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Resolution-PC 2009-056RESOLUTION NO. PC2009-056 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLA3S 1 CATEGORICAL EXEMPTION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2008-05301 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2008-43 (TRACKING NO. 2009-05419) BE GRANTED (1085 NORTH HARBOR BOULEVARD) WHEREAS, on March 3l, 2008, the Anaheim Planning Commission did adopt Resolution No. PC2008-43 approving Conditional Use Permit No. 2008-05301 to perniit a medicaUclinical researcb facility for certain raal property situated in the CiYy of Ahal~eim, County of Orange, State of California, shown on ExhibiC "A", attached hereto and incorporated herein by this reference; WHEREAS, Resolukion No. PC2008-43 includes tbe followiug conditions of approval perCaaning to length of overnight stays for study volunteers and reqviring a licensed pbysician to be on-site during the study trials: "2. That the clinical research facilities shall not exceed more than 20 beds for Che purpose of overnight stay of study volunteers as shown on plans dated January 28, 2008 and on file with the Planning Services Division. Overnight stays by study volunteers shall be ]imited to no more two nights consecutively in a seven day period." "3. ThaC during all cliaical research trials and ovemight stays involving study volunteers, a California licensed pbysician shall be in atYendance with a minimum of one support staff inember for every 14 study volanteers." "9. Hours of opezaCion shall be limited to Monday through Saturday 7:00 a.m. to 10:00 p.m. with the exception that clinical research involving overnight stays by study volu~teers shall be allowed with physician superv3sion and medical support staff in attendance daring such periods." WIIEREAS, Chis groperty is currently developed with a medical research office building within the General Commercial zone and the Anaheim General Plan designates this property for Low Medium Density Residendal land uses; and WHEREAS, tYie Anaheim City Planni~g Commission did receive a veritied Petition to amend Conditional Use Permit No. 2008-05301 (Tracking No. CUP2009-05419) to amend Conditions of Approval Nos. 2, 3 and 9 of ResoluCion No. PC2008-43 to allow ovemight stays for up to 30 consecutive days and to allow California licensed physicians to be either in attendance or on call for Che overc~ight trials; and - 1 - PC2009-056 WIIEREAS, the Plaoni~g Cpmmissiou did hold a public hearing aC the Civic Center in the City of Anaheim on May 27, 2009, ak 2.30 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 18.60, to hear and consider evidence for and against said proposed amendment to the conditional use permit and to investigaCe and make findings a~d recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by iYSelf and in its behalf, and after due cousideration of all evide~ce and reports offered aC said hearing, does find and determine the following facts: 1. That tY~e propased amendment to Couditionai Use PermiC No. 2008-05301 to amend conditions of approva] is authorized by Anaheim Mnnicipal Code Sectiou 18.60190.030 (Major Amendments). 3. That the permiC, as proposed for amendment, wo~ld not adversely affect the adjoining residential and commercial land uses and the growth and development of the area in which it is proposed to be locaCed because the property is currendy improved with an existing medical research facility and no expansion of the medical research facility is proposed. 3. That the size and shape of the site is adequate to allow ihe full development of the proposed nse in a manuer not detrimental to the particular area nor Yo tt~e health, safety and general welfare of the public because the property is currently improved with an medical research facility, no expansion of the medicaJ "research facility square footage is proposed and no variances from the GG zone development standards are requested in connection with this amendme~t to the condiYional use permiC. 4. ThaC the traffic generated by Yhe permit, as proposed for amendment, would not impose an undue burden upon the streets and highways designed and improved to carry the traff'ic in the area as a parking demand study was prepared by the City's traff'ic consultanC in January 3008, to determine the required parking demand for this use. It was concluded that the facility required 46 parking spaces and 48 parking spaces are existing. 5. Tl~at granting this amendment to the conditional use permit, under the condiYions imposed, will not be deCrimental to Che peace, health, safety and general welfare of the citizens af the City of Anaheim. NOW, TFIEREFORE, BE IT RESOLVED that tbe AnaUeim City Planning Commission has reviewed ttie proposed amendment to Conditional Use Permit No. 2008-05301 (Tracking No. CUP2009-05419) and does hereby find that a Class 1(Existing Facilities) Categorical Exemption is adequaYe to serve as the required enviranmental docume~tation in connecCion with this request. BE IT FURTHER RESOLVED t6at the Anaheim Cicy Pla~ning Commission, for the reasons hereinabove stated, does bereby approve the amendment to Conditional Use Perznit - 2 - PC2009-056 No. 2008-Q5301 (Tracking No. CUP2009-05419) to amend Conditions of Approva] Nos. 2, 3 and 9 adopted in connection with Resolution No. PC2008-43 as follows: "2. The clinical research faciliCies shall not exceed more than 20 beds for the purpose of overnight stay of study volunteers as shown on plans dated January 2$, 2008 and on file with the Planning Services Division. Ovemight stays by study volunteers shall be limited to a maximum of 30 consecutive days." "3. D~ri~g all clinical research trials and overnight stays involving sYudy volunteers, a Califomia licensed physician shall either be in attendance or on call with a minimum of one support staff inember for every 14 study volunteers." "9. Hours of operation shall be limited to Monday through Saturday 7:00 a.m. to 10:00 p.m, with the exception [hat clinical research involv4ng overnighC sYays by study volunteers shall be allowed with physicians either in attendance or on call and medical support skaff in attendance during such periods." BE IT FURTF3ER RESOLVED that the AnaYxeim CiCy Planning Commission for the reaso~s hereinabove stated does hereby ame~d, in their entirety, tbe conditions of approval adopted in connection with Planning Commission Resolution No. PC200&-43, as adopted in connaction with Conditional i3se Permit No. 2008-05301, as desaribed in Exhibit "B" aTCached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the progosed use of Che subject praperty in order Yo preserve the health, safety and general welfare of the Citizens of the City of Anahei~. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Planning Commission Resolution No. PC2008-43 adopted in connection with Co~ditiooal Use Permit No. 2D08-05301 shall remain in fall force and effecC. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 {Amendment to Perm3t Approval) of Che Anaheim Municipal Code. BB 3T FCTR3'HER RESOLVED that the Anaheim City Planning Commission does hereby find and deCernune that adoption of t6is Resoiution is expressly predicated upo~ applica~t's compliance with each and all of the conditions hereinabove set fqrth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdaction, then this Resolution, and any approvals herein wntained, shall be deemed null and void. BE IT F[JRTHER RESOLVED thac approval of this application const9tates approval of the proposed requesC o~ly Co the exCent that complies with the Anaheim Municipal Zoning Code and any other applicable CiCy, StaYe and Fefleral regulations. Approval does oot - 3 - PC2009-056 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 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 alI charges shall result in delays in the issuance of required permits or Yhe revocaYion of the approval of this applicaYion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 27, 2009. Said resolution is subject to the appea( provisions set forth in Chapter 18.60, "Zoning Provisions - General" of the Anaheim Municipal Code peRaining to appeal procedures and may be replaced by a City Council Resolution in the evefit of a9,appeal. CHAIRMAN, ATTEST: v ~ CITY PLAT~lN[NG COMMISSION Y, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. C[TY OF ANAHE[M ) 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 the Anaheim City Planning Commission held on May 27, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI,ROMERO NOES: COMM[SSIONERS: NONE ABSENT: COMMISSIONERS: RAMIREZ [N WITNESS WHEREOF, I have hereunto set my hand this 27"' day of May, 2009. ~ ~ v - SENIOR ~ CEZETARY, ANAHEIM CITY P N~NG COMMISS(ON - 4 - PC2009-056 EYfIIBIT ~~a~~ CONDITIONAL iTSE PERMIT NO. 2009-05419 ~ ~ x c~ w J Q ~ ROMNEYA DR VICTOR AVE 1 . . . so mr~ . .. . . . . . .. . . . . . . . .. . r r~ CARL KARCHER WAY L,q 0 > J m ~ ~ m ~ Q _ Source: Recorded Tract Maps and/or Ciry GIS. Please note the accurecy is +/- two to flve feet. 105~3 - 5 - PC2009-056 •,~ . ~q ~ EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2008-05301 (TRACKING NO. CUP2009-05419) Responsible for No. Conditions of Approval Monitoring ~~~~NE12AL ~, ~;, ~ ~. ; ~ ,, 1 No medical marijuana daspensary or facility shall be Police ' established or allowed by this permit in contravention of , ! Chapter 4.20 of the Anaheim Municipal Code. 2 The clinical research faciliYies sball not exceed more than 20 Plaoning beds for the purpose of ovemight stay of study volunteers as ~~ shown on plans dated 7anuary 28, 2008 and on £ile with the Planning Services Divisian. Overnight stays by stvdy volunteers shall be limited to a masimum of 30 consecutive days. 3 During all clinical research trials and overnight stays Planning involving study volunteers, a California licensed physician shall either be in attendance or on call with a minimum of one support staff inember #or every 14 study volunteers. ~ The number of parking spaces provided shall be a minimum Planning of 48 off-street parking spaces at the subject property as specified by the parking demand st~dy prepazed for Yhe City dated January 2008, aod on file with Planning Services Division. 5 The parking lot serving the premises shall be equipped with Planning lighting of a ntinimum 1-foot aandle Co illu~ninate and make ' easily discernible the appearance and conduct of all persons on or about the parking lot, or using the exterior building II entryways. AddiCSonally, the position of sucb lighting shall not disturb the normal privacy and use of any neighboring residences. 6 The property shall be maintained in an orderly fashion by Code providing regular landscape maintenance, removal of trash Enforcement or debris, and removal of graffiti within twenCy-four (24j hours from time of occunence. - 6 - PC2009-056 Responsible for No. Conditions of Approval Monitoring 7 All ctinical research pharmaceutical producCS used shall be Public Works ; properly disposed of withoat using the b~ilding toilet ar City saniYary sewer system as a means of disposal. 8 The subject property shall be developed substantially in Planning accorda~ce with plans and specifications submitted to the City of Anaheim by the peCitioner and which plans aze on file . wiCh Che Planning Department marked Exhibit Nos. 1 ' through 5, and as conditioned herein. 9 Hoars of operation shall be limited to Monday through Planning Sat~rday 7:00 a.m. to 10:00 p.m. with the exception tY~aC clinical research involving overnight stays by sCudy volunteers shall be allowed with physicians either in actendaoce or on call and medieal support staff in attendanee ' during such periods. - 7 - PC2009-056