and/or
Planning & Building
replacement signs. All signs shall comply with the Section 18.44 of the
Department,
Zoning Code. The existing pole sign located at the northeast corner of
Planning Services
the property shall not be used as a billboard per Section 18.44.040.035
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of the Zoning Code.
11
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
Division
12
The business shall be operated in accordance with the Letter of Request
Planning and Building
submitted as part of this application. Any changes to the business
Department,
operation as described in that document shall be subject to review and
Planning Services
approval by the Planning Director to determine substantial
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conformance with the Letter of Request and to ensure compatibility
with the surrounding uses.
13
The applicant shall obtain all necessary permits and implement
Planning & Building
alternative parking arrangements (i.e. off-site parking, valet services)
Department,
in an event the changes in the parking demand for the subject site
Planning Services
results in spill-over of vehicles onto the adjacent streets.
Division
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
14
The vans/shuttles used to transport PACE program participants shall
Planning & Building
not be parked at the subject site during the business hours of the
Department,
PACE program.
Planning Services
Division
15
Any deliveries including loading and unloading shall be performed
Public Works
on site. Delivery vehicles shall not block any part of the public right-
Department,
of -way.
Traffic Engineering
Division
16
The following minimum clearances shall be provided around all
Public Utilities
existing and proposed water facilities (e.g. water main, fire hydrants,
Department,
service laterals, meters, meter boxes, backflow devices):
Water Engineering
• 10 feet minimum clearance from structures, footings,
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walls, stormwater BMPs, utility poles, street lights, and
trees.
• 5 feet minimum clearance from driveways, BCR/ECR of
curb returns, and all other utilities (e.g. storm drain, gas,
electric, etc.) or above ground facilities.
17
The Applicant shall defend, indemnify, and hold harmless the City
Planning & Building
and its officials, officers, employees and agents (collectively referred
Department,
to 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.
18
The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 days of the
Planning & Building
issuance of the final invoice or prior to the issuance of building permits
Department,
for this project, whichever occurs first. Failure to pay all charges shall
Planning Services
result in delays in the issuance of required permits or may result in the
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revocation of the approval of this application.
19
The property shall be developed substantially in accordance with plans
Planning & Building
and specifications submitted to the City of Anaheim by the applicant
Department,
and which plans are on file with the Planning Department.
Planning Services
Division
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