Resolution-PC 2003-112•
RESOLUTION NO. PC2003-112
•
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 931,
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC67-92 AS
AMENDED BY RESOLUTION NO. PC2001-77, ADOPTED THEREWITH
WHEREAS, on May 8, 1967, the Anaheim City Planning Commission did, by its
Resolution No. PC67-92, approve Conditional Use Permit No. 931 to 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, on June 18, 2001, the Planning Commission did, by its Resolution No.
PC2001-77, amend Resolution No. PC67-92 to modify Conditional Use Permit No. 931 and permit a
board and care facility for mentally disabled adults aged 18 to 59 years, to increase the number of clients
to 66 persons, and to approve waiver of minimum number of parking spaces; and that said action
included amending the conditions of approval in their entirety including Condition No. 1 as follows:
That the maximum number of adult residents (ages 18-59 years) shall be limited to
sixty six (66) mentally disabled persons (thirty eight [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.
WHEREAS, the property is developed with a board and care facility (Royal Health Care);
that the zoning is RS-A-43,000 (Residential Agriculturaf); and that the Anaheim General Plan land use
designation is Low-Medium Density Residential; and
WHEREAS, under authority of Code Sections 18.03.091 and 18.03.093, the petitioner
has requested reinstatement of this Conditional Use Permit by the modification or deletion of Condition
No. 1 pertaining to the 2-year time limitation in order to retain the board and care facility for mentally
disabled adults; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 28, 2001 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions 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
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 the use, as proposed to be amended, is properly one for which a conditional use
permit is authorized by the Zoning Code.
2. That the use, as proposed to be amended, will not adversely affect the adjoining land
uses and the growth and development of the area in which it is located.
3. That the size and shape of the site for the use, as proposed to be amended, is adequate
to allow full development of the use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. 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.
Tracking No. CUP2003-04729
cr\PC2003-112.doc -1- PC2003-112
•
•
5. That granting this reinstatement and amendment, under the conditions imposed, will not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
6. That this Conditional Use Permit is being exercised in substantially the same manner and
in conformance with all conditions and stipulations originally approved by the Planning Commission.
7. That this Conditional Use Permit is being exercised in a manner not detrimentaf to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare.
8. That the proposed amendment, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
permit reasonable operation under the Conditional Use Permit as originally granted.
9. That no one indicated their presence at the public hearing in opposition to 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 IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC67-92, amended by Resolution No. PC2001-77 and adopted in
car~nection with Conc}itior~al-kJse Pe~~it No. 931, to-e~instate and approved Conditional Use Permit No.
931, and to amend the conditions of approval in their entirety to read as follows:
That the maximum number of adult residents (ages 18-59 years) for this facility shall be limited to
the number approved by the Department of Social Services, Community Care Licensing Division,
and screened for successful integration into a residential setting.
2. That all existing ground-mounted utility equipment shall be screened from view.
3. That all services provided by this facility, including meals, shall be for the residents at this address
only (1652 West Broadway).
4. That a valid business license, issued by the Business License Division of the City of Anaheim
Planning Department, shall be maintained for this facility.
5. That the number of resident vehicles shall at no time exceed the number of available parking
spaces on the premises, which spaces are open and accessible.
6. That the petitioner shall provide an on-site manager, twenty four (24) hours per day, who will be
responsible for responding to any neighbor's concerns regarding the facility. That the name and
telephone number of the on-site manager shall be kept on file with the Code Enforcement Division.
7. That the trash storage area(s) shall be maintained in a manner satisfactory to the Public Works
Department, Streets and Sanitation Division.
8. That the petitioner shall furnish a copy of the license, with any attached conditions, issued by the
Community Care Licensing Division of the State of California Department of Social Services
authorizing the operation of the adult care facility for seventy (70) residents to the Zoning Division of
the Planning Department. Said license and conditions will be filed with this Conditional Use Permit
and shall, by this reference, become conditions of this Resolution.
-2- PC2003-112
•
•
9. 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.
10. 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 the
twenty four (24} hours from time of occurrence.
11. That the 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 all existing mature landscaping shall be maintained and immediately replaced in the event that
it becomes diseased or dies.
13. That 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, violating,
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.
14. That no signs, which identify this use as a board and care facility, shall be visible off-site.
15. ~hat ~ubjeet prope~Ey sk~atl be-maintained in accordance with__plans and specifications submitted to
the City of Anaheim by the petitioner and which plans are on file in the Planning Department
marked Exhibit Nos. 1 and 2 of Conditional Use Permit No. 931 (as amended under Tracking No.
CUP2001-04354), and as conditioned herein.
16. That the existing landscaping along Broadway shall be refurbished with new shrubs and
groundcover.
17. That the unused freestanding sign adjacent to Broadway shall be removed.
18. That within two (2) months from the date of this Resolution, Condition Nos. 2, 8, 16 and 17, above-
mentioned, shall be complied with.
19. 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.
THE FOREGOING RESOLUTION was adopted at the lanning Commission meeting of
July 28, 2003.
i ~~1~YYllI ~ ~c~l/Y~//~E: ~~"~l,-~i~~l.
RPERSON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CfTY OF ANAHEIM )
-3- PC2003-112
•
~
I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning
Commission held on July 28, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VACANCY: COMMISSIONERS:
IN WITNESS WHE
, 2003.
BOSTWICK, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT
NONE
NONE
ONE
REOF, I have hereunto set my hand this ~day of
/J ., _
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2003-112