Resolution-PC 2019-038RESOLUTION NO. PC2019-038
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05984
AND TENTATIVE PARCEL MAP NO. 2018-179 AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
(DEV2017-00058)
(2157 WEST LA PALMA AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve (i) Conditional Use Permit No. 2018-
05984 and to construct and operate a three-story, 47 -room convalescent facility and exceed the
maximum floor area ratio, and (ii) Tentative Parcel Map No. 2018-179 to subdivide a 1.57 -acre
parcel into two lots separating the proposed convalescent facility on its own 0.67 -acre lot from
the existing commercial center (the "Proposed Project") on that real property located at 2157
West 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 1.57 -acres in size and is currently
developed with a one-story, commercial building on the west side and vacant on the easterly
0.67 acres. The Anaheim General Plan designates the Property for General Commercial land
uses. The Property is located in the "C -G" General Commercial Zone, meaning that the
Property is subject to the zoning and development standards contained in Chapter 18.08
(Commercial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 4, 2019 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. 2018-05984 and Tentative Parcel Map No. 2018-179, 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 Proposed
Project is within that class of projects (i.e., Class 32 — In -fill Development projects) which
consists of in -fill development meeting the conditions described in Section 15332 of the CEQA
Guidelines; that is, (a) the project is consistent with the applicable general plan designation and
all applicable general plan policies as well as with applicable zoning designation and
regulations, (the proposed development occurs within city limits on a project site of no more
than five acres substantially surrounded by urban uses, (c) the project site has no value as habitat
for endangered, rare or threatened species, (d) approval of the project would not result in any
significant effects relating to traffic, noise, air quality, or water quality, and (e) the site can be
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adequately served by all required utilities and public services. The Planning Commission finds
and determines that the Property is located within an "urbanized area", as that term is defined
in Section 15387 of the CEQA Guidelines, and meets the aforementioned conditions and 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 pertaining to the request for Conditional Use Permit No. 2018-05984, and in
accordance with Section 18.08.045 (Floor Area Ratio) of this Code, does find and determine
that all of the following conditions exist:
1. The Proposed Project is properly one for which a conditional use permit is
authorized under the classes of allowable uses set forth in Section 18.08.030 "C -G" General
Commercial Zone of the Code.
2. The Proposed Project would not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located to ensure that the
facility is operated in a responsible manner and would not have an adverse effect on the
surrounding residential and commercial land uses in the area, subject to compliance with the
conditions of approval contained herein.
3. The size and shape of the site for the convalescent facility is adequate to
allow the full development of the proposed use in a manner not detrimental either the particular
area or health and safety because the site can accommodate the parking, traffic flows, and
circulation without creating detrimental effects on adjacent properties.
4. The traffic generated by the facility 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 and adequate parking and circulation will be provided to accommodate the use.
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 compatible with the surrounding commercial, office and residential uses and
would not pose a health or safety risk to the citizens of the City of Anaheim.
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 Tentative Parcel Map No. 2018-179 to establish a 2 -lot
commercial subdivision, does find and determine the following facts:
1. The proposed subdivision, including its design and improvements, and with
the conditions imposed herein is consistent with the General Commercial land use designation
in the Anaheim General Plan and the development standards contained in the "C -G" General
Commercial Zone.
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2. The site is physically suitable for the type and size of the proposed
commercial subdivision in that this flat lot is currently developed with a commercial center and
a vacant portion of the lot which is of adequate size to subdivide into two parcels that can be
developed in accordance with the C -G zone development standards.
3. The design of the subdivision, with the conditions imposed, is not likely to
cause substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat because no sensitive environmental habitat has been identified on the site in that
no environmental impacts are anticipated as part of the future development of a commercial use
on this Property.
4. The design of the subdivision or the type of improvements is not likely to
cause serious public health problems, since any new structures and associated site
improvements will be constructed on the property in compliance with the conditions imposed
and other related Code requirements in that the future development of a commercial use will be
subject to all Code requirements.
5. The design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of property within the
proposed subdivision in that the parcel map is conditioned to be submitted for review and
approval to the City of Anaheim and the Orange County Surveyor and then shall be recorded in
the Office of the Orange County Recorder prior to issuance of building permits.
and;
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. No. 2018-05984 and
Tentative Parcel Map No. 2018-179, 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. 2018-05984 and Tentative Parcel Map No. 2018-179 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.
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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.
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 September 4, 2019. 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.
AI SON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
/2C
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 4, 2019, by the following vote of the
members thereof:
AYES: COMMISSIONERS: ARMSTRONG, KEYS, LIEBERMAN, MEEKS,
VADODARIA
NOES: COMMISSIONERS: MULLEADY, WHITE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of September, 2019.
Az �---�
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2017-00058
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v
Fect
W LA PALMA AVE
W FIR AVE
/N I
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05984 AND
TENTATIVE PARCEL MAP NO. 2018-179
(DEV2017-00058)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO RECORDATION OF THE PARCEL MAP
1
The developer shall pay all applicable development impact fees
Public Works,
required under the Anaheim Municipal Code.
Development Services
2
The developer shall submit the final map to the City of Anaheim,
Public Works,
Public Works Development Services Division and to the Orange
Development Services
County Surveyor for technical correctness review and approval.
3
The vehicular access rights to La Palma Avenue shall be restricted
Public Works,
and relinquished to the City of Anaheim.
Development Services
4
The developer shall submit improvement plans, for the construction
Public Works,
of required public improvements, to the Public Works Development
Development Services
Services Division for review and approval, and to determine the bond
amounts.
5
Upon completion of the review of final engineering/civil plans, any
Public Works,
discrepancies between the final engineering plans and the tentative
Development Services
parcel map shall be corrected. The final Parcel Map shall contain
information based upon the final, approved engineering plans.
Approval of the Parcel Map is contingent upon approval of the final
engineering/civil plans.
6
The developer shall execute a maintenance covenant with the City of
Public Works,
Anaheim in a form that is approved by the City Engineer and the City
Development Services
Attorney for the private improvements including but not limited to
private utilities, drainage devices, parkway landscaping and irrigation,
private street lights, common walls, etc. in addition to maintenance
requirements established in the Water Quality Management Plan
(WQMP) as applicable to the project. The covenant shall be recorded
concurrently with the Final Map.
7
The applicant shall execute a Subdivision Agreement and submit
Public Works,
security in an amount acceptable to the City Engineer to guarantee
Development Services
construction of the public improvements required herein. Security
deposit shall be in accordance to City of Anaheim Municipal Code.
The agreement shall be recorded concurrently with the Final Map.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF GRADING PERMITS
8
Prepare and submit a final grading plan showing building footprints,
Public Works,
pad elevations, finished grades, drainage routes, retaining walls,
Development Services
erosion control and other pertinent information in accordance with
Anaheim Municipal Code and the California Building Code, latest
edition.
9
Prepare and submit a final drainage study, including supporting
Public Works,
hydraulic and hydrologic calculations to the City of Anaheim for
Development Services
review and approval. The study shall confirm or recommend changes
to the City's adopted Master Drainage Plan by identifying off-site and
on-site storm water runoff impacts resulting from build -out of
permitted General Plan land uses. In addition, the study shall identify
the project's contribution and 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.
10
Prepare and submit a Water Quality Management Plan (WQMP) to
Public Works,
the City for review and approval. The WQMP shall be consistent with
Development Services
the requirements of Section 7 and Exhibit 7.II of the Orange County
Drainage Area Management Plan (DAMP) for New
Development/Significant Redevelopment projects. The WQMP shall
identify potential sources of pollutants during the long-term on-going
maintenance and use of the proposed project that could affect the
quality of the storm water runoff from the project site; define Source
Control, Site Design, and Treatment Control best management
practices (BMPs) to control or eliminate the discharge of pollutants
into the surface water runoff, and provide a monitoring program to
address the long-term implementation of and compliance with the
defined BMPs. All BMP facilities and features shall be located
entirely on site and out the public right-of-way.
11
The owner shall obtain the required coverage under California's
Public Works,
General Permit for Stormwater Discharges associated with
Development Services
Construction Activity by providing a copy of the Notice of Intent
(NOI) submitted to the State Water Resources Control Board and a
copy of the subsequent notification of the issuance of a Waste
Discharge Identification (WDID) number.
12
The owner shall prepare a Stormwater Pollution Prevention Plan
Public Works,
(SWPPP). The SWPPP shall be kept at the project site and be
Development Services
available for Public Works Department's review upon request.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
13
Submit a Preliminary Geotechnical Report to the Public Works
Public Works,
Development Services Division for review and approval. The report
Development Services
shall address the site's liquefaction potential and any proposed
infiltration features of the WQMP.
14
All required plans and studies shall be prepared by a licensed
Public Works,
Professional Engineer registered in the State of California.
Development Services
PRIOR TO ISSUANCE OF BUILDING PERMITS
15
Record Parcel Map No. 2018-179 pursuant to the Subdivision Map Act
Public Works,
and in accordance with City Municipal Code. Provide a duplicate
Development Services
photo Mylar of the recorded map to the City Engineer's office.
16
Obtain a Right -of -Way Construction Permit (RCP) from the
Public Works,
Development Services Division and post a security for construction
Development Services
of all required public improvements within street right-of-way.
17
Provide a certificate from a Registered Civil Engineer certifying that
Public Works,
the finished grading has been completed in accordance with the City
Development Services
approved grading plan.
18
All site landscape plans shall comply with the City of Anaheim
Public Works,
adopted Landscape Water Efficiency Guidelines. This ordinance is in
Development Services
compliance with the State of California Model Water Efficient.
Landscape Ordinance (AV 1881).
19
The applicant shall coordinate with Caltrans for the freeway sign
Public Works,
relocation and obtain Caltrans concurrence/approval of the
Traffic Engineering
disposition of the sign.
20
The Owner/Developer shall submit a set of improvement plans for
Public Utilities,
Public Utilities Water Engineering review and approval in
Water Engineering
determining the conditions necessary for providing water service to
the project.
21
A private water system with separate water service for fire protection
Public Utilities,
and domestic water shall be provided and shown on plans submitted
Water Engineering
to the Water Engineering Division of the Anaheim Public Utilities
Department.
22
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
and alleys. Any backflow assemblies currently installed in a vault
Water Engineering
will have to be brought up to current standards. Any other large water
system equipment shall be installed to the satisfaction of the Water
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
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.
23
All requests for new water services, backflow equipment, or fire lines,
Public Utilities,
as well as any modifications, relocations, or abandonments of existing
water services, backflow equipment, and fire lines, shall be
Water Engineering
coordinated and permitted through Water Engineering Division of the
Anaheim Public Utilities Department.
24
The Owner shall irrevocably offer to dedicate to the City of Anaheim
Public Utilities,
(i) an easement for all large domestic above -ground water meters and
Water Engineering
fire hydrants, including a five (5) -foot wide easement around the fire
hydrant and/or water meter pad. (ii) a twenty (20) foot wide easement
for all water service mains and service laterals all to the satisfaction
of the Water Engineering Division. The easements shall be granted
on the Water Engineering Division of the Public Utilities
Department's standard water easement deed. The easement deeds
shall include language that requires the Owner to be responsible for
restoring any special surface improvements, other than asphalt
paving, including but not limited to colored concrete, bricks, pavers,
stamped concrete, decorative hardscape, walls or landscaping that
becomes damaged during any excavation, repair or replacement of
City owned water facilities. Provisions for the repair, replacement
and maintenance of all surface improvements other than asphalt
paving shall be the responsibility of the Owner and included and
recorded in the Master CC&R's for the project.
25
The Owner/Developer shall submit to the Public Utilities
Public Utilities,
Department Water Engineering Division an estimate of the
Water Engineering
maximum fire flow rate and maximum day and peak hour water
demands for the project. This information will be used to determine
the adequacy of the existing water system to provide the estimated
water demands. Any off-site water system improvements required to
serve the project shall be done in accordance with Rule No. 15A.1
of the Water Utility Rates, Rules, and Regulations.
26
Prior to approval of permits for improvement plans, the property
Public Utilities,
owner/developer shall coordinate with Electrical Engineering to
establish electrical service requirements and submit electric system
Electrical Engineering
plans, electrical panel drawings, site plans, elevation plans, and related
technical drawings and specifications.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
27
Prior to connection of electrical service, the legal owner shall provide
public Utilities,
to the City of Anaheim a Public Utilities easement with dimensions as
shown on the approved utility service plan.
Electrical Engineering
28
Prior to connection of electrical service, the legal owner shall submit
Public Utilities,
payment to the City of Anaheim for service connection fees.
Electrical Engineering
PRIOR TO FINAL BUILDING AND ZONING INSPECTION
29
All required on-site Water Quality Management Plan and public right
Public Works,
of way improvements shall be completed, operational, and are subject
Development Services
to review and approval by the Construction Services Inspector.
30
All fees and deposits required by the Public Works Department shall
Public Works,
be paid in full.
Development Services
31
Owner/Developer shall install an approved backflow prevention
Public Utilities
assembly on the water service connection(s) serving the property,
Water Engineering
behind property line and building setback in accordance with Public
Utilities Department Water Engineering Division requirements.
32
All trash generated from the facility shall be properly contained in
Planning and Building,
trash bins located within an approved trash enclosure(s). The number
Code Enforcement
of bins shall be adequate and the trash pick-up shall be as frequent as
Division
necessary to ensure the sanitary handling and timely removal of refuse
Public Works,
from thero ert .
p P Y
Operations Division
GENERAL CONDITIONS
33
The following minimum clearances shall be provided around all
Public Utilities,
new and existing public water facilities (e.g. water mains, fire
Water Engineering
hydrants, service laterals, meters, meter boxes, backflow devices,
etc.):
10 feet from structures, footings, walls, stormwater BMPs,
power poles, street lights, and trees.
5 feet from driveways, BCR/ECR of curb returns, and all other
utilities (e.g. storm drain, gas, electric, etc.) or above ground
facilities.
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
34
All new landscaping shall be installed in conformance with Chapter
Planning and Building
18.46 "Landscape and Screening" of the Anaheim Municipal Code
Department
and shall be maintained in perpetuity. Landscaping shall be replaced
Planning Services
in a timely manner in the event that it is removed, damaged, diseased
Division
and/or dead.
35
The facility shall operate in accordance with the Letter of Operation
Planning and Building
submitted as part of the application. Any changes to the facility's
Department
operation described in the Letter of Operation shall be subject to
Planning Services
review and approval by the Planning Director to determine substantial
Division
conformance with said letter and to ensure compatibility with the
surrounding uses.
36
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department
applicant and which plans are on file with the Planning Department
Planning Services
and as conditioned herein.
Division
37
The Applicant shall defend, indemnify, and hold harmless the City
Planning and 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,
Division
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.
38
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
Division
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
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