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Resolution-PC2026-019RESOLUTION NO. PC2026-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE CENTER FOR ADULTS AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2025-00054) (3150 WEST LINCOLN AVENUE, UNIT 160) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve a conditional use permit for a Day Care Center for adults (the "Proposed Project") on certain real property located at 3150 West Lincoln Avenue, Unit 160 in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property is approximately 5.83 acres in area and is developed with a commercial retail center. The Property is designated for Low Medium Residential land uses in the General Plan. The Property is in the "C-G" General Commercial Zone and is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, Day Care Center uses require a conditional use permit subject to the approval by the Planning Commission pursuant to Subsection .040 of Section 18.08.030 (Uses); and WHEREAS, pursuant to and in accordance with the provisions of the California Environmental Quality Act (Public Resources Code Section 21000 et seq. herein referred to as "CEQA"), the State of California Guidelines for Implementation of the California Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 27, 2026 at 5:00 p.m., with notice of said public hearing having been duly given as required by law and in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and to investigate and make findings and recommendation in connection therewith; and WHEREAS, the Planning Commission finds that the effects of the Proposed Project are Categorically Exempt from the requirements to prepare additional environmental documentation per CEQA Guidelines, Section 15301 — Existing Facilities. The Proposed Project is a request to permit a Day Care Center for adults within an existing commercial building, and operations would be consistent with historic levels of operation on the subject property and would therefore be consistent with this type of exemption. Pursuant to Sections 15301 and 15300.2 of the CEQA Guidelines, no exceptions to the exemption apply, there are no unusual circumstances in respect to the Proposed Project that would cause a significant effect on the environment and, therefore, the Proposed Project is categorically exempt from the provisions of CEQA; and WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The Proposed Project is properly one for which a conditional use permit is authorized as an allowable use within the General Commercial Zone under subsection .040 of Section 18.08.030 (Uses) of Chapter 18.08 (Commercial Zones) of the Code, subject to a conditional use permit for a Day Care Center for adults. 2. The Proposed Project, as conditioned herein, will not adversely affect the adjoining land uses, or the growth and development of the area in which it is proposed to be located because the Day Care Center for adults would be located entirely within an existing 9,285 square -foot commercial tenant space and would not require an expansion of the existing buildings. Most of the participant drop-off and pick-up activities would occur within the designated loading area located on the southwest side of the building and would be coordinated by staff, thereby minimizing potential conflicts with on -site circulation and parking. As demonstrated in the parking study, the existing shopping center provides sufficient parking to accommodate the anticipated parking demands associated with the proposed combined mix of uses within the center. Furthermore, the proposed use is intended to provide supervised care and supportive services for elderly and disabled adults and is not anticipated to generate excessive noise, odors, hazardous materials, or other operational impacts that would adversely affect neighboring commercial or residential uses. Accordingly, the proposed use is compatible with the existing tenants of the commercial center and the surrounding area. 3. The size and shape of the site proposed for the use is adequate to allow full development of the proposed use in a manner not detrimental to either the particular area or health and safety, as the proposed Day Care Center for adults will be established within an existing 9,285 square -foot commercial tenant space in a developed shopping center. No expansion of the existing building is proposed. The project consists of interior tenant improvements to reconfigure the space for the proposed use, while the existing site will continue to provide adequate access, circulation, utilities, and other infrastructure necessary to serve the combined mix of uses. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the proposed use will occupy an existing commercial tenant space and will not modify the existing driveways, site access, or circulation system. Approximately 70 percent of participants will arrive and depart through shared transportation services, approximately 20 percent will be dropped off and picked up by family members or caregivers, and approximately 10 percent will arrive independently. The operator anticipates using up to approximately 10 vans at full capacity. Participant arrivals will be staggered between approximately 7:30 a.m. and 9:30 a.m., and departures will be staggered between approximately 1:00 p.m. and 2:30 p.m. Participant pick-ups - 2 - PC2026-019 and drop-offs will occur either within the designated loading area with on -site staff coordination or within the existing parking lot. Because the majority of participants will use shared transportation and vehicle movements will be distributed over defined arrival and departure periods, the proposed use will limit the number of vehicles entering and exiting the site at any one time and will not impose an undue burden upon the surrounding streets and highways. 5. The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the use will operate entirely within an existing 9,285 square -foot commercial space and is not anticipated to generate hazardous materials, excessive noise, or other operational impacts that could adversely affect the surrounding area. Most of the participant drop-off and pick-up activities will occur within the designated loading area located on the southwest side of the building and will be coordinated by staff to maintain safe and orderly on -site circulation. As conditioned, building improvements associated with the use shall be subject to city review and approval to ensure compliance with applicable accessibility, life safety, and building code requirements. Therefore, the project is designed in a manner that will not be detrimental to the health, safety, or general welfare of the citizens of the City of Anaheim; and WHEREAS, this Planning Commission determines that the evidence in the record constitutes substantial evidence to support the actions taken and the findings made in this Resolution, that the facts stated in this Resolution are supported by substantial evidence in the record, including testimony received at the public hearing, the staff presentations, the staff report, and all materials in the project files. There is no substantial evidence, nor are there other facts, that negate the findings made in this Resolution. This Planning Commission expressly declares that it considered all evidence presented and reached these findings after due consideration of all evidence presented to it. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this Planning Commission does hereby approve the conditional use permit, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property for which the conditional use permit is applicable in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 (Extension of Time to Comply With Conditions of Approval) of the Code. Timing for compliance with conditions of approval may be amended by the Planning and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition, (ii) the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of this permit may be processed in accordance with Sections 18.60.190 (Amendment of Permit Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code. BE IT FURTHER RESOLVED, that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the applicant's compliance - 3 - PC2026-019 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 approval of this application constitutes approval of the proposed request only to the extent that it complies with the 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 27, 2026. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: OF THE CITY OF ANAHEIM CHAIRPERSON, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2026-019 EXHIBIT "A" DEV NO.2025-00054 PC2026-019 EXHIBIT "B" CONDITIONAL USE PERMIT (DEV2025-00054) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO BUILDING PERMIT ISSUANCE Construction plans shall be submitted to the Building Division for Planning and Building review and issuance of any future building pennit(s). Construction Department, plans shall comply with California Building Codes, as adopted and Building Division in effect at the time of plan submittal. Building codes in effect, 1 including local amendments, as of January 1, 2026: 2025 California Building Code ('25 CBC); 2025 California Plumbing Code ('25 CPC); 2025 California Mechanical Code ('25 CMC); 2025 California Electrical Code ('25 CEC); 2025 California Residential Code (`25 CRC); 2025 California Energy Code ('25 Energy); and 2025 California Green Building Standards Code (`25 CGBSC). All CBC and CFC requirements shall be met for permit issuance. Anaheim Fire & Rescue 2 Any fire permits, including fire sprinkler and fire alarm permits, Department etc., shall be submitted directly to the Anaheim Fire and Rescue Department. PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS Landscaping shall be replaced by the applicant in a timely Planning and Building manner if it is removed, damaged, diseased, and/or dead. All Department, 3 new landscaping shall be installed by the owner/developer in Planning Services Division conformance with Chapter 18.46 "Landscape and Screening" of the Anaheim Municipal Code and shall be maintained in perpetuity. ONGOING DURING THE PROJECT OPERATIONS The business shall be operated in accordance with the Project Planning and Building Description and Justification Letter submitted as part of this Department, application. Any changes to the business operation as described Planning Services Division in these documents, including, but not limited to, changes to 4 participant capacity or number of employees, shall be subject to review and approval by the Planning and Building Director to determine substantial conformance with these documents, to determine that adequate parking shall continue to be provided for onsite uses, and to ensure compatibility with the surrounding uses. PC2026-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The Day Care Center shall operate only Monday through Friday Planning and Building from 7:30 a.m. to 5:00 p.m. Any expansion of the approved Department, 5 hours or days of operation, including weekend operations, shall Planning Services Division require review and approval by the Planning and Building Department. All participant visits shall be scheduled by appointment only. Planning and Building 6 Walk-in participants are not permitted as part of the approved Department, use. Planning Services Division The operator shall ensure that participant drop-off and pick-up Planning and Building 7 activities are conducted entirely on -site and scheduled in Department, staggered time blocks to prevent all participants from arriving Planning Services Division or departing simultaneously. The Day Care Center shall operate within Unit 160, a 9,285 Planning and Building square -foot commercial space. Any expansion to adjacent suites Department, 8 or modification shall be subject to review and approval of a Planning Services Division modification to the granted conditional use permit. No outdoor Day Care Center programming or participant Planning and Building 9 activities shall occur on the site. All programming and Department, participant activities shall be conducted entirely within the Planning Services Division approved tenants ace. GENERAL The Applicant/Owner shall defend, indemnify, and hold Planning and Building harmless the City and its officials, officers, employees and Department, agents (collectively referred to individually and collectively as Planning Services Division "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, review, set aside, void, or annul the decision of the Indemnitees concerning this permit or any of the proceedings, acts or determinations taken, done, or 10 made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The premises shall be developed substantially in accordance Planning and Building 11 With plans and specifications submitted to the City of Anaheim Department, by the applicant, which plans are on file with the Planning Planning Services Division Department, and as conditioned herein. PC2026-019 NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT The Applicant/Owner is responsible for paying all charges Planning and Building related to the processing of this discretionary case application Department, within 30 days of the issuance of the final invoice or prior to the Planning Services Division 12 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 may result in the revocation of the approval of this application. PC2026-019 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Madeleine Pineda-Campos, Secretary of the Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning Commission of the City of Anaheim held on July 27, 2026, by the following vote of the members thereof: AYES: Chairperson Castro and Commissioners Abdulrahman, Perez, Kelly, Liberman, Walker and Tran-Martin NOES: ABSENT: IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of July 2026. OF THE CITY OF ANAHEIM PC2026-019