Loading...
Resolution-PC 2017-077RESOLUTION NO. PC2017-077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05934 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2017-00086) (745 NORTH HARBOR BOULEVARD) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for Conditional Use Permit No. 2017-05934 to permit a transitional housing facility within an existing single family home (referred to herein as the "Proposed Project") for that real property located at 745 North Harbor Boulevard 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 0.09 acre in size and is currently developed with a single-family family home with a detached 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 October 30, 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. 2017-05934, 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 4- PC2017-077 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. 2017-05934, 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 of the surrounding area because the Proposed Project complies with all zoning and development standards, including the required number of parking spaces. 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 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. 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. -2- PC2017-077 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. 2017-05934, 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. 2017-05934 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 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 October 30, 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. CH PERSON, PLANNING COM ION OF THE CITY OF ANAHEIM ATTEST: O'H—� SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3- PC2017-077 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 October 30, 2017, by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, CARBAJAL, DALATI, GILLESPIE, KEYS, LIEBERMAN, WHITE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of October, 2017. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -4- PC2017-077 EXHIBIT "A" DEV NO. 2017-00086 I W p PaK W PN Source Recorded Tract Maps and/or City GIS Please note the accuracy is +/- two to five feet. -5- PC2017-077 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2017-05934 (DEV2017-00086) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 This transitional housing facility shall be limited to a maximum of 15 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 All vehicles associated with the transitional housing facility shall be Planning and Building required to park on-site. Department, Code Enforcement Division 4 Within 60 days of the date of approval, the applicant shall obtain the Planning and Building proper building permits for the interior improvements that were Department completed without the proper permits. 5 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 6 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. 7 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. -6- PC2017-077 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 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 Letter of Operation and the rights contained in this resolution, shall be personal to the Original Owner/Operator and may be exercised 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 and business does not substantially conform to the approved Letter of Operation then an amendment to this Conditional Use Permit shall be required. 9 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. 10 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. 11 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department 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. -7- PC2017-077 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 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. 1 11 -8- PC2017-077