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Resolution-PC 2011-032RESOLUTION NO. PC2011 -032 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05542 & VARIANCE NO. 2010-04841 (DEV2010- 00190) (830 & 832 NORTH LEMON STREET) 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, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 11, 2011, at 5:00 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; WHEREAS, this property is developed with three residential structures that include two single - family homes and a two -story apartment building. The property is located in the RM -3 (Multiple Family Residential) zone and the Anaheim General Plan designates the property for Low Density residential land uses; 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 use to establish a residential care facility for up to 16 residents is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.06.030.0040.0402 (Group Care Facilities). 2. That the proposed residential care facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the services provided are for the residents only and the facility will operate seamlessly within the residential living environment. 3. That the size and shape of the site for the residential care facility is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 4. That the traffic generated by the residential care facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and -1- PC2011 -032 5. That granting of the 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 will provide a land use that is compatible with the surrounding area. WHEREAS, the Planning Commission does further find and determine that the request for fewer parking spaces than allowed by code, should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (11 required; 6 proposed) 1. The request for fewer off - street parking spaces, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking demand letter provided by the applicant. Since the residents do not drive, all of the parking demand will be provided on -site and will not increase the demand for parking on the public streets. 2. The request for fewer off -street parking spaces will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on -site within the property boundaries. 3. That the request, under the conditions imposed will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because this use will not exceed anticipated traffic volumes for this property and the surrounding area. 4. The request for fewer off-street parking spaces will not increase traffic congestion within the off -street parking areas for the proposed uses as ingress and egress to the site would be provided via alley access and along Lemon Street. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 and 32 (Existing Facilities and New Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, 13E IT RESOLVED that the Anaheim City Planning Commission does hereby approve Conditional Use Permit No. 2010 -05542 and Variance No. 2011- 04581 and subject to the conditions of approval described in Exhibit `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 further 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 conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and -2- PC2011 -032 (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 approval of this application constitutes approval of the 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. 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 , + fi t the Plap ing Commission meeting of April 11, 2011. ATTEST: CHAIRMAN, A SECRETARY, ANAHEIM PLANNING COMMISSION AHEIM PLANNING COMMISSION PC2011 -032 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, Eleanor Morris, Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim PIanning Commission held on April 11, 2011, by the following vote of the members thereof: AYES: COMMISSIONERS: AMENT, FAESSEL, KARAKI, PERSAUD, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: AGARWAL ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 11 `x' day of April, 2011. ,sr SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2011 -032 ti IAPN: 035- 054 -17 EXHIBIT "A" DEV2010 -00190 -5- Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +1- two to five feet. 11089 PC2011 -032 NO. CONDITIONS OF APPROVAL GENERAL CONDITIONS This residential care facility shall be limited to 16 female residents. The facility shall be non - medical and shall be permitted to provide both group and individual counseling. No signs shall be visible off -site identifying this use as a residential care facility. No more than two on -site parking spaces may be utilized by residents at any given time. Residents not approved for an on- site vehicle by the facilities manager are not permitted to maintain a personal vehicle on the premises or while residing at the facility. The balance of the on -site parking spaces shall be reserved for the on -site manager and support staff. The applicant shall provide a 24 hour per day on -site manager who will be responsible for responding to any neighborhood concerns regarding the operations of the facility. The name and telephone number of the on -site manager shall be kept on file with the Code Enforcement Division of the Planning Department. The applicant shall complete a BurgIary/Robbery Alarm Peithit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. 6 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan), Exhibit No. 2 (Floor Plan) and Exhibit No. 3 (Elevation Plan), and as conditioned herein. 1 2 3 4 5 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2010-05542 AND VARIANCE NO. 2010-04841 (DEV2010- 00190) -6- REVIEW BY Code Enforcement Planning Code Enforcement Code Enforcement Code Enforcement Planning Police Planning SIGNED OFF BY PC2011 -032