Resolution-PC 2008-11
RESOLUTION NO. PC2007-11
•
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING
AND APPROVING CONDITIONAL USE PERMIT NO. 2002-04610
(TRACKING NO. CUP2007-05281),
AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-154,
ADOPTED THEREWITH
(125-157 W. CERRITOS -SULTAN ADULT DAY CARE)
WHEREAS, on October 7, 2002, the Anaheim Planning Commission adopted
Resolution No. PC2002-154 in connection with Conditional Use Permit No. 2002-04610 to
permit a 13,650 square foot adult day care facility in an existing office/industrial building with
waiver of minimum number of parking spaces located at125-157 W. Cerritos Avenue; and
WHEREAS, said Resolution No. PC2002-154 includes the following condition of
approval:
"12. That this conditional use permit shall expire on October 7, 2007."
WHEREAS, this property is currently developed with a multiple building
commercial/industrial center within the South Anaheim Boulevard Corridor Overlay zoning and
the Anaheim General Plan designates this property for General Commercial land uses; and
WHEREAS, the applicant has requested reinstatement of this conditional use
permit to retain apreviously-approved adult day care center with fewer parking spaces than
required by code and to remove the time limitation pursuant to Code Section 18.60 of the
Anaheim Municipal Code; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on January 23, 2008, at 2:30 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 18.60 "Procedures", to hear and consider evidence for and against said
proposed amendment 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 reinstatement of this permit and the deletion of conditions of
approval pertaining to a time limitation to retain apreviously-approved adult day care center is
properly one for which a conditional use permit is authorized under Code Section 18.08.030
(unlisted uses) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim
Municipal Code and that the aforesaid waiver of minimum parking spaces was previously
approved in connection with Conditional Use Permit No. 2002-04610 pursuant to the findings set
forth in Resolution No. PC2002-154 and that said findings have not changed.
-1- PC2008-11
• •
2. That the proposal, as conditioned, will not adversely affect the adjoining land uses
and the growth and development of the area in which it is located because the use permit has
been operated in substantially the same manner as originally approved by the Planning
Commission.
3. That the Code Enforcement Division indicates that no complaints have been
received regarding the operation of this business, the conditions of approval have been complied
with and the property is being properly maintained.
4. That the facts necessary to support each and every required showing for the
original approval of the entitlement exist.
5. That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
6. That granting this reinstatement, under the conditions imposed, will not be
detrimental to the peace, health and safety of the citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition; and that
no correspondence was received in opposition to the subject request.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal and does hereby find that the
Categorical Exemption previously approved in connection with Conditional Use Permit No.
2002-04610 is adequate to serve as the required environmental documentation in connection with
this request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional
Use Permit No. 2002-04610 to permit an adult daycare center with fewer parking spaces than
required by code and no time limitation 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:
-2- PC2008-11
•
•
Responsible for
COA Conditions of Approval Monitoring
GENERAL'° ~ ~ ~ -1
COA 1 The hours of operation for this adult day care business (for Planning
persons 65 years of age and older) shall be limited to
Monday through Friday 9:00 a.m. to 3:00 p.m.; and that the
number of clients shall be limited to two hundred (200).
COA 2 No portable signs shall be utilized to advertise this business; Planning
that signs shall be limited to the two existing wall sign
cabinets; and that any additional signs shall be reviewed and
approved by the Planning Commission as a "Reports and
Recommendations" item.
COA 3 The client drop-off and loading area shall be limited to the Planning
north parking lot immediately adjacent to the building.
COA 4 No required parking area shall be fenced or otherwise Planning
enclosed for storage or other outdoor uses.
COA 5 The property shall be permanently maintained in an orderly Planning
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.
COA 6 Subject property shall be maintained substantially in Planning
accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on file
with the Planning Department marked Exhibit Nos. 1 and 2,
and conditioned herein.
COA 7 Approval of this application constitutes approval of the Planning
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.
-3- PC2008-ll
r~
L
BE IT FURTHER RESOLVED that the Anaheim 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 the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 23, 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60 "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal.
CHA A NAHEIM P ING COMMISSION
ATTEST:
C~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on January 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 20`h day of
February, 2008.
SENOR SECRETARY, ANAHEIM PLANNING COMMISSION
_4_ PC2008-11