Resolution-PC 2017-013RESOLUTION NO. PC2017-013
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING AND ADOPTING
CONDITIONAL USE PERMIT NO. 2016-05891 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2016-00111)
(2922 EAST BELVEDERE ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for Conditional Use Permit No. 2016-05891 to permit
and retain a transitional housing facility within an existing single family home for that real property
located at 2922 East Belvedere Road in the City of Anaheim, County of Orange, State of California,
as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Property, approximately 0.19 acre in size and is currently developed
with a single-family family home with an attached two -car garage. The Property is located within the
"R -L" Residential -Low Density land use designation of the Anaheim General Plan and in the "RS -2"
Single Family Residential Zone and is subject to the zoning and development standards contained in
Chapter 18.04 (Single -Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 23, 2017 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 (Procedures)
of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No.
2016-05891, and to investigate and make findings and recommendations in connection therewith;
and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's Local CEQA Procedure Manual, 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 effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing
Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or
minor alteration of existing public or private structures, facilities, mechanical equipment, or
topographical features, 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 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
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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 with respect to Conditional Use Permit No. 2016- 05891, does find and determine the
following:
1. The request for a conditional use permit for a transitional housing facility is an
allowable use authorized within the "RS -2" Single Family Residential zone, subject to a conditional
use permit; and
2. The proposed establishment of a transitional housing facility complies with all of the
provisions of the "RS -2" Single Family Residential zone and, under the conditions imposed, would
not adversely affect the adjoining land uses and the growth and development of the area in which it
is located because the services provided are for the residents only and the facility will operate
seamlessly within the residential living environment; and
3. The size and shape of the site for the transitional housing facility is adequate to allow
the full development of the proposed use in a manner not detrimental to the particular area or to the
health and safety.
4. The traffic generated by the Proposed Project will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area in that the minimum
number of required parking spaces will be provided on-site and the use is consistent with the Single
Family Residential zone. Therefore, there are no anticipated burdens on streets and highways; and
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim since the proposed use is
conditionally permitted and with the conditions imposed, the proposed transitional housing use will
be compatible with surrounding single family residential uses.
WHEREAS, this 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. This 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 that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Pen -nit No. 2016-05891, contingent
upon and subject to the conditions of approval set forth in Exhibit B attached hereto and
incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the
proposed use of that portion of the Property for which Conditional Use Permit No. 2016-05891 is
applicable 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
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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.
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
January 23, 2017. 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 event of an appeal.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
j'
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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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 January 23, 2017, by the following vote of the members
thereof:
AYES: COMMISSIONERS: BOSTWICK, CALDWELL, CARBAJAL, DALATI,
HENNINGER, LIEBERMAN, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of January, 2017.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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EXHIBIT "A"
DEV NO. 2016-00111
APN: 268-053-01
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2016-05891
(DEV2016-00111)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL CONDITIONS
1
This transitional housing facility shall be limited to a maximum of 16
Planning and Building
residents. The facility shall not provide on-site medical services but
Department,
shall be permitted to provide both group and individual counseling.
Code Enforcement
Division
2
No signs shall be visible from the public right-of-way identifying this
Planning and Building
use as a transitional housing facility.
Department,
Code Enforcement
Division
3
Residents and employees shall utilize no more than four on-site
Planning and Building
parking spaces for personal vehicles on the premises while residing at
Department,
the facility.
Code Enforcement
Division
4
The applicant shall provide an on-site manager or appointed
Planning and Building
responsible party at all times. This person shall be responsible for
Department,
responding to any concerns regarding the operations of the facility.
Code Enforcement
Division
5
Within 30 days of the date of this resolution, the name and telephone
Planning and Building
number of the on-site manager shall be provided to the Code
Department,
Enforcement Division of the Planning Department. The owner can
Code Enforcement
contact the Code Enforcement Division at (714) 765-5158 to
Division
coordinate this contact information. Any staffing changes to this
position shall be reported to the Code Enforcement Division within
30 days.
6
The business shall be operated in accordance with the Letter of
Planning and Building
Request submitted as part of this application. Any changes to the
Department,
business operation as described in that document shall be subject to
Planning Services
review and approval by the Planning Director to determine
Division
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
7
So long as Grandma's House of Hope is the owner and operator of
Planning and Building
the business located at the subject property (herein referred to as the
Department,
"Original Owner/Operator"), the permitted uses described in the
Planning Services
Letter of Operation and the rights contained in this resolution, shall
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NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
be personal to the Original Owner/Operator and may be exercised
Division
only by the Original Owner/Operator and not by any assignee,
sublessee or other transferee of the Original Owner/Operator's
interest in the subject property or any portion thereof. In the event
the Original Owner/Operator is no longer the owner and operator of
the business located at the subject property, the new owner/operator
shall submit a revised Letter of Operation for review by the Planning
Director to determine substantial conformance with the Letter of
Request and to ensure compatibility with the surrounding uses. In
the event that the new Owner/Operator does not substantially
conform to the approved Letter of Operation, then an amendment to
this Conditional Use Permit shall be required.
8
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department
applicant and which plans are on file with the Planning Department
and as conditioned herein.
9
The Applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of
Department
the issuance of the final invoice or prior to the issuance of building
permits 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.
10
The Applicant shall defend, indemnify, and hold harmless the City
Planning and Building
and its officials, officers, employees and agents (collectively
Department
referred to individually and collectively as "Indemnitees") from any
and all claims, 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.
11
The property shall be developed substantially in accordance with
Planning and Building
plans and specifications submitted to the City of Anaheim by the
Department
applicant and which plans are on file with the Planning Department
and as conditioned herein.
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