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Resolution-PC 2003-149• RESOLUTION NO. PC2003-149 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-147 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2002-04595 WHEREAS, on September 23, 2002, the Anaheim City Planning Commission did, by its Resolution No. PC2002-147, grant Conditional Use Permit No. 2002-04595, in part, to expand an existing emergency room, permit and retain a mobile MRI trailer and five mobile trailers, and reconfigure the parking lot for an existing hospital with waiver of minimum number of parking spaces (476 spaces required, 376 spaces proposed); and that said resolution includes the following conditions of approval: That approval of the four (4) office trailers shatl expire one (1) year from the date of this resolution on September 23, 2003. 2. That approval of the MRI trailer shall expire one (1) year from the date of this resolution on September 23, 2003. 20. That prior to issuance of a building permit by the appropriate governmental agency or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 4, 5, 6, 7, 8, 9, 12 and 13, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance witf~ ~~stion ~8.03-.090 of the Ar~ahei~-M~nic4pal Code. WHEREAS, the property is developed with Anaheim General Hospital; that the zoning is CL (Commercial, Limited); and that the Genera! Plan land use designation is 'Commercial Professional'; and WHEREAS, the petitioner submitted a letter requesting amendment to the conditions of approval to remove the time limitation pertaining to the magnetic resonance imaging (MRI) trailer (which is on-site a maximum of three days per week) and for an extension of time to comply with conditions of approval for the previously-approved emergency room expansion under authority of Code Sections 18.03.092 (Time Limits for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) and 18.03.093 (Conditional Use Permits and Variances approved with Time Limitations); and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 3, 2003, 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 amendment and' to investigate and make findings and recommendations in connection therewith; 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 amending this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safery and general welfare of the citizens of the Ciry of Anaheim. 2. That granting an extension of time to comply with the conditions of approval will not extend the approval beyond two extensions of time; and that this is the first request for a time extension. 3. That this conditional use permit, as amended, remains consistent with the Anaheim General Plan and with the zoning designation for the property. Tracking No. CUP2003-04752 CR\PC2003-149.doc -1- PC2003-149 • ~ 4. That no code amendments have occurred that would cause this conditional use permit, as amended, to be inconsistent with the Zoning Code. 5. That the subject property has been maintained in a safe, clean, and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by a site inspection of the property by Code Enforcement staff. 6. That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of this proposal. 7. That the proposed modification of the time limitation for the MRI trailer is necessary to permit reasonable operation of the MRI unit on an interim basis until such time as said use is incorporated into the hospital expansion. 8. 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: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2002-04595 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of ~he-i~i~ia~ s~udy a~d ~ny comments receEVed ~h~t ~here is no substar~tial-evide~E~that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend the conditions of approval, in their entirety, of Resolution No. PC2002-147 adopted in connection with Conditional Use Permit No. 2002-04595, to read as follows: 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. That any required relocation of City electrical facilities shall be at the developer's expense; and that landscape and/or hardscape screening of all padmounted equipment shall be required and shall be shown on plans submitted to the City for review and approval. 3. That all driveways shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 4. That plans shall be submitted to the City Tra#fic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Said information shall be specifically shown on the plans submitted for building permits. 5. That lighting fixtures in any proposed parking area located adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative and shall be directed away from adjacent residentiat property lines to protect the residential integrity of the area; and that said information shall be specified on the plans submitted for building permits. 6. That four (4) foot high street address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. The numbers shall not be visible to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits. -2- PC2003-149 • . 7. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements of subsection 18.44.030.120 of Anaheim Municipal Code Section 18.44.030 (Permitted Accessory Uses and Structures) pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on the plans submitted for building permits. 8. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 9. That the property shall be permanentfy maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 10. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate any off-site windows. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 11. That final landscaping and irrigation plans for subject property showing plant type, size and location (including minimum twenty four (24)-inch box sized trees) shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said landscaping and irrigation plan may be appealed to the Planning Commission and/or City Council. ~ 12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, _ _ _ _ _ damaged, diseased aodLor dies.,. 13. That the landscaping planters shall be permanently maintained with live and healthy plants. 14. That no exterior vending machines shall be permitted which would be visible off-site. 15. That the proposal shall comply with all signing requirements of the CL (Commercial, Limited) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. 16. That all non-emergency deliveries shall take place between the hours of 7 a.m. and 7 p.m. 17. That the MRI trailer (including the air conditioning unit) shall be powered by an underground-connected electrical power source; and that the unit shall not be powered by the existing generator. 18. That delivery of the MRI unit shall not take place earlier than 7 a.m.; and that removal of the unit shall not take place later than 7 p.m. 19. That operation of the MRI unit shall be limited to three (3) days per week. 20. That the subject property shall be developed 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 Nos. 1, 2, 3, 4 and 5, as conditioned herein. 21. That prior to issuance of a building permit by the appropriate governmental agency or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 10 and 11, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 22. That prior to final building and zoning inspections or prior to occupancy of the structures requiring Ciry of Anaheim building permits, whichever occurs first, Condition No. 20, herein-mentioned, shall be complied with. -3- PC2003-149 . ~ 23. 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. 24. That approval of the four (4) office trailers shall expire in one (1) year on September 23, 2004. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 3, 2003. ~ RPERSON, ANAHEIM CITY PLANNING COMMISSION ATT ~ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISStON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1,. Fat Chandler, -Sen.ior Secreiary o# the_Anaheim City Pla.nning. Commission, do_h_ e~eby certif.y that the foregoing Resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on November 3, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this /~/ ~ ay of , 2003. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-149