Resolution-PC 2013-034RESOLUTION NO. PC2013 -034
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010 -05542
(DEV2013- 00014)
(830 -832 NORTH LEMON STREET)
WHEREAS, on April 11, 2011, and subject to certain conditions of approval, the
Anaheim Planning Commission (hereinafter referred to as the "Planning Commission "), by its
Resolution No. 2011 -032, did approve Conditional Use Permit No. 2010 -05542 to establish a
group care facility for up to 16 residents with fewer parking spaces than required by the Anaheim
Municipal Code (herein referred to as the "Original CUP ") on that certain real property located at
830 -832 North Lemon Avenue in the City of Anaheim, as legally described or depicted on
Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and
WHEREAS, the conditions of approval which were the subject of the Original CUP shall
be referred to herein collectively as the "Previous Conditions of Approval "; and
WHEREAS, the Planning Commission did receive a verified Petition to amend the
Original CUP (herein referred to as "Conditional Use Permit No. 2010- 05542A "), pursuant to
Section 18.60.190 of the Anaheim Municipal Code, to increase the permitted number of residents
from 16 to 22; and
WHEREAS, the Property is developed with three residential structures that include two
single - family homes and a two -story apartment building; the zoning is the RM -3 (Multiple
Family Residential) zone; and the Anaheim General Plan designates the property for Low
Density residential land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 8, 2013 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 Chapter 18.60 of the
Anaheim Municipal Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2010- 05542A, and to investigate and make findings and recommendations in
connection therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as "CEQA "), the Planning
Commission finds and determines that the proposed project is within that class of projects which
consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration
of existing public or private structures or facilities, and that, therefore, pursuant to Section 15301
of Title 14 of the California Code of Regulations, the proposed project will not cause a
significant effect on the environment and is, therefore, categorically exempt from the provisions
of CEQA.
- 1 - PC2013 -034
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 pertaining to the request for Conditional Use Permit No. 2010- 05542A, does find
and determine the following facts:
1. The request to amend a conditional use permit to increase the permitted number
of residents from 16 to 22 is properly one for which a conditional use permit is authorized,
subject to conditions of approval.
2. The request to amend the conditional use permit would not adversely affect the
surrounding land uses and the growth and development of the area because the services are
provided for the residents only and the facility will operate seamlessly within the residential
environment.
3. The size and shape of the Property is adequate to allow the full operation of the
existing and proposed use in a manner not detrimental to the particular area or to the health,
safety and general welfare.
4. 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 the residents
of the facility will not be permitted to drive vehicles at to or from this location and the vehicles
used at this location will be for the service staff only.
5. Amending Conditional Use Permit No. 2010- 05542A 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.
BE IT RESOLVED that the Planning Commission does hereby amend Conditional Use
Permit No. 2010 -05542 including, specifically, 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 in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete the conditions of approval set forth in Exhibit B hereto may be granted in accordance
with Section 18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that Conditional Use Permit No. 2010- 05542A is
approved without limitations on the hours of operation or 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 approval of Conditional Use Permit No. 2010 -
05542A 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.
-2- PC2013 -034
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.
BE IT FURTHER RESOLVED that the conditions of approval attached to this
Resolution as Exhibit B amends the Previous Conditions of Approval in conjunction with
Conditional Use Permit No. 2010-05542 and, except as specifically amended hereby, the
Previous Conditions of Approval shall remain in full force and effect. To the extent that there is
any conflict or inconsistency between the conditions of approval attached to this Resolution as
Exhibit B and the Previous Conditions of Approval, the conditions of approval attached to this
Resolution as Exhibit B shall control and govern the Property.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 8, 2013. 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 may be replaced by a City Council Resolution in the event of an appeal.
501��
Wm a well 101 wel I
CITY PLANNING COMMISSION
ATTEST:
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
1, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City
Planning Commission held on April 8, 2013, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, FAESSEL, LIEBERMAN, PERSAUD, SEYMOUR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: RAMIREZ
ABSTAINED: COMMISSIONERS: AGARWAL
IN WITNESS WHEREOF, I have hereunto set my hand this 8 th day of April, 2013.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
- 3 - PC2013-034
EXHIBIT "A"
DEV NO. 2013 -00014
AP N : 035 - 054 -17
Z
v
G
v
Z
3
z
a
Z
n +
O
Z
u7
W �ypFt�H 5'�
0 SD 1DD
O v Source: Recorded Tract Maps and/or City GIS.
Feet Please note the accuracy is +I- two to five feet.
-4- PC2013 -034
EXHIBIT "B"
AMENDMENT TO CONDITIONAL USE PERMIT NO. 2010- 05542A
(DEV2013- 00014)
NO.
CONDITIONS OF APPROVAL
REVIEW BY
SIGNED
OFF BY
GENERAL CONDITIONS
1
This group care facility shall be limited to 22 female residents and
Planning
one on -site manager. The facility shall be non - medical and shall be
Department,
permitted to provide both group and individual counseling.
Code
Enforcement
Division
2
In the event of a change in operational characteristics or use, the
Planning
Planning Director shall review the change for compliance with the
Department,
approved parking variance findings and assumptions supporting the
Planning
findings. If the change is inconsistent with the findings or
Services
assumptions in support of the findings then any increase in required
Division
parking resulting from the change shall be accommodated on site or
a new parking variance shall be processed. This condition shall
apply to changes including, but not limited to, conversion of
structures on this property back to individually operated residences,
allowing resident clients to drive, or similar changes which may
affect on -site parking.
3
No signs shall be visible off -site identifying this use as a group care
Planning g
Department,
Code
Enforcement
Division
4
No more than two on -site parking spaces may be utilized by
Planning
residents at any given time. Residents not approved for an on -site
Department,
vehicle by the facilities manager are not permitted to maintain a
Code
personal vehicle on the premises or while residing at the facility.
Enforcement
The balance of the on -site parking spaces shall be reserved for the
Division
on -site manager and support staff.
5
The applicant shall provide a 24 hour per day on -site manager
Planning
who will be responsible for responding to any neighborhood
Department,
concerns regarding the operations of the facility. The name and
Code
telephone number of the on -site manager shall be kept on file with
Enforcement
the Code Enforcement Division of the Planning Department.
Division
6
Any graffiti painted or marked upon the premises or on any
Planning
adjacent area under the control of the property owner shall be
Department,
removed or painted over within 24 hours of being applied.
Code
Enforcement
Division
-5- PC2013 -034
7
The property shall be permanently maintained in an orderly
Planning
fashion through the provision of regular landscaping maintenance,
Department,
removal of trash or debris.
Code
Enforcement
Division
8
No required parking area shall be fenced or otherwise enclosed
Planning
for outdoor storage.
Department,
Code
Enforcement
Division
9
No outside storage of equipment /furniture shall be permitted,
Planning
except furniture used regularly by residents and maintained in an
Department,
orderly fashion for such use.
Code
Enforcement
Division
10
The applicant shall complete a Burglary /Robbery Alarm Permit
Police
application, Form APD 516, and return it to the Police
Department
Department prior to initial alarm activation.
11
Address numbers shall be positioned so as to be readily readable
Police
from the street. Number should be illuminated during hours of
Department
darkness. Front and Rear entrance doors shall be numbered with
the same address numbers or suite number of the business to be
completed within 30 days of approval of this permit. Minimum
height of 4" recommended.
12
Adequate lighting of parking lots, passageways, recesses, and
Planning
grounds contiguous to buildings shall be provided with lighting of
Department,
sufficient wattage to provide adequate illumination to make
Planning
clearly visible the presence of any person on or about the
Services
premises during the hours of darkness and provide a safe, secure
Division
environment for all person, property, and vehicles on -site. All
exterior doors shall have their own light source, which shall
adequately illuminate door areas at all hours to make clearly
visible the presence of any person on or about the premises and
provide adequate illumination for persons exiting the building.
13
The Applicant shall defend, indemnify, and hold harmless the
Planning
City and its officials, officers, employees and agents (collectively
Department,
referred to individually and collectively as "Indemnitees ") from
Planning
any and all claims, actions or proceedings brought against
Services
Indemnitees to attack, review, set aside, void, or annul the
Division
decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or 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
-6- PC2013 -034
-7- PC2013 -034
without limitation attorneys' fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
14
The property shall be developed substantially in accordance with
Planning
plans and specifications submitted to and reviewed by the City of
Department,
Anaheim and which plans are on file with the Planning
Planning
Department and as conditioned herein.
Services
Division
-7- PC2013 -034