Loading...
Resolution-PC 2014-112RESOLUTION NO. PC2014 -112 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2014 -05748 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2014- 00076) (1665 SOUTH BROOKHURST STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission ") did receive a verified petition to approve Conditional Use Permit No. 2014 -05748 to establish a convalescent home (referred to herein as the "Proposed Project ") within a portion of the real property located at 1665 South Brookhurst Street in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and incorporated herein by this reference (the "Property "); and WHEREAS, the Property is approximately 0.67 acres in size and is currently developed with a one -story office building. The Anaheim General Plan designates the Property for Corridor Residential land uses. The Property is located in the "CG" General Commercial Zone. As such, the Property is subject to the zoning and development standards described in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code "); 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 (i.e., Class 1 — Existing Facilities) which consist of the repair, maintenance, and /or minor alteration of existing public or private structures or facilities, involving negligible or no expansion of use beyond that existing at the time of this determination, 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; and WHEREAS, on December 15, 2014, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim, notice of said public hearing having been duly given in accordance with the provisions of Chapter 18.60 (Procedures) of the Anaheim Municipal Code (the "Code "), to hear and consider evidence for and against proposed Conditional Use Permit No. 2014 -05748 and to investigate and make findings and recommendations in connection therewith; 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 Proposed Project, does find and determine the following facts: 1. The Proposed Project is an allowable primary use under the "Convalescent and Rest Homes " class of uses within the "CG" General Commercial Zone subject to a conditional use permit under Subsection .010 of Section No. 18.08.030 of the Code. - 1 - PC2014 -112 2. The Proposed Project 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 convalescent home would be fully contained within the existing building with minimal expansion; 3. The size and shape of the site is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because the convalescent home is proposed within an existing building with only minimal expansion; and 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets. The majority of residents would not drive and only five to seven employees would be on- site per shift; and 5. The 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2014- 05748, contingent upon and subject to the conditions of approval described 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 that portion of the Property to be used for the Proposed Project 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 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 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 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 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. -2- PC2014 -112 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 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 December 15, 2014. Said Resolution is subject to the appeal provisions set forth in Chapter 18.60 of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. TAN, PLACOMMISSION CITY OF ANAIVEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, 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 December 15, 2014, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BOSTWICK, CALDWELL, LIEBERMAN, RAMIREZ, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE ABSTAINED: COMMISSIONERS: DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 15 day of December, 2014. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM -3 - PC2014 -112 EXHIBIT "A" DEV NO. 2014 -00076 r APN: 127 - 601 -15 z W � m � v W PACIFIC AVE i UNINCORPORATED ANAHEIM i i� vt _ oc 253' O _ O � m m N (-- T w W CRESTWOOD LN , s O W GOLDEN WEST AVE " W FOREST LN F �T W J UDITH LN W JUDITH LN 0 0 " '00 Source Recorded Tract Maps and!or City GIS. Few Please note the accuracy is +r- two to five feet -4- PC2014 -112 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2014-05748 (DEV2014- 00076) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT PRIOR TO ISSUANCE OF A BUILDING PERMIT I Plans shall indicate that any existing walls or landscaping within the 7' Planning Department, by 50' line of sight triangles shall be reduced to 24" or less in height. Planning Services Division 2 Plans submitted for building permits shall indicate a change of Planning Department, occupancy and upgraded construction type. Building Division OPERATIONAL CONDITIONS 3 The property shall be permanently maintained in an orderly fashion Planning Department, through the provision of regular landscaping maintenance, removal of Code Enforcement trash or debris, and removal of graffiti within twenty four (24) hours Division from time of occurrence. GENERAL CONDITIONS 4 The subject Property shall be developed substantially in accordance Planning Department, with plans and specifications submitted to the City of Anaheim by Planning Services Division the petitioner and which plans are on file with the Planning Department, and as conditioned herein. 5 The Applicant shall defend, indemnify, and hold harmless the City Planning Department, and its officials, officers, employees and agents (collectively Planning Services Division referred to individually and collectively as "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 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. 6 The applicant is responsible for paying all charges related to the Planning Department, processing of this discretionary case application within 30 days of Planning Services Division the issuance of the final invoice or prior to the 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. -5- PC2014 -112