Resolution-PC 97-151~ ~
RESOLUTION NO. PC97-151
A RESOLUTION UF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 3967 BE GRANTED, IN PART
WHEREAS, thc Anahcim City Planninb Commission did reccive a veriGcd Petition for
Conditional lUse Permit for ccrtain real propcrty situalcd in thc City ot Anahcim, County of Orange, State of
California, described as:
L.ot 2fi ot Tract No. 4757, in the City of Anaheim, C 47 ~a ~f ~~o~ M~scellancous
California, as pcr map rcmrdcd in Book 184, Pagc(s)
Maps, in the office of th~ County Recorder of said county.
WHEREAS, the City Planning Commission did hold a public hea~ing at the Civic Centcr in
the City of Anaheim on September 29, 1997 at 1:30 p.m•, notiee o[ said public hearing having been duly given
as required by law and in accordance with the provisions o[ the Anaheim Municipal Code, Chapter 18.03, to
hear and cons~der cvidcncc for and against said proposcd conditional use permit and ro investigate and make
findings and recommendations ir, connect~on therewith; and th~'said public hearing wa5 continued to the
Octobcr 13, and Octobcr 27, 1997 Piannin6 Commission ricetin and
WHEREAS, said Cummission, aftcr duc inspcction, invcstigation and scudy made lhy itsclf and
in its behalf, and after duc consideration of all evidcnce and reports o(fercd at saiJ hearing, does 6nd and
determinc the following [acts:
1. That the petitioncr requcsts approval of a conditional usc pcrmit undcr authoriry of Code
Section 18.34.050.020 to rctain a board and care faciliry (boarding house) (or up to 15 residents;
2. That the proposed a use is properly one for which a conditional use permit is anthorized in
the RM-11A0 Zonc by thc Zoning Codc;
3. That the proposed use, as grantcd [or 12 residents, will not adversely xffcct the adjoining land
uses and the growth and dcvclopmcnt of thc arca in which it is located bccausa subjcet property ai~d adjaccnt
properties are fully developed and that no new construction or devclopment is proposed in conjunction with
this reyucst;
4. That the size and shape of the site for the usc, as grantcd, is adequate to allow the full
devciopment oC the proposcd use in a manner not detrimental to lhc particular arca nor to the pGacc, health,
safety and general welfarc;
$, That the traffic gcnerated by the propused usc, as grantcd, will not imn~se an undue burden
upon thc streets and high~vays designed and improved to carry thc tra[fic in the area;
G. That the granting of the conditional use permit, undcr the corditions imposed, will not be
dct~~im~:nta~ to thc pcacc, hcalth, safcty and gencral we{fare of thc citir.cns o[ thc City of Anaheim; and
7, That seven peoF:c spoke in favor and correspondence was rcccivcd in favor of propusal; and
that thrce people spoke at the public hcaring in opposition and that no corresponden~c was received in
opposition to thc sub,jcct petition.
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CR3089PL.WP
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CALIFORNIA ENVIRONMENTAL UALITY ACT FINDING: The Planning Dircetor's
authorized represe~itative has detcrmincd that the proposed project [alls with~n the definition of Calegorical
Exemptions, Class 3, as deCined in the State E1R Guidclines and is, thcreforc, categorically exempt trom the
requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, in part, vpon the Collowing conditions which are
hecsaf ty and gene al welfareyo[rthe Citize c~of theiCi y of Anahcimc subject property in order to preserve
1. That the ma:dmum number of residents shall be limited to twelvc (12).
2 That all services provided by this facility, including preparation and service of ineals, shall be for residents
and scrvicc staf.f of subject project (11$1 South Belhavcn Strect) only, except [ar Thanksgiving Day and
Christmas Day.
3, (77iis condi~ion was deleted during the Plmusing Commissiai public hearing.)
4, (a) That the petitioner shall provide an on-site manager for twenty four (24) hours per day, and that
said managcr shall bc responsible for responding to any neighbor's concerns regarding thc facility;
and
(b) That within a period of thirty (30) days from the date of' this resolution, the namc and telephone
number of tne manager shall bc submittcd to the Code Enforcement Division and kept on file by
said division.
5. That trash storage areas shall be refurbi~hed, including the construction of new trash enclosure gates in
accordance with City standards, to the satisfaction of the Public Works Department, Streets and Sanitation
Division, to comply with approved plans nn Cile with said departmr,nt.
~, That the un-permittcd patio cavers chall be rcmoved or building pcrmits shall be obtained.
'7. That trash storage area(s) shall bc providcd and maintaincd in location(s) acccptable to the Public Works
Department, Strects and Sanitation Division, and in accordan:.e with approvcd plans ou C~le with said
Department. Said information shall be specifically shown on the plans suh .m_itted to the ; ublic Works
Department for rc~ncw and approval.
8, That a plan sF.eet for solid waste storage and collection and a plan tor recycling shall be submitted to thc
Public Works Departmeat, Streets and Sanitatian Division, for revicw and approval.
9, That an on-site trash truck turn-around area shall be providcd in accordancc with Engineering Standard
Detail No. 610 and maintained to thc satisCaction of the Public Works Dcpartment, Streets and Sanitation
Division. Said turn-around area shall bc specifically shown on plans submittea tu the Public Works
Department for review and approval.
10. That lhe number of resident vehicles shall at no time excced the number oC availablc covered garage
spaces which are open and accessiblc.
11. That subject use pcrmit shall cxpirc onc (1) ycar from thc date of this resolution, on October 27, 1998.
12. That a valid business license shall be obtained from the City of Anaheim Busincss Liccnse Division of
lhe Finance Department.
2 YC97-151
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13. That the operator of this facility shall cease all acuviues, as decmcd neccssary by Community Care
Liccnsing to exempt this facility from thcir regulation, and that thc opcrator shall obtain and maintain
all rcquircd liccnsecs and/or permits required for thc opcration o[ this facility.
14. That within thirty (30) days of thc approval oi this resolution, Condition Nos. 1, 2, 4, 5, 6, 7, 8, 9, 10, 12,
13 and 15, hcreins, shall be complicd with• Extensions for further time co complete said conditions may
be gantcd in accordance with Section 18.03.090 of Lhe Anahcim Municipal Code.
15. That subject property shall be developcd substantially in accordaace with plans and specifications
submitted to the City of Anaheim by the pctitioncr and which plans are on file with the Planning
Dcpartmcnt markcd Exhibit Nos. 1 and 2.
16. That approval oE this application constitutes approval of the proposed request only to the cxtent :hat it
complies with the Anaheim Municipal Zoning Code and any o!her applicablc City, State and Federal
regulations. Approval does not include any action or findin~.s as to compliance or approval of tne request
rcgarding any olher applicable ordinance, rcgulation or rcquircment.
1'I. That the property uwner shall pay for the cost o[ threc (3) randomly ached~lcd Codc Enforcemcnt
inspections conducted throughout the one (1) year period.
BE IT FURTHER RESOLVED that t?ic Anaheim Ciry Planning Commission does hereby
find and dall of~the~tconditions hereinab~ essettforth. eShouid anydsuchconclition,~o~raany parnt~Pthereof,~be
each and
declared invalid or unenforceable by th:: final judgmcnt of any court of competent jurisdiction, then this
Rcsolution, and any approvals hercin coniained, shall be decmed null and void.
THE FOREGOING RESbLUT1UPJ was adontcd at thc Planning Commission mccting af
October 27, 1997. --~ ~, ,~
CHAIRPERSON ANAHEIM ~ITY PLANNING ~OMMIS3fOld
ATTEST:
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lC~.f1 r '
SECRETAR' ANAHEIM CITY PLANNING COMMISSION
STA'fE OF l:Alsl'E4RNIA }
COUNTY OF C~~:ANGE ) ss.
CITY OF ANAHEIM )
1, Margarita Solorio, Sccretary of the Anahcim ~City Plannirg Commission, do hercby certi[y
that thc for`obc~ 27 Sl~~°b~ thepfollowing vote o`f ahe membc s thcr ~~Anaheim City Planning Commission
hcld on O ,
pyE,c,; COMMISSIONERS: BOSTWICK, BOYDSTUN, BRI5TOL, HENNINGER, NAPOLES,
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: MAYER, YERAZA
2~ da of _~~i~ 1997.
IN WITN~SS WHEREOF, I havc hereunto set my hand this Y
SECRETAR~ NAHEIM CI~ NNING COMMiSSION
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