Resolution-PC 2001-77•
RESOLUTION NO. PC2001-77
~
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC67-92,
ADOPTED IN CONNECTION WITH CONDITfONAL USE PERMIT NO. 931,
AND PERMITTING THE MODIFIED USE FOR A PERIOD OF TWO YEARS UNTIL JUNE 18, 2003
WHEREAS, on May 8, 1967, the Anaheim City Planning Commission did adopt
Resolution No. PC67-92 to approve Conditional Use Permit No. 931 and permit establishment of a rest
home at 1652 West Broadway; that waivers of required setback, parking within a setback and parking
requirements were denied; and that the approved plans illustrate a 40-bed rest home; and
WHEREAS, the property is developed with a 40-bed rest home (Amaryllis Court) in the
RS-A-43,000 "Residential Agricultural" zone; and that the General Plan land use designation is Low-
Medium Density Residential; and
WHEREAS, the petitioner has requested modification to the operational conditions of the
existing rest home to permit a board and care facility for mentally disabled adults aged 18 to 59 years, to
increase the number of clients from 40 to 66 persons, and to permit waiver of the minimum number of
parking spaces; and
WHEREAS, the City Planning Commission did hofd a public hearing at the Civic Center
in the City of Anaheim on June 18, 2001 at 1:30 p.m., notice of said public hearing having been duly
given as requ~red by iaw-and in accordaRCe with the provisians of the Anaheim Municipal-Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the meeting of May 21, 2001; and
WHEREAS, said 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:
1. That amending the existing conditional use permit is properly a use which is authorized
by the Anaheim Municipal Code to permit a board and care facility for mentally disabled adults aged 18 to
59 years and to increase the number of clients to 66 persons with waiver of the following:
Sections 18.06.050.026.0265 - Minimum number of parkinq spaces.
and 18.21.066.010 (53 required; 11 proposed)
2. That a parking study was prepared for the proposal by Kimley-Horn and Associates and
dated May 21, 2001, and concluded that a maximum of 10 parking spaces are required to meet the peak
demand of the use, as proposed to be amended; and that the City Traffic and Transportation Manager
concurred with parking study.
3. That the parking waiver, under the conditions imposed, wilf not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate
all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation
of such use.
4. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
Tracking No. CUP 2001-04354
CR5112PK.doc -1- PC2001-77
~ •
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed
use (which property is not expressly provided as parking for such use under an agreement in compliance
with Section 18.06.010.020 of the Anaheim Municipal Code).
6. Thaf the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for such use.
7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed
use.
8. That amending the use, as proposed, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located; and that the existing
use has operated since 1967 and no Code violations have been identified.
9. That the size and shape of the site for the use, as proposed to be amended, is adequate
to allow full development of the proposal in a manner not detrimental to the particular area nor to the
peace, health, safety and general welfare; and that the facility has operated as a 40-bed facility since
1967, and the increase to 66 clients will be accommodated within the existing building.
10. That the traffic generated by the use, as proposed to be amended, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area; and
that this is a care facility where few residents maintain vehicles on-site or travel to and from the site by
vehicle on a regular basis.
11. That amending this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
12. That no one indicated their presence at the public hearing in opposition to the proposal;
that two people spoke in favor of the proposal; that one person spoke asking for clarification regarding
the proposal; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR)
Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE 17 RESOLVED that the Anaheim City Planning Commission
does hereby amend Resolution No. PC67-92, adopted in connection with Conditional Use Permit No.
931, to permit a board and care facility for sixty six (66) mentally disabled adults aged 18 to 59 years with
waiver of the minimum number of parking spaces; and
BE IT FURTHER RESOLVED that the conditions of approval be amended in their entirety
to read as follows:
That the maximum number of adult residents (ages 18-59 years) shall be limited to sixty six (66)
mentally disabled persons (thirty [38] ambulatory and twenty eight [28] non-ambulatory) screened
for successful integration into a residential setting. This portion of the conditional use permit shall
expire two (2) years from the date of this resolution on June 18, 2003.
2. That the petitioner shall furnish a copy of the license, with any attached conditions, issued by the
State of California Department of Social Services, Community Care Licensing Division, authorizing
the operation of the adult care facility to the Zoning Division of the Planning Department. Said
conditions shall also become conditions of this resolution.
-2- PC2001-77
~
~
3. That the existing structure shall comply with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as
adopted by the City of Anaheim.
4. That the number of resident and staff vehicles shall at no time exceed the number of on-site parking
spaces, which spaces are open and accessible.
5. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty
four (24) hours irom time of occurrence.
6. That all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
7. That the granting of the parking waiver is contingent upon operation of the use in conformance with
the assumptions and/or conclusions relating to the operation and intensity of use as contained in
the parking demand study that formed the basis for approval of said waiver. Exceeding, violatfng,
intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained
in the parking demand study, shall be deemed a violation of the expressed conditions imposed
upon said waiver which shall subject this conditional use permit, to termination or modification
pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
That prior to commencing operation of this use, a valid business license shall be obtained from the
City of Anaheim Business License Division of the Finance Department.
9. That all services, including meals, provided at this facility shall be for the residents of this address
only (i.e., 1652 West Broadway).
10. That there shall be a twenty four (24) hour-a-day on-site manager who will be responsible for
responding to neighborhood concerns regarding this facility. The name and telephone number of
the manager shall be submitted to and kept on file by the Code Enforcement Division.
11. That operation of this facility shall be limited to non-medical board and care, dispensing of
prescribed medications and assisting with activities of daily living.
12. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department for Conditional Use Permit No. 931, as amended (Tracking No. CUP 2001-04354), and
marked Exhibit Nos. 1 and 2, as conditioned herein.
13. That within a period of one (1) month from the date of this resolution, Condition Nos. 2, 8, 10 and
12, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
14. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set fo~th. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judgment of any cou~t of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
-3- PC2001-77
~
~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 18, 2001. ~ n /\ _
CHAIRPERSON,~AN~HEIM Gltl( PLANNING COMMISSION
ATTEST:
~ ~
SECRETARY, ANAHEIM CfTY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, 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 June 18, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
^t- IN WITNESS WHEREOF, I have hereunto set my hand this 1~~ day of
~1 v ~ ~ , 2001.
~~,~-L~.._~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2001-77