Resolution-PC 2009-072RESOLUTION NO. PC2009-072
A RESOLUTION OF T`HE ANAHEIM CITY PI.ANNING COMMISSION
APPROVING A CLA3S 1, CATEGORICAL EXEMPTION AND
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2003-04761
(TRACKING NO. CUP2009-05426),
AND AMENDING A CERTAIN CONDITION OF APPROVAL OF
RESOLUTION NO. PC2003-135
(1143 - I 155 NORTH ANAHEIM BOULEVARD)
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit No. 2003-04761, to amend a condition of approval
perCaining Co maximum number of clie~ts for a previously-approved adult day care center
pursuaot to Code Section No. 18.60190 of the Anaheim M~nicipal Code for certain real
properCy situated in the CiCy of Anaheim, Co~nty of Orange, State of Califamia, shown on
Exhibit "A", attached hereto and incorporated herein by this reference;
WHEREAS, on October 6, 2003, the Anaheim City Planning Commission
a~lopted Resolution No. PC2003-135 approving Conditional Use Permit No. 2003-04761 for
an adult day care ceoter for up to 36 clients; and
WHEREAS, on December 13, 2004, the Anaheim City Planni~g Commission
approved by motion, a one-year time extension in order for the applicant ro comply with
conditions of approval and a substantial conformance request to add 938 square feet for a
staff lounge, restroorra, training room and storage area; and
WHEREAS, this property is currently developed with an office building,
located in the Commercial, General (CG) Zone and the Anaheim General Plan designates
this property for General Industrial aud Mixed Use land uses; and
WHEREAS, the Planning Commission did bold a public hearing at tbe Civic
Center in the Ciry of Anaheim on Augost 3, 2009, at 2:30 p.m., noCice of said public hearing
having been duly given as required by ]aw and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to heaz and consider evidence for and against said
proposed Conditional Use Permit and to investigate and make findin~s and recommendations i^
connection therewith; and
WHEREAS, Condition of Approval No. 1 of Resolution No. 2003-135 states the
followin~:
"That Che maximum number of clients at this adult daycare facility (for
developmentally disabled adults) shall be limited to Chirty six (36); and that the hoors of
operation shall be limited to the following as sYipulated to by the petitioner:
Monday through Friday: 8:30 a.m. to 5:00 p.m."
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WHEREAS, the applicant proposes Co increase the number of clieots for the
existing adult daycare facility for developmentally disabled adults to forty-four (44) and expand
into an adjacent l,$76 square foot tenant space; and
WHEREAS, said Commission, after due inspection, investigation and study made
by iCSelf and in its behaif, and after due coosideration of all evidence and reports offered aY said
hearing, does find and datermine the following facts:
l. That the proposed amendment Yo the conditional use permiC is praperly one for
which a conditional use permit is authorized by Anaheim Municipal Code Seckion 18.08.030.050
(Uses, Commercial Zones) and 18.36.040 (Non-Residential Primary Use Classesj of the Zoning
Code to expand an adulC daycare facility.
2. The proposed amendment to permit the expansion of an adult daycare facility
with up to forty-four (44) clients into an adjacent tenant space would not adversely affect the
surroandang land ~ses and tl~e growth and development of the area in which it is proposed to be
located because the property is currently developed with a commercial shopping center in
compliance with Code requirements.
3. The size and shape of the site is adeq~ate to allow Che full development af the
proposed use in a manner not detrimental to the particulaz area nor to the health, safety and
general welfare of the poblic because the property is currently improved with a commercial
center with no proposed expansion.
4. The traffic generated by the proposed amendmeut to the conditiooal use permit
wo~ld not impose an undue hurden upon the streets and higbways designed and improved to
carry hl~e traffic in the area beca~se Che number of vehicles entering and exiting the site are
consiskent wiCh existing and permitYed businesses wiChin the building and the number of puking
spaces complies with code with 49 spaces required and 55 spaces provided.
5. The granting of the amendment to the conditional use permit under the conditions
imposed will not be detrimental Yo Yhe health and safety of the ciCizens of the City af Anaheim.
WHEREAS, the proposed project falls within the definitio~ of Categorical
Exemptions, Class 1(Existing Facilities) as defined in the State CEQA Guidelines, and is
Cherefore, exempt from khe requireme~t to prepare additional environmental documentation.
THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission,
for the reasons hereinabove stated, does hereby approve an amendment to Conditional Use
Pernut No.20~3-04761 (3'zacking No. CUP 2009-05426) sobjecC to the conditions of approval
which are amended in their entirety and described in Bxhibit "B" attached hereto and
incorporated by this reference which are hereby found to be a necessary prerequisite to the
proposed use of the subject property in order to preserve the health, safety and general welfare of
the Citizens of the City of Anaheim. Extensions for fur[her time to complete conditions of
approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
Timing for compliance with condiCions of approval may be amended by the Planning Director
upon a showing of good cause provided (i) eqaivalent timing is established that satis5es the
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original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim
Munacipal Code and (iii) Che applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER I2ESOI.VED, Yhat Chis permit is approved without limitations
on the ho~rs of operation or duration of the use. Amendments, modifications and revocatio~s of
this permit may be processed in accordance with Chapters 18.60190 (Amendment to Permit
Approval) and 18.60.200 (Ciry-Initiated Revocation or Modification of PermiCs) of the Anaheim
Municipal Code.
BE IT FURTHER RESOLVED that approval of this application consYiCaYes
approval oP the proposed request o~ly to the extent that it complies with t~e Anaheim Munieipal
Zoning Code and any other applicable City, State and Federal regulations. Approval does nok
include any action or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requiremenY
BE IT FURTF3ER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application wiChin 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revoca6on of [he
approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Au~ust 3, 2009. Said resol~tion is subject to the appeal prpvisions set forCh in
Chapter 1$.60 "Zoning Provisions - General" of the Anabeim Monicipal Code pertaining Yo
appeal procedures and may be replaced by a City ~ouncil Resolution in the event of an appeal.
ATTEST:
, ANAHEAv1 CITY PLANNING COMMISSION
SION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CTI`X OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meetang of the Anaheim
City Planning Commission held on August 3, 2009, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, FAESSEL, KARAHI, ,:
RAMIREZ, ROMERO
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: AMENT
IN WITNESS WHEREOF, I have hereunto set my hand this 3`~ day of August, 2009.
SENIOR SECRETARY, ANAHEIM ~I-TY PLANNING COMMISSTON
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EIHIBIT ".A"
AIVIENDNIENT TO CONDITIONAL USE PE12D~IIT NO. 2~03-04761
(Tracking No. CUP2009-05426)
APN: 267-134-23
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Source: Recorded Tract Maps andlor City GIS.
Please note the accuracy is +1-tvro to five teet.
70793
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W CARL I(ARCHER WAY
EXHIBIT "B"
CONDITIONAL USE PERMIT NO. 2003-04761
(Tracking No. CUP 2009-05426)
RESPONSIBLE
FOR
NO. CONDITIONS OF APPROVAI. MOIVITORING
GENERA L '
1 The maximum number of clients at this adult daycaze facility Code Enforcement
shall be limited to forty-four (44).
2 Due to the change in use and occupancy of the building,
plans shall be sabmitYed Co the Building Division showing guilding Division
compliance with the minimum standards of the City of
Anaheim. The plans shall be prepared by a licensed architect
and the appropriate permits shall be obtained for any
necessary work.
3 Trash storage area(s) shall be maintained Co tt3e satisfaction Public Works,
' of the Public Works Department, Streets and SanitaCion Street and
Division, including the installaCion of trash enclosure gates, SaniCation/Operations
in compliance with approved plans on file with said
Departmeni.
4 No required parking area shall be fenced or otherwise Code Enforcement
enclosed for storage or other outdoor use.
5 All clients served by this facility shall arrive and depart by Code Enforcement
public or private bush shuttle, as proposed by the project
applicant.
6 The project shall provide on-site passenger loading and Public Works,
^nloading in Yhe manner approved by the Ciry Traffic and Traffic/Transportation
Transportation Manager.
7 The property shall be permanently maintained in an orderly Code Enforcement
fashion through the provision of regulaz landscaping
maintenance, removal of trash or debris, and removal of
graffiti within twenty-four (24) hours from the time of
occuzrence.
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8 Four (4) foot high address numbers shall continue to be Police Department
displayed on the building roof in a contrasting color to the
roof materiaL The nnmbers sha11 not be visible Co the street
or adjacent or neazby propeRies. Said information shall be
in oompliance with plans approved by Cbe Police
Department, Community Services Division
9 That sabjecC property shall be maintained s~bstantially in Flanning
accordance with plans and specifications submitted to the
CiYy of Aoabeim by Che petitioner and which plans are on file
with the Plan~iog Department marked Exhibit Nos. 1, 2, and
3(Expansion Unit) and as conditioned herein.
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