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Resolution-PC 2001-78• RESOLUTION NO. PC2001-78 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04373 BE GRANTED FOR A PERIOD OF TWO YEARS UNTIL JUNE 18, 2003 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT 3 OF ANAHEIM EXTENSION, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAMS HAMEL AND FILED IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, DESCRIBED AS FOLOWS: PARCEL 2 AS SHOWN ON A MAP RECORDED IN BOOK 83, PAGE 4 OF PARCEL MAPS, IN THE COUNTY RECORDERS OFFICE OF SAID ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 18, 2001 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to - - - investigste-and Fnake-findi~gs and recommendations-in-EO-nn~Etion ~k~er-ewith;--and-- - - WHEREAS, said 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, does find and determine the following facts: 1. That the proposed use is properly one that is authorized by Anaheim Municipal Code Section 18.03.030.010 to permit a mobile magnetic resonance imaging ("MRI") unit and generator located in the parking lot of a medical office building with waiver of the following: Sections 18.06.050.021.0211 - Minimum number of parking spaces. 18.06.050.0212 (95 required; 85 proposed and concurred with by the City Traffic and 18.44.066.050 and Transportation Section) 2. That the waiver, minimum number of parking spaces, is hereby approved on the basis of the letter of operation submitted by the petitioner to substantiate that the existing parking supply is adequate for the proposed mobile MRI unit (i.e., trailer) and the existing businesses in the office building at 555 North State College Boulevard; and that the Traffic and Transportation Section concurs that 85 spaces are adequate to serve the combined uses on this property. 3. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposal than the number of such spaces necessary to accommodate all vehicles attributable to the uses under the normal and reasonably foreseeable conditions of operation of such uses. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal. 5. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposal (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code). CR5114PK.doc -1- PC2001-78 ~ ~ 6. That the waiver, under the conditions imposed, will not increase tra~c congestion within the off-street parking areas or lots provided for the proposal. 7. That the waiver, 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 proposal. 8. That the proposed use (MRI trailer) wilt not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because of the temporary and periodic nature of the proposed use; that the growth or development of the surrounding area will not be impacted; and that the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 9. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 10. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 11. That one person spoke at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's -- autFior-ized-represen#a#ive-has-determi~ted ~~a# ~he-pFOposed-projeet falls wi#nin tk~e de#i~ti#ion-of Categorical Exemptions, Class 11, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That this conditional use permit shall expire two (2) years from the date of this resolution, on June 18, 2003. 2. That no "compact" or "small ca~' parking spaces shall be permitted. (a) The hours of operation shall be limited to 7 a.m. to 7 p.m. on Saturdays, and (b) The equipment shall not arrive after 8 p.m. on Fridays, and (c) The unit shall be removed by 8 p.m. on the day of operation. 4. That recommended Condition No. 4 was deleted at the June 18, 2001 public hearing. 5. That minimum one (1) gallon sized clinging vines on maximum three (3) foot centers or tall shrubbery shall be planted adjacent to the existing trash enclosure. 6. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations for commercial properties. Subject property shall thereupon be developed and maintained in conformance with said plans. 7. That the legal property owner shall provide the City of Anaheim with a public utilities easement to be determined as electrical design is completed. -2- PC2001-78 • • 8. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 9. That within a period of finro (2) months from the date of this resolution, Condition Nos. 5, 6, 7, 8 and 11, herein-mentioned shall be complied with. 10. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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. 11. (a) That the generator shall be placed further south on the west property line next to trash enclosure; (b) That the MRI trailer shall be backed up against the trash enclosure (in front of the generator on the west property line; and (c) That the petitioner shall submit a revised exhibit (i.e., site plan) to illustrate the approved locations of the generator and the MRI trailer. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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. THE FOREGOING RESOLUTION was ado~e ~the Planning Commission meeting of June 18, 2001. n CHAIRpE~t$ON, ~4NAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~ - SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on June 18, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~v ~ y , 2001. .~C.~.~~a-~-- ~~~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-78