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Resolution-PC 2020-023RESOLUTION NO. PC2020-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 3640 AND ADMINISTRATIVE ADJUSTMENT NO. 2020-00445 (DEV2020-00037) (1731 WEST MEDICAL CENTER DRIVE) WHEREAS, on September 30, 1985, the Planning Commission adopted Resolution No. PC85-216 approving Conditional Use Permit No. 2720 (herein referred to as the "Original CUP") to construct a 179 -unit assisting living facility and a 99 -bed skilled nursing facility with waiver of required lot frontage on a property consisting of two separate parcels under the same ownership located at 1731 West Medical Drive (the "Property"); and WHEREAS, on November 21, 1988, the Planning Commission adopted Resolution No. PC88-322 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 No. 1 and Parcel No. 2 to complete construction of the facility (herein referred to as the "First Amendment to the Original CUP"); and WHEREAS, on November 1, 1993, the Planning Commission adopted Resolution No. PC93-119 approving Conditional Use Permit No. 3640 (herein referred to as "CUP 3640") to permit a 16 -unit (16 -bed) expansion to an existing 179 -unit 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. PC2015-056 approving Conditional Use Permit 3640A, Variance No. 2015-05000, and Administrative Adjustment No. 2014-00361 to construct a two-story, 58 -unit expansion to an existing assisted living facility with fewer parking spaces than required and a higher floor area ratio (FAR) than permitted by the Anaheim Municipal Code (herein referred to as the "Code"); and, WHEREAS, on July 10, 2017, the Planning Commission adopted Resolution No. PC2017- 060 approving Conditional Use Permit 3640B to approve an amendment to the CUP to modify Condition of Approval No. 9 to allow two existing vehicle gates to remain on-site. WHEREAS, the Planning Commission of the City of Anaheim did receive a verified petition for the approval of an amendment to Conditional Use Permit 3640C to convert eleven (11) assisted living units into sixteen (16) memory care units at an existing assisted living facility, and Administrative Adjustment No. 2020-00445 to permit less parking spaces than required by the Code (referred to herein as the "Proposed Project") for that certain real property located at 1731 West Medical Center Drive in the City of Anaheim, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property"); and - I - PC2020-023 WHEREAS, the conditions of approval that were the subject of the Original CUP and all subsequent amendments shall be referred to herein as the "Previous Conditions of Approval"; and WHEREAS, the Property is approximately 6.9 -acres in size and is currently developed with a senior assisted living facility on two separate parcels under the same ownership. The property is located in the "C -G" General Commercial Zone and has a General Plan land use designation of Institutional (I); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 27, 2020 at 5:00 p.m. and 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 Conditional Use Permit No. 3640C and Administrative Adjustment No. 2020-00445 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 (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 alterations of the existing assisted living facility; 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; 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. 3640C, does find and determine that the evidence presented shows that all of the following conditions exist: 1) The Proposed Project is permitted in the C -G Zone subject to approval of a Conditional Use Permit under Section 18.08.030.0402 (Convalescent & Rest Homes) 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 because the Project is compatible with existing residential and commercial uses in the surrounding area because no building footprint expansion or intensification of the land use is proposed; and, - 2 - PC2020-023 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 the Project will be compatible with the existing facility and surrounding land uses; 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 intent of the studio units will be for treating patients that do not operate their own vehicles, and the number of staff will not increase as part of the Proposed Project; and, 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 will not pose a health or safety risk to the citizens of the City of Anaheim or the adjoining City. WHEREAS, the Planning Commission does further find and determine that the request for Administrative Adjustment No. 2020-00445 to permit fewer parking spaces than required by the Code shall be approved for the following reasons: 1) The adjustment is consistent with the purposes and intent of the Zoning Code; 2) The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; 3) The adjustment will not produce a result that is out of character or detrimental to the Neighborhood. The existing assisted living facility requires 206 parking spaces and the applicant requests a deviation to provide 183 parking spaces. Administrative Adjustment No. 2020-00445 allows for a 20 percent deviation in terms of required number of parking spaces. Based on the proposed 257 unit count and utilizing the 20 percent parking reduction in conjunction with the 0.8 parking space requirement, a minimum of 165 parking spaces would be required and 183 parking spaces are proposed. This parking deviation can be justified because a parking demand increase will not occur for the facility as there is an existing surplus of parking spaces, and also because the studio units will be for treating patients that do not operate their own vehicles. The proposed parking adjustment will not impact the Project site or the surrounding neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 3640C and Administrative Adjustment No. 2020-000445. 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. 3640C, 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. 3640C and Administrative Adjustment No. 2020-00445; and, - 3 - PC2020-023 BE IT FURTHER RESOLVED that, based upon the aforesaid findings and determinations, the Planning Commission does hereby approve Conditional Use Permit No. 3640- C, contingent upon and subject to the Revised Conditions of Approval, attached as Exhibit B, 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 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) 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. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the Proposed Project 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 May 27, 2020. 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. C3 CHA4PAIC90N PX04EMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: ate---� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2020-023 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 May 27, 2020 by the following vote of the members thereof: AYES: COMMISSIONERS: KEYS, MEEKS, MULLEADY, VADODARIA, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ARMSTRONG, LIEBERMAN IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of May, 2020. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2020-023 EXHIBIT "►4►" DEQ' NO. 2020-00037 AFN: 072-150-76 07Z-150-72 FULLERTON W MEDICAL CENTER VR Source ReDorded Ttad Maps and;or City GIS Please note the accuracy is +I- thvo to five feet. - 6 - PC2020-023 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 3640C AND ADMINISTRATIVE ADJUSTMENT NO. 2020-000445 (DEV2020-00037) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 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 for this project, whichever occurs first. Failure to pay all Planning Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 2 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 claims, actions or proceedings brought against Indemnitees to attack, Planning Services review, set aside, void, or annul the decision of the Indemnitees Division 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. 3 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 and as conditioned herein. Planning Services Division PRIOR TO THE ISSUANCE OF BUILDING PERMITS 4 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 L- approved grading plan. -7- PC2020-023 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 5 The addition of controlled egress mechanisms for the memory care Anaheim Fire area shall require plan approval by Anaheim Fire & Rescue, as well Department as tie in to the fire alarm system. PRIOR TO ISSUANCE OF THE GRADING PERMIT 6 Prepare and submit a final grading plan showing building footprints, Public Works, pad elevations, finished grades, drainage routes, retaining walls, Development Services erosion control, slope easements and other pertinent information and studies, in accordance with Anaheim Municipal Code and the California Building Code, latest edition. 7 Prepare a Stormwater Pollution Prevention Plan (SWPPP). The Public Works, SWPPP shall be kept at the project site and be available for Public Development Services Works Development Services Division review upon request. PRIOR TO ISSUANCE OF BUILDING AND ZONING INSPECTIONS 8 All remaining fees/deposits required by Public Works department Public Works, must be paid in full. Development Services - 8 - PC2020-023