Resolution-PC 2018-029RESOLUTION NO. PC2018-029
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05962
AND VARIANCE NO. 2018-05107 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2018-00032)
(280 NORTH WILSHIRE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-
05962 and Variance No. 2018-05107 to establish a recuperative care facility for up to 75 beds
within an existing commercial building with less parking than required by the Zoning Code (the
"Proposed Project") on that real property located at 280 North Wilshire Avenue 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 is approximately 0.7 -acres in size and is currently
developed with a one-story, commercial building. The Anaheim General Plan designates the
Property for "O -L" Office Low land uses. The Property is located in the "C -G" General
Commercial Zone, meaning that the Property is subject to the zoning and development
standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the
"Code"); and
WHEREAS, the Proposed Project is a use not expressly authorized or permitted in
the Commercial Zone and is also not authorized or mentioned in any zone throughout the City.
Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval
Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph
.0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and
determined that the Proposed Project does not fit into an existing use class, as provided in
subsection .020 (Inclusion of Specific Uses) of Section 18.3 6.020 (Classification of Uses), but
may be authorized by conditional use permit until such time as the Code is amended to include
such a use; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 30, 2018 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. 2018-05962 and Variance No. 2018-05107, and to investigate and make
findings and recommendations in connection therewith, and the public hearing was continued
by the Planning Commission to the May 30, 2018 meeting at 5:00 p.m; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 30, 2018 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 Conditional Use Permit
No. 2018-05962 and Variance No. 2018-05107, and to investigate and make findings and
recommendations in connection therewith; and
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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
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 the Proposed Project and, specifically, with respect to the request
for Conditional Use Permit No. 2018-05962, does find and determine the following:
1. The proposed request to establish a recuperative care facility for up to 75
persons within the "C -G" General Commercial Zone is an Unlisted Use for which a conditional
use permit is authorized under .0201 of Subsection .020 (Unlisted Uses Permitted) of Section
18.66.040 of the Code.
2. The proposed conditional use permit to establish a recuperative care facility
for up to 75 persons, as conditioned herein, would not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located subject to
conditions of approval contained herein to ensure that the business is operated in a responsible
manner and would not have an adverse effect on the surrounding residential and commercial
land uses in the area.
3. The size and shape of the site for the recuperative care 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 facility 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 and circulation will be provided to accommodate the use. The
facility's clients will not be permitted to possess a vehicle while at the facility, and the
anticipated parking demand for staff is not expected to exceed ten parking spaces.
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 as the proposed
land use will continue to be integrated with the surrounding commercial, office and multi -family
residential uses on North Wilshire Avenue and would not pose a health or safety risk to the
citizens of the City of Anaheim.
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WHEREAS, based upon a parking justification letter submitted by the applicant,
the Planning Commission does further find and determine that the request for Variance No.
2018-05107 to allow fewer parking spaces than required by the Code should be approved for
the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(60 spaces required; 36 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for such use than the number of spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably
foreseeable conditions of operation of such use because clients are not permitted to drive and
there are a maximum of 10 staff members on the premises at any time. An operations
justification letter was prepared by the applicant which states that the proposed number of
parking spaces within the Property would be sufficient to accommodate staff and visitors; and
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Property because the proposed number of parking spaces within the Property is sufficient to
accommodate the proposed use on site, as determined by the applicant's parking justification
letter; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the proposed number of parking spaces within the Property
is sufficient to accommodate the proposed use on site, as determined by the applicant's parking
justification letter; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress via an existing driveway along Wilshire
Avenue; and
5. That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use because the project site has existing ingress or egress access points
that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity
of the Property; and
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.
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NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05962 and
Variance No. 2018-05107, 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. 2018-05962 and Variance No. 2018-05107 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 May 30, 2018. 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, PLANN COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
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 May 30, 2018 by the following vote of the members
thereof:
AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE,
KEYS, WHITE
NOES: COMMISSIONERS: LIEBERMAN
ABSENT: COMMISSIONERS: CARBAJAL
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of May, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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APN: 255 ^,11 "^
EXHIBIT "A"
DEV NO. 2018-00032
yr BIRCHMONI Ll�
140'
L'i
W LINCOLN AVE
WLINCOLN AVE
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
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EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2018-05962 AND
VARIANCE NO. 2018-05107
(DEV2018-00032)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
1
This permit shall be subject to a six (6) month review by the Planning
Planning and Building
Commission, commencing from the date of occupancy. Planning
Department,
Department staff will report back to the Planning Commission as a
"Reports
Planning Services
and Recommendations" (R&R) item in order to verify that
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the recuperative care facility is operating without negative impacts to
the surrounding neighborhood. Surrounding properties shall be
notified in advance of the Planning Commission meeting and the
applicant shall pay for the cost of processing this R&R item. Future
compliance reviews may be required if significant violations are
identified in the future or if required by the Planning Commission.
2
The business shall be operated in accordance with the Letter of
Planning and Building
Request and House Rules submitted as part of this application. Once
Department,
the business operator has been selected, a revised Letter of Operation,
Planning Services
that ensures that the use will be a recuperative care facility, and an
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operations plan to ensure that the use will operate in a manner that
will not create negative impacts to the surrounding community, shall
Police Department
be submitted to the Planning Department for review by the Police
Department and approval by the Planning Director to determine
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
3
The facility shall not be operated as an "Emergency Shelter" as
Planning and Building
defined in Section 50801(e) of the California Health and Safety Code.
Department,
The facility operator shall provide short-term care and case
Planning Services
management to individuals who are homeless or at risk of being
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homeless who have been referred by or discharged from a
government, community or licensed medical facility who are
recovering from an acute illness or injury that does not necessitate
hospitalization during recovery. All clients shall be transported to the
facility by the business operator or family members. No "walk-in"
clients shall be accepted at the facility.
4
The facility operator shall comply with with all State and/or Federal
Planning and Building
licensing requirements and the standards specified in the latest version
Department,
of the Standards for Medical Respite Programs, prepared by the
Planning Services
National Health Care for the Homeless Council.
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5
There shall be no outdoor activities or loitering in the common area
Planning and Building
adjacent to the residential properties to the north (rear property line)
Department,
after 8:00 p.m. seven days a week. This restriction may be modified,
planning Services
subject to review and approval by the Planning and Building Director
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to ensure that the adjacent residential properties are not impacted by
any outdoor activities in this area.
6
Prior to occupancy and initial operation of the facility, the name and
Planning and Building
telephone number of an on-site manager shall be provided to the Code
Department,
Enforcement Division of the Planning Department. This person shall
Code Enforcement
be responsible for responding to any concerns regarding the
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operations of the facility at all times. The owner and operator shall
contact the Code Enforcement Division at (714) 765-5158 to
coordinate this contact information. Any staffing changes to this
position shall be reported to the Code Enforcement Division within
30 days.
7
a. Closed circuit television (CCTV) security system shall be
police Department
installed within the following coverage areas:
• Interior lobby entrances and hallways
• Building perimeter, parking lot and exterior pedestrian entry
• Common Areas
b. If security cameras are not monitored, signs indicating so should
be placed at each camera.
c. CCTV monitors and recorders should be secured in a separate
locked compartment to prevent theft of, or tampering with, the
recording.
d. With advances in technology, digital and wireless CCTV security
systems are readily available and highly recommended over older
VHS or "Tape" recording systems.
e. CCTV recordings should be kept for a minimum of 30 days before
being deleted or recorded over.
8
a. Address number shall be positioned so as to be readily readable
police Department
from the street. Main building numbers should be a minimum
height of 12". Numbers should be illuminated during hours of
darkness.
b. Rooftop address numbers shall be provided for the police
helicopter. Numbers shall be a minimum size of 4 feet in height
and 2 feet in width. The lines of the numbers are to be a minimum
of 6 inches thick. Numbers should be spaced 12 to 18 inches apart.
Numbers should be painted or constructed in a contrasting color
to the roofing material. Numbers should face the street to which
the structure is addressed. Numbers are not to be visible from
ground level.
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9
SIGNAGE:
Police Department
a. "No Trespassing 602(k) P.C." posted at the entrances of parking
lots and located in other appropriate places (i.e., Resident
gathering points and access points, bicycle parking, etc.). Signs
must be at least 12" wide x 24" high in overall size, with white
background and black 2" lettering.
b. All entrances to parking areas should be posted with appropriate
signs per 22658(a) C.V.C. to assist in removal of vehicles at the
property owner's/manager's request.
10
a. Monument signs and addresses shall be well lighted during hours
Police Department
of darkness.
b. Adequate lighting of parking lots, circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall
be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on
or about the premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and vehicles
on-site.
c. Minimum recommended lighting level in all parking lots in 0.5
foot-candle maintained, measured at the parking surface, with a
maximum to minimum ratio no greater than 15:1.
11
a. Common rooms, such as recreation areas, laundry rooms,
Police Department
conference rooms, etc., should have transparent doors, view
panels installed in solid doors, or have a window installed next to
the door for increased visibility into the room.
b. Doorways, alcoves, etc., should not be recessed to the extent that
a place is created for a person to stand and go unobserved.
12
A detailed emergency action plan, for persons both with and without
Police Department
disability, shall be provided to the Police and Fire Departments.
This shall include (but not limited to):
• Emergency Evacuation/Escape Plan
• Shelter in Place Plan
13
All trash generated from the facility shall be properly contained in
Planning and Building
trash bins located within an approved trash enclosure(s). The number
Department,
of bins shall be adequate and the trash pick-up shall be as frequent as
Code Enforcement
necessary to ensure the sanitary handling and timely removal of refuse
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from the property.
Public Works
Department,
Sanitation Division
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14
Submit Solid Waste Management Plan to Public Works Department
Planning and Building
for review and approval. If food will be served, include plan for
Department,
disposal of excess food and/or space for an organics cart/bin for scraps
Public Works
to comply with AB 1826. Provide separate grease container, if
Department,
applicable.
Sanitation Division
GENERAL CONDITIONS
15
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
Planning Services
and as conditioned herein.
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16
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
Planning Services
claims, actions or proceedings brought against Indemnitees to attack,
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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.
17
The applicant is responsible for paying all charges related to the
Planning and Building
processing of this discretionary case application within 30 days of the
Department,
issuance of the final invoice or prior to the issuance of building permits
Planning Services
for this project, whichever occurs first. Failure to pay all charges shall
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result in delays in the issuance of required permits or may result in the
revocation of the approval of this application.
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