Resolution-PC 2015-034RESOLUTION NO. PC2015 -034
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2003 - 04761,
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2015- 00010)
(1143 -1155 North Anaheim Boulevard)
WHEREAS, on October 6, 2003, and subject to certain conditions of approval, the
Planning Commission of the City of Anaheim (the "Planning Commission "), by its Resolution
No. PC2003 -135, approved Conditional Use Permit No. 2003 -04761 (herein referred to as the
"Original CUP ") to permit an adult day care center with up to 36 students at 1147 North Anaheim
Boulevard in the City of Anaheim, County of Orange, State of California, which is generally
depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the
"Property "); and
WHEREAS, on December 13, 2004, and subject to certain conditions of approval, the
Planning Commission, by motion approved a one year time extension to comply with conditions
of approval and a request for determination of substantial conformance to amend floor plans for
the addition of 938 square feet to the previously- approved adult daycare facility for a staff lounge,
training room and storage facility; and
WHEREAS, on August 3, 2009, and subject to certain conditions of approval, the
Planning Commission by its Resolution No. PC2009 -072, approved an amendment to Conditional
Use Permit No. 2003 -04761 to amend a condition of approval to allow up to 44 adult day care
students for a previously- approved adult day care center; and
WHEREAS, the Original CUP and the subsequent amendments shall be referred to herein
collectively as the "CUP ". The conditions of approval which were the subject of the Original
CUP, as amended and modified by the subsequent approvals, shall be referred to herein
collectively as the "Previous Conditions of Approval "; and
WHEREAS, the Planning Commission did receive a verified petition to further amend
the CUP to permit the expansion of the existing adult care facility from approximately 7,664
square feet to approximately 9,039 square feet that will enable the facility to increase the
number of adult day care students from 44 to 64 students ( "Proposed Project ") pursuant to
Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) of Title 18
(Zoning) of the Anaheim Municipal Code ( "Code "). Said amendment to the CUP is designated
herein as Conditional Use Permit No. 2003 -04761 C; and
WHEREAS, the Property is currently developed with an office building, including the
adult day care facility. The Property is located in the "CG" General Commercial Zone and is
subject to the zoning and development standards contained in Chapter 18.08 (Commercial
Zones) of the Code. The Anaheim General Plan designates this Property for Parks land uses; and
WHEREAS, pursuant to the California Environmental Quality Act (Public Resources
Code Section 21000 et seq.; herein referred to as "CEQA ") and the State of California
Guidelines for Implementation of the California Environmental Quality Act (commencing with
Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State
- 1 - PC2015 -034
CEQA Guidelines "), the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the Proposed Project is
within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the repair,
maintenance, and /or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of the State CEQA Guidelines, the
Proposed Project will not cause a significant effect on the environment and is, therefore,
categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 4, 2015, at 5:00 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of Chapter 18.60 of the
Code, to hear and consider evidence and testimony for and against the Proposed Project and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Planning 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 with respect to Conditional Use Permit
No. 2003 -04671 C:
1. The request to permit the Proposed Project is an allowable use as a "Day Care
Center" within the "C -G" Commercial General Zone under subsection .030 of Section 18.08 of
the Code provided that a conditional use permit is approved; and
2. The proposed amendment to Conditional Use Permit No. 2003 -04761 to permit
the expansion of an adult daycare facility with up to 64 clients into an adjacent tenant space at
the Property would not adversely affect the adjoining land uses, or the growth and development
of the area in which it is proposed to be located because the use is consistent with the operational
characteristics of the original approval for an adult day care facility; and
3. The size and shape of the site is adequate to allow the full development of the
adult day care facility in a manner not detrimental to the particular area or to the health and
safety because the property is currently improved with a commercial center with no proposed
expansion and the existing building currently utilized as a adult day care facility.
4. The traffic generated by the adult day care facility, as expanded, will not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the
area because the traffic generated by this use will not exceed the anticipated volumes of traffic
on the surrounding streets and adequate parking will be provided to accommodate the use.
Further, the number of vehicles entering and exiting the site are consistent with existing and
permitted businesses within the building and the number of parking spaces complies with code
with 43 spaces required and 56 spaces provided.
5. The granting of Conditional Use Permit No. 2003- 04671C under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide a land use that is compatible with the surrounding area, subject to compliance
with the conditions contained herein.
-2- PC2015 -034
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission, for the reasons
hereinabove stated, that Conditional Use Permit No. 2003-04761C is hereby approved, thereby
amending the CUP and permitting up to 64 students at the adult day care facility for the
Proposed Project.
BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution,
the conditions of approval attached to this Resolution as Exhibit B and incorporated herein by
this reference (the "Revised Conditions of Approval ") amend the Previous Conditions of
Approval and hereby replace the Previous Conditions of Approval in their entirety. All
references to the conditions of approval for the CUP and Conditional Use Permit No. 2003-
04761 C shall be to the Revised Conditions of Approval attached to this Resolution as Exhibit B ,
which shall control and govern the CUP, as amended by Conditional Use Permit No. 2003-
04761 C.
BE IT FURTHER RESOLVED that the conditions of approval described in Exhibit B
attached hereto, are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 2003-04761C in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may 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, (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this
permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City- Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the 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 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.
-3 - PC2015 -034
BE IT FURTHER RESOLVED that approval of this application constitutes approval of
the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 4, 2015. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the ev rtof an appeal.
CHAI MAN, PLANNI MMISSION
O TE CITY OF AN
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 4, 2015, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, DALATI,
LIEBERMAN, RAMIREZ, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day of May, 2015.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
-4- PC2015 -034
EXHIBIT " A "
DEV NO. 2015-00010
APN: 267- 134 -23
W CARL KARCHER WAY
O
115'
J
CC)
Vf C
Z G
Q W
cli (N a
z Z
d
Z
115'
N�
'
l�
9 ,®
Source: Recorded Tract Maps and /or City GIS.
[J Feet Please note the accuracy is +/- two to five feet.
-5- PC2015 -034
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04761
(CONDITIONAL USE PERMIT NO. 2003-04761C)
(DEV2015- 00010)
-6- PC2015 -034
RESPONSIBLE
NO.
CONDITIONS OF APPROVAL
DEPARTMENT
GENERAL
1
A maximum of 64 adult day care students up may be enrolled in the day
Planning Department,
Code Enforcement
care facility at any one time.
Division
2
On -going during project operation, no required parking areas shall be
Public Works, Traffic
and Transportation
fenced or otherwise enclosed for outdoor storage uses.
Division
3
Trash storage area(s) shall be maintained to the satisfaction of the Public
Public Works,
Works Department, Streets and Sanitation Division, including the
Street and
installation of trash enclosure gates, in compliance with approved plans
Sanitation/Operations
on file with said Department.
4
All clients served by this facility shall arrive and depart by public or
Planning Department,
Code Enforcement
private bush shuttle, as proposed by the project applicant.
Division
5
The project shall provide on -site passenger loading and unloading in the
Public Works, Traffic
manner approved by the City Traffic and Transportation Manager.
and Transportation
Division
6
Any graffiti painted or marked upon the premises or on any adjacent area
Planning Department,
under the control of the licensee shall be removed or painted over within
Code Enforcement
24 hours of being applied.
Division
7
Four (4) foot high address numbers shall continue to be displayed on the
Police Department
building roof in a contrasting color to the roof material. The numbers
shall not be visible to the street or adjacent or nearby properties. Said
information shall be in compliance with plans approved by the Police
Department, Community Services Division.
8
The applicant is responsible for paying all charges related to the
Planning Department,
processing of this discretionary case application within 30 days of the
Planning Services
issuance of the final invoice or prior to the issuance of building permits
Division
for this project, whichever occurs first. Failure to pay all charges shall
result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
-6- PC2015 -034
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
9
The Applicant shall defend, indemnify, and hold harmless the City and
Planning Department,
its officials, officers, employees and agents (collectively referred to
Planning Services
individually and collectively as "Indemnitees ") from any and all claims,
Division
actions or proceedings brought against Indemnitees to attack, review, set
aside, void, or annul the decision of the Indemnitees concerning this
permit or any of the proceedings, acts or determinations taken, done, or
made prior to the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages,
fees and /or costs awarded against or incurred by Indemnitees and costs of
suit, claim or litigation, including without limitation attorneys' fees and
other costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
10
The subject Property shall be developed substantially in accordance with
Planning Department,
plans and specifications submitted to the City of Anaheim by the
Planning Services
applicant and which plans are on file with the Planning Department, and
Division
as conditioned herein.
-7- PC2015 -034