Resolution-PC 2009-051RESOLUTION NO. PC2009-051
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATBGORICAL EXEMPTION CLASS 1
AND APPROVING VARIANCE NO. 2009-04772
(1811 EAST CENTER STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition
for Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, the petitioner requests a variance from parking requirements to convert
an existing office building to a medical office building iu tbe Low Intensity Office {OL) zone and
the Anaheim General Plan designates this property for Low Density Residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on Apr1127, 2009 at 230 p.m., notice of said public hearing having been
duly given as required by law and in aceordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
variance and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Plannin; 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 a~d determine the following facts:
1. The applicant requests a variance from the following Code Section to convert an
existiog office building into a single use medical office that would provide physical therapy:
(a) SECTION NO. 18.42.040.010 Minimum number of parking spaces
(30 spaces required; 24 spaces proposed)
2. The above-menzioned variance, under the conditio~s impased, will not cause fewer
off-street parking spaces to be provided for such use than the number of such spaces necessary to
accommod'ate all vehicles attributable to the proposal under the normal and reasonably foreseeable
operation of such use as indicated in the parkingjustification letter submitted by the applicant.
3. The parking variance, under the conditiQns imgosed, will noY increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in
the parking jostification ]etter sabmitCed by the applicant The letter sCates that the parking lot is
adequate to accommodate the ma~cimum parking demand for this site.
4. The variance will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicin3Cy of the proposed use since all parking is contained on-
site within the property boundaries.
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5. The vadance will not increase traffic congestion within the off-street parking areas
provided for Che proposed use as indicated in the parking justification letter and Chere are no new
points of ingress and egress proposed in conjunction with this request.
NOW, TT-IEREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission has reviewed the proposal and does hereby find that a Class 1 Categorical Exemption
in connection with the proposed Variance No. 2009-04772 is adequate to serve as the required
environmental documentation in connection with this request.
BE IT FURTHER RESOJ~VFD tk~at the Anaheim City Flanning Commission does
hereby approve Variance No. 2009-04772 subject to the conditions of approval described in Exhibit
"B" attached hereto and incorporated by this reference, which are hereby found to be a necessary
prerequisite to the proposed ase of t6e subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim.
BE IT FURTHER RESOLVED that this Variance is approved without lircritations on
the hours of op~ratioo or duration of the use. Amendments, modiflcations and revocations of this
Variance may be processed in accordance with Chapters 18.60190 (Amendments to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anabeim
Manicipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planni~g Commission does
hereby find and deternune ChaY adopkion of Chis Resolution is expressly predicaYed ~pon agplicant'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 the applicanC is respoosible for paying all
charges related to the processing of tbis discretionary case application within 15 days of Che
issuance of the final invoice or prior to the issuance of building permits for this project, whichever
occors first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocaCia~ of the approval of this application. _
THE FOREGOING RESOLUTION was adopted at the Anaheim CiCy Planning
Commission meeting af April 27, 2009. 3aid resol~tion is sabject Co the appeal provisions set forth
in ChapCer 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.
~~ ~~ ~., C.~~
CHAII2MAN, A~ AH~11~I CTI'Y PLA~G COMMISSION
ATTEST:
SEN30R CRETARY, ANAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITX OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of Yhe Anaheim City Planning
Commission held on Apri127, 2009, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WiTNESS WHEI2EOF, I have hereunCO set my hand thas 27`~ day of April, 2009.
~ ~/
SENIOR S~CRETARY, ANAHEIM CITY PLANNING COMMISSION
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Ex~siT ~~a~~
VARI:INCE NO. 2009-0~4772
LINCOLN AVE
FRONTAGE RD
~
° rv` ~0°Q~ Source: Recorded Tract Maps andlor City GIS.
, Please note the accuracy is +/- lwo to five teet.
10745
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EXHIBIT "B"
VARIANCE NO. 2009-04772
RESPONSIBLE
NO. CONDITIONS OF APPROVAL FOR
MONITORING
GENERAL >
1 3'he subject property shall be developed substantially in Planning
' accordance with plans submitted to the City of Anaheim by ;
the applicant and which plans are on file with the Planning '
Department marked Exhibit Nos. 1(Site Plan), 2 and 3
(First and Second Floor Plans) 4(Trash Enclosure Detail)
and as conditioned herein.
2 GranYing of tbe parking variance is co~6ngenC upon Planning
operation of this medical office for physical therapy use, not
medical of£ices in general. Farther, the operation of this use
shall be in conformance with the assumpcions and/or
conclusions relating to the operation and intensity of use as
contained in the parking justification letter submitted by the
applicant that formed the basis for approval of said
variance. Exceeding, violating inteosifying or otl~erwise
deviafing from any of said assumptions and/or conclusions,
as contained in the parking justification letter, shall be
deemed a violation of the expressed conditions imposed
upon said variance which shall subject this variance to
ternunation pursuant to the provisions of Chapter 18.60
Procedures of the Anaheim Municipal Code.
3 Approval of this application constitutes approval of the Planning
proposed request only to the exCent that it complies with
_ the Anaheim Municipal Zoning Code and any other -
applicable City, State and Federal regulations. Appmval
does not inclade any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requ3reme~t.
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