Resolution-PC 2004-147~ ~ ~ ~ ~ . . / . . . . ~. ~ . . . . ~. ~ ..
RESOLUTION NO. PC2004-147
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETI710N FOR CONDITIONAL USE PERMIT NO. 2004-04930 BE GRANTED
(2145 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permitfor certain real property situated in the City of Anaheim, County of Orange, State of California, '
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described as ' _
THE WESTERLY 115.36 FEET OF THE SOUTH 281.00 FEET OF THE PROPERTY
DESCRIBED AS FOLLOWS:
THAT PORTION OF THE SOUTHWEST QUARTER DF THE SOUTHWEST QUARTER OF
SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON
A MAP THEREOF, RECORDED 1N BOOK 51, PAGE 10, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 157 OF TRACT NO. 2093, AS
SHOWN ON A MAP THEREOF, RECORDED IN BOOK 76, PAGES 45 T0 48, 1NCLUSIVE,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 0° 21'
35" EAST 640 FEET TO THE SOUTH LINE OF SAID SECTION 5; THENCE NORTH 89 ° 46'
20" EAST ALONG SAID SOUTH LINE 255.73 FEET TO THE SOUTHERLY PROLONGATION
OF THE WESTERLY LINE OF LOT 1 OF SAID TRACT NO. 2093; THEN NORTH 0° 21; 35:
WEST 640 FEET TO THE SOUTHEAST CORNER OF LOT 159 OF SAID TRACT NO. 2093;
THENCE SOUTH 89° 46' 20" WEST 255.73 FEET TO THE POINT OF BEGINNING.
EXCEPTWG THEREFROM THOSE PORTIONS OF SAfD LAND CONVEYED TO THE STATE
OF CALIFORNIA, BY GRANT DEED, DATED NOVEMBER 5, 1996, AND RECORDED MAY 8,
' 1997, AS INSTRUMENT NO. 19970213742, AND BY A QUITCLAIM DEED, DATED ,
NOVEMBER 5, 1996, AND RECORDED DECEMBER 23, 1997, AS INSTUMENT NO.
19970659507, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 13, 2004, at 2:00 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
18.66.040.030, 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 proposed use, is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.08.030.040.0402 to wit: to permit an adult day health care center. '
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the proposal is similar to and
compatible with other permitted and conditionally permitted uses in the GG (BCC) (General Commercial;
Brookhurst Commercial Corridor) Zone and that the adult day health care facility would be similar to the
previous use of the building as an office.
3. That the proposed use will not, under the conditions imposed, adversely affect the adjoining
office, commercial and residential land uses nor restrict the growth and developmenf of the area in which it is
proposed to be located.
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4. That the size and shape of the site for the proposed use is adequate to allow, full
development of the proposal in a manner not detrimenta) to the particular area nor to the peace, health,
safety and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area based on the proposaPs method of
operation whereby clients ofthe facility would arrive and depart primarilyvia shuttle.
6. That granting 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.
7. 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 QUALI7Y 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 Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. 7hat the maximum number of clients at this adult day health care center shall be lirnited to 200; and
that the hours of operation shall be limited to the following as stipulated to by the petitioner:
Monday through Friday: 8:00 a.m. to 5:00 p.m.
2. That no portable signs shall be utilized to advertise the business. All permanent signs shall be
submitted to by the Planning Services Division for review and approval. Any decision made by said
Division may be appealed to the Planning Commission as a`Reports and Recommendations' item.
3. That due to the change in use and occupancy of the building, plans shall be submitted to the Building
Division showing compliance with minimum standards of the City of Anaheim. The p(ans shall be
prepared by a licensed architect and the appropriate permits shall be obtained for any necessary work.
4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use.
5. This condition was deleted at the meeting.
6. That the project shall provide on-site passenger loading and unloading in a manner acceptable to the
City Traffic and Transportation Manager. Such information shall be specifically shown on the plans
submitted for building permits.
7. 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 from time of occurrence.
8. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to
the roof material. The numbers shall not be visible to the street or adjacent and nearby properties. ;
Said information shall be specifically shown on plans submitted to the Police Department, Community
Services Division, for review and approvaL
9. That if the business is equipped with an alarm system (silent or audible} a Burglary/Robbery Alarm
Permit application shall be completed and submitted to the Police Department.
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10. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to review and approval by the City Traffic and Transportation Manager.
11. 'That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 471
pertaining to parking standards and driVeway locations. ; Subject property shall thereupon be developed
and maintained in conformance with said approved plans.
12. That subject propertyshall be maintained 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 :
bepartment marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
13. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this
resolution, or within a period of one (1) year from #he date of this resolution, whichever occurs first, '
Condition Nos. 3, 6, 8, 9, 10 and'11, above-mentioned, shafl be complied with.' Extensions for further
time to complete said conditions may be granted in accordance with Section 18.60.170 (Extensions of
time to comply with conditions of approval) of the Anaheim Municipal Code.
14. That prior to final building and zoning inspections,or prior to commencement of the activity authorized
by this resolution, whichever occurs first, Condition No. 12, above-mentioned, shall be'complied with.
" 15. 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
regulationsc 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 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 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 the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 7 days of 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 the revocation of the approval of this application.
7HE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
December 13, 2004. Said resolution is subject to the appeal provisi ns set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appea du es and ~Placed by a City
Council Resolution in the event of an appeaL ,,,.-~„,~. ,
~~ CHAIRMA'td~NAHEINI'~'CANNING COMMISSION
ATT
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S NIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of theAnaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on December 13, 2004, by the following vote of the members thereof:
AYES: ' COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELAZQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION