Resolution-PC 2008-18
•
RESOLUTION NO. PC2008-18
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05290
BE GRANTED (921-923 SOUTH BEACH BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 1: THE NORTH 162.00 FEET OF THE SOUTH 362.00 FEET OF
THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE RANCHO LOS COYOTES, CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51 PAGE 11, OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, EXCEPT THE EAST 40.00 FEET
THEREOF.
PARCEL 2: THE EAST 8.00 FEET OF THE NORTH 162.00 FEET OF THE
SOUTH 362.00 FEET OF THE WEST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY QF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, Conditional Use Permit No. 2007-05290 is proposed to permit
the conversion of an existing motel to a residential care facility for disabled adults with
waiver of the minimum number of parking spaces; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 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, 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 conversion of an existing motel to a residential care facility is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.08.030.010 (Group Care Facilities). The proposed project also includes waiver of the
following:
_ 1 _ PC2008-18
• •
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(40 required; 21 proposed)
2. That the parking waiver is hereby approved based on information received by the
applicant. The applicant submitted a letter of operation stating that tenancy will be restricted to
persons with developmental disabilities (as defined in Section 4512 of the State Welfare and
Institutions Code); no parking spaces will be needed for the residents since they are very low
income, disabled, and do not have the resources to afford the cost of owning, insuring, and
maintaining a vehicle. In addition, a small bus will provide daily transportation for the residents
to their jobs and other activities. The parking lot will only be used by the on-site manager, one
part time maintenance worker, and occasional visitation by case workers from anon-profit
agency. Lastly, the California Department of Developmental Services (CDDS) indicates that
less than 5 percent of this population have a license to drive a motor vehicle. Therefore, based
on the information contained in the applicant's letter of operation and the CDDS letter, the
requested variance will not cause fewer off-street parking spaces to be provided for the proposed
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.
3. That the proposed use would not adversely affect the adjoining land uses and the
growth and development of the area in which it is located because the operation would be
contained within the building and professionally managed by an on-site manager; and
4. That the traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because adequate
parking is provided on-site; and
5. That granting this conditional use permit, under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim; and
6. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby grant subject Petition for Conditional Use Permit, with the waiver of
the aforesaid provision of the Anaheim Municipal Code, 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 health and safety of the Citizens of the City of Anaheim:
_ 2 _ PC2008-18
u
Responsible for
COA Conditions of Approval Monitoring
TIMING: PRIOR TO ISSUANCE OF B UILDING PERMIT
That the owner of subject property shall submit a letter to the Planning Services Planning
COA 1 Department requesting termination of Variance No. 1200.
GENERAL
That no required parking areas shall be fenced or otherwise enclosed for outdoor Code
COA 2 storage uses. Enforcement
COA 3 That no public telephones on the property shall be located outside the building. Code
Enforcement
That trash storage areas shall be permanently provided in a location acceptable to Public Works
COA 4 the Public Works Department, Streets and Sanitation Division.
That final landscaping plans shall be submitted to the Planning Department for
COA 5 review and approval. Any decision made by the Planning Department maybe Planning
appealed to the Planning Commission as a Reports and Recommendations item.
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, violating, intensifying or otherwise
deviating from any of said assumptions and/or conclusions, as contained in the Planning
COA 6 parking demand study, shall be deemed a violation of the expressed conditions
imposed upon said waiver which shall subject this entitlement to termination or
modification pursuant to the provisions of Section 18.60.21 of the Anaheim
Municipal Code.
That the property shall be permanently maintained in an orderly fashion through Code
COA 7 the provision of regular landscaping maintenance, removal of trash or debris, and Enforcement
removal of graffiti within twenty-four (24) hours from the time of discovery.
That subject property shall be developed substantially in accordance with plans
COA 8 and specifications submitted to the City of Anaheim by project applicant and planning
which plans are on file with the Planning Department marked Exhibit Nos. 1, 2,
3, and 4 of Conditional Use Permit No. 2007-05290, and as conditioned herein.
_ 3 _ PC2008-18
• •
Responsible for
COA Conditions of Approval Monitoring
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
COA 9 any other applicable City, State and Federal regulations. Approval does not Planning
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
COA 10 That extensions for further time to complete conditions of approval maybe
Planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
That, as stipulated by the applicant, the existing freestanding pole sign adjacent to
COA 11 Beach Boulevard shall be removed prior to final building and zoning inspections. planning
Any new signage shall comply with Section 18.44 of the Anaheim Municipal
Code.
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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of February 4, 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 AN, AH IM PL ING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_ 4 _ PC2008-18
•
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 February 4, 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 20th day of
February, 2008.
~-
Gz~ ~, ~ ~
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_ 5 _ PC2008-18