Resolution-PC 2008-43RESOLUTION NO. PC2008-43
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A
CATEGORICAL EXEMPTION, CLASS 1(EXISITNG FACILITIES) AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05301
(1085 N. HARBOR BOULEVARD)
WHEREAS, on Mazch 31, 2008, the Anaheim Planning Commission did receive
a verified Petition for Conditional Use Permit to permit a medical/clinical research facility for
certain real property situated in the City of Anaheim, County of Orange, State of Califomia,
shown on Exhibit A, attached hereto and incorporated herein by this reference;
WHEREAS, this property is currently developed with a medical office building
within the General Commercial zone and the Anaheim General Plan designates this property for
Low Medium Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public heazing at the Civic
Center in the City of Anaheim on March 31, 2008, at 230 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 18.60, to hear and consider evidence for and against said proposed
conditional use permit 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 the proposed use of a clinical trial facility is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402
(Hospitals).
2. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the azea since the existing building has been used as a
medical office building.
3. That the granting of this Conditional Use Permit will not be detrimental to the
public health, safety and/or welfare, subject to the conditions of this permit herein.
4. That the facts necessazy for required findings aze evident in the body of the record
on file with the City of Anaheim Planning Services Department.
5. That no one indicated their presence at said public hearing in ppposition; and that
a letter was received in opposition to the subject petition.
-1- PC2008-43
WHEREAS, the proposed project falls within the definition of Categorical
Exemption, Section 15303, Class 1(Existing Facilities) as defined in the State CEQA
Guidelines, and is, therefore, exempt from the requirement to prepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheun Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which aze hereby found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health and safety of the Citizens of the City of Anaheim:
Responsible for
No. Conditions of Approval Monitoring
r t
y
~ . ?~ .~
~
f ' s't ~ s s~" ~' ~' r ` s'a ~ •ac' ~ x.- ~'w'< s~x -~.,%'-
s F v'` ' ~',/'~`a~' v
/.S ~ 4.~ 5~ ~ /.s' Y / 6 '4~,`
~
f :7'S1 s~ e`~ .t 2~"' ~ ~
-C i+2 J:
/~
~
j
f
l~~[Y~~ ~ ~
ci ~l . t ^r
5 i' t 4 Jr I,.^~ b{ i~
?r l / Y
c/ t
~
u'
'
n ~
~
'
~
G` r -.^
~
~
~ . ~
. >_t ~~"~} ~ `.~ :C~" ~.
ir'
,.
.
~
e,-" '~" ..~ `
7 ~ f . ~ ?r i,ti,~ ~
z~ cy`. v ~'~'~rs. ~ 3a~'.,. G,.~`s r..°,9 s„~.,! o .,.n "~",z°` £~
r- a ~,.,, r~~'k'_lv;, r.~zz,• l
z.~'e~~~,a~t5-
~ ..,~r.fa"~- ., ~ ~ k,,, .
1 No medical marijuana dispensary or facility shall be Police
established or allowed by this permit in contravention of
Chapter 4.20 of the Anaheim Municipal Code.
2 That the clinical research facilities shall not exceed more Planning
than 20 beds for the purpose of overnight stay of study
volunteers as shown on plans dated January 28, 2008 and on
file with the Plamiing Services Division. Overnight stays by
study volunteers shall be limited to no more two nights
consecutively in a seven day period.
3 That during all clinical research trials and ovemight stays Planning
involving study volunteers, a Califomia licensed physician
shall be in attendance with a minimum of one support staff
member for every 14 study volunteers.
4 That the number of parking spaces provided shall be a Planning
minimum of 48 ofF street pazking spaces at the subject
property as specified by the pazking demand study prepazed
for the City dated January 2008, and on file with Planning
Services Division.
5 That the parking lot serving the premises shall be equipped Planning
with lighting of sufficient power to illuminate and make
easily discernible the appeazance and conduct ofall persons
on or about the pazking lot, or using the exterior building
entryways. Addifionally, the position of such lighting shall
not disturb the normal privacy and use of any neighboring
residences.
-2- PC2008-43
Responsible for
No. Conditions of Approval Monitoring
6 That the property shall be maintained in an orderly fashion Code
by providing regular landscape maintenance, removal of Enforcement
trash or debris, and removal of graffiti within twenty-four
(24) hours from time of occurrence.
7 All clinical research phazmaceutical products used shall be Public Works
properly disposed of without using the building toilet or City
sanitazy sewer system as a means of disposal.
8 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans aze on file
with the Planning Department mazked Exhibit Nos. 1
through 5, and as conditioned herein.
9 Hours of operation shall be limited to Monday through Planning
Saturday 7:00 a.m. to 10:00 p.m. with the exception that
clinical research involving overnight stays by study
volunteers shall be allowed with physician supervision and
medical support staff in attendance during such periods.
10 Approval of this application constitutes approval of the Planning
pzoposed 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 That timing for compliance with conditions of approval may Planning
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(s),
(ii) the modification complies with the Anaheim Municipal
Code and (aii) the applicant has demonstrated significant
' progress toward establishment of the use or approved
development. Extensions for further tune to complete
conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
-3- PC2008-43
No.
Conditions of Approval Responsible for
Monitoring
12 This permit is approved without limitation on the duration of Planning
the use. Amendments, modifications and revocations of this '!
permit may be processed in accordance with Chapters
18.60.190 (Amendment of Pernut Approval) and 18.60.200
(City-Initiated Revocation or Modification of Permits) of the
Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim 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 declazed 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 the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all chazges shall result in delays in the issuance of required
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Mazch 31, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a CiTy Council Rersolution in the event of an appeal.
CHAIRMAN PI~Q-TEI~PORE. ANAI~EIIvT~LANNING COMMISSION
ATTEST:
.~e~--- /~,sk-,~
SENIOR SECRETARY, ANAIIEIM PLANNING COMMISSION
-4- PC2008-43
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on Mazch 31, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, EASTMAN, FAESSEL, KARAICI,
ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BUFFA
IN WITNESS WFIEREOF, I have hereunto set my hand this ~ r~,~ day of
~, ~__, 2008.
/l'~/' - /~~~--e
SENIOR SECRETARY, ANAI-IEIM PLANNING COMMISSION
-5- PC2008-43
Exhibit A
~
~
~ ~
~ F' '.
;
W Q
Z ~
= . . . ... ..
~ U'
~ W,
~
~ J ~
~ .. _. . ,
~ ~
ROMNEYA DR ~e
ao' CARL KARCHER WAY '
. ~
, o
N ~o
`
y
~
. °o T 322 00 3' k::.;_`:'4
_ ~
, ~
~ % ' ry.
~;
' , r ~ 322.00<;"-t~'~ tri.,~'mt
0
~ ': o
W p
,
; 18.80' q~M
-9 p
~R~
~
~LqY
Q
~
VICTOR AVE W
J
~
~
m
~
~
m
~
Q
_
JULIANA ST
o ,o ~~ ~ ~oo~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Source: Recorded Tract Maps and/or City GIS.
k~~ Please note the accuracy is +/-1wo to five feet.
Q Subject Property I ~
0 ~ +
~ ~
Conditional Use Permit
No. 2008-05301 >
~
~
-~ W tAPPLMAAVE ~' i' EL4PALMRAVE ~
l i ~L
O
A
m
0
1085 North Harbor Boulevard ~os o3