Resolution-PC 2003-85~ •
RESOLUTION NO. PC2003-85
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04373
FOR TWO (2) YEARS UNTIL JUNE 18, 2005, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL ADOPTED THEREWITH
WHEREAS, on June 18, 2001, the Anaheim City Planning Commission did, by its
Resolution No. PC2001-78, grant Conditional Use Permit No. 2001-04373 to permit a mobile magnetic
resonance imagining ("MRI") unit and generator located in the parking lot of a medical office building at
555 North State College Boulevard with waiver of minimum number of parking spaces (95 spaces
required, 85 spaces approved); and that said Resolution includes the following condition of approval:
That this conditional use permit shall expire two (2) years from the date of this
resolution, on June 18, 2003.
WHEREAS, the property is developed with a 16,500 square foot 2-story office building in
the CL (Commercial, Limited) Zone; and that the Anaheim General Plan designates this properry for
General Commercial land uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain the mobile magnetic resonance imaging unit and generator under authority of Code Section
18.03.093; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 16, 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 amendmen# and to investigate and maks
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 the use proposed to be reinstated is one that is not listed in the Anaheim Municipal
Code as being a permitted use.
2. That the proposal, as reinstated, will not adversely affect the adjoining land uses and the
growth and development of the area in which it is located.
3. That the size and shape of the site for the proposal is adequate to allow full development
of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare.
4. That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area.
5. That granting this reinstatement including the waiver of minimum number of parking
spaces will not, under the conditions imposed, be detrimental to the peace, health, safety and general
welfare of the citizens of the City of Anaheim.
6. That this conditional use permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
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7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That one person spoke at the public hearing with concerns about the request; that no one
indicated their presence at the hearing in opposition; and that no correspondence was received in
opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition 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 amend Resolution No. PC2001-78, adopted in connection with Conditional Use Permit No. 2001-
04373, to reinstate this Conditional Use Permit for a period of two years until June 18, 2005; and
BE IT FURTHER RESOLVED that the Planning Commission does hereby amend the
conditions of approval in their entirety, to read as follows:
That this conditional use permit shall expire in two (2) years, on June 18, 2005.
2. Recommended Condifion No. 2 was intentionally deleted at the June 16, 2003 public hearing.
3. That no'compacY or'small car' parking spaces shall be permitted.
4. (a) That the hours of operation shall be limited to 7 a.m. to 7 p.m. on Saturdays;
(b) That the equipment shall arrive no later than 8 p.m. on Fridays: and
(c) That the unit shall be removed by 8 p.m. on the day of operation.
5. That minimum one (1) gallon sized clinging vines on maximum three (3) foot centers or tall
shrubbery shall be maintained adjacent to the existing trash enclosure.
6. That the property shall be maintained in compliance with the most current versions of Engineering
Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations for
commercial properties, and as approved by the Traffic and Transportation Manager.
7. 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 Revision No. 1 of Exhibit No. 1(dated June 4, 2002), and as conditioned
herein.
8. That the MRI trailer and generator shall both be maintained at the south property line; the
generator shall be located along the eastern most end of the south property line; and the MRI
trailer shall be located adjacent to and west of the generator. The petitioner shall maintain
compliance with the revised site plan (labeled Revision No. 1 of Exhibit No. 1 and dated June 4,
2002) which shows the approved location of the MRI Trailer.
9. Recommended Condition No. 9 was intentionally delefed at the June 16, 2003 public hearing.
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.
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
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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 adopted at the Planning Commission meeting of
June 16, 2003.
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CHAIRPERSON, ANAH IM CI PLANNING COMMISSION
ATTEST:
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SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Osbelia Edmundson, Support Supervisor 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 16, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACA~!T: COMM!SSlONERS: OlVE POSITlON
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of
, 2003.
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SUPPORT SUPERVISOR, ANAHEIM CITY PLANNING COMMISSION
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