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Resolution-PC 2016-076RESOLUTION NO. PC2016-076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2016- 05879 AND VARIANCE NO. 2016-05073 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2016-00058) (1330 WEST PEARL STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2016- 05879 and Variance No. 2016-05073 to establish a group care facility for up to 20 residents to be used as an "alcoholism or drug abuse recovery or treatment facility", as defined in Section 11834.02 of the California Health and Safety Code, within an existing four -unit apartment building with less parking than required by the Zoning Code (the "Proposed Project") on that real property located at 1330 West Pearl 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 0.2 -acres in size and is currently developed with a two-story, four -unit apartment complex. The Anaheim General Plan designates the Property for "R -M" Medium Density Residential land uses. The Property is located in the "RM -4" Multiple Family Residential Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.06 (Multiple -Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 8, 2016 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 (Procedures) of the Code, to hear and consider evidence for and against proposed Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073, and to investigate and make findings and recommendations in connection therewith, and the public hearing was continued by the Planning Commission to the September 7, 2016 meeting at 5:00 p.m; and WHEREAS, the Planning Commission did hold a second public hearing at the Civic Center in the City of Anaheim on September 7, 2016 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 (Procedures) of the Code, to hear and consider evidence for and against Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073, and to investigate and make findings and recommendations in connection therewith; 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"), and the City's Local CEQA Procedure Manual, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and - 1 - PC2016-076 WHEREAS, the Planning Commission finds and determines that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, 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 Proposed Project and, specifically, with respect to the request for Conditional Use Permit No. 2016-05879, does find and determine the following: 1. The proposed use to establish a residential group care facility for up to 20 residents is an allowable primary use within the "RM -4" Multiple Family Residential Zone, subject to a conditional use permit, as authorized under Table 6-A of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple -Family Residential Zones) of the Code. 2. The proposed conditional use permit to establish a residential group care facility for up to 20 residents, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located subject to conditions of approval contained herein to ensure that the business is operated in a responsible manner and would not have an adverse effect on the surrounding multi -family residential uses in the area. 3. The size and shape of the site for the residential group 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. The traffic generated by the facility 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 and adequate parking and circulation will be provided to accommodate the use. The residents will not be permitted to possess a vehicle while living at the facility, nor will they be permitted to leave without being accompanied by staff. 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 as the proposed land use will continue to be integrated with the surrounding multi -family residential uses in the area and would not pose a health or safety risk to the citizens of the City of Anaheim. WHEREAS, based upon a parking justification letter submitted by the applicant, the Planning Commission does further find and determine that the request for Variance No. 2016-05073 to allow fewer parking spaces than required by the Code should be approved for the following reasons: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (16 spaces required; 8 spaces proposed) - 2 - PC2016-076 1. That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the number of spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable conditions of operation of such use because the residents are not permitted to drive and there are a maximum of four staff members on the premises at any time. An operations justification letter was prepared by the applicant which states that the proposed number of parking spaces within the Property would be sufficient to accommodate staff and visitors; and 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the Property because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by the applicant's parking justification letter; and 3. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because the proposed number of parking spaces within the Property is sufficient to accommodate the proposed use on site, as determined by the applicant's parking justification letter; and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use because the project site provides adequate ingress and egress via one existing driveway along Pearl Street; and 5. That the variance, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has existing ingress or egress access points that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the Property; 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 detract from 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. - 3 - PC2016-076 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2016-05879 and Variance No. 2016-05073, 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 that portion of the Property for which Conditional Use Permit No. 2016-05879 and Variance No. 2016-05073 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 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, (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 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. 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 September 7, 2016. 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. CHAIRMAN PRO -TEMPORE, PLANNING COMMISSION OF THE CITY OF ANAHEIM ATTEST: /c14 am ., - //- - " �-, SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2016-076 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 September 7, 2016 by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, CARBAJAL, HENNINGER, LIEBERMAN, SEYMOUR NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: CALDWELL, DALATI IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of September, 2016. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2016-076 EXHIBIT "A" DEV NO. 2016-00058 W 13IRCHMONT DR Oo so ioo v Feet W LINCOLN AVE Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 6 - PC2016-076 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2016-05879 AND VARIANCE NO. 2016-05073 (DEV2016-00058) - 7 - PC2016-076 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT OPERATIONAL CONDITIONS 1 This permit shall be subject to a (i) six month and (ii) twelve month Planning and Building review by the Planning Commission, commencing from the date this Department, approval. Planning Department staff will report back to the Planning "Reports Planning Services Commission as a and Recommendations" (R&R) item in Division order to verify that the group care facility is operating without negative impacts to the surrounding neighborhood. Surrounding properties are to be noticed in advance of these scheduled reviews. The applicant shall pay for the cost of processing this R&R item. Future compliance reviews may be requied if significant violations are identified in the future. 2 The applicant shall provide to the Planning Department a copy of the Planning and Building license, with any attached conditions, issued by the State of Department, California Department of Health Care Services, authorizing the Planning Services proposed use as a residential "alcoholism or drug abuse recovery or Division treatment facility", as defined in Section 11834.02 of the California Health and Safety Code. 3 No more than the allotted eight (8) parking spaces for personal Planning and Building vehicles on the premises or while residing or working at the facility. Department Code Enforcement Division 4 The facility shall be permitted to host one weekly alumni event on Planning and Building Sunday evenings from 5:30 p.m. to 8:30 p.m. All vehicles associated Department with the weekly event shall park on-site and shall not utilize off-site street parking. Code Enforcement Division 5 With the exception of the Sunday night alumni events, visitors shall Planning and Building only be permitted to visit the facility on Saturdays and visitations shall Department be scheduled in a manner that will not result in exceeding the Code Enforcement permitted eight on-site parking spaces. Division 6 No parking area or garage may be used for storage, as a common area, Planning and Building or be converted to, or otherwise used for, habitable dwelling unit Department purposes. Any request to convert garage space for use other than for Code Enforcement required parking would be considered an amendment to the conditional use permit, subject to review and approval by the Planning Division Commission at a noticed public hearing. - 7 - PC2016-076 - 8 - PC2016-076 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT 7 All vehicles associated with the property shall display parking stickers Planning and Building identifying them as employees of the facility and shall park on-site at Department all times. Code Enforcement Division 8 No signs shall be visible from the public right-of-way identifying this Planning and Building use as an alcoholism or drug abuse recovery or treatment facility. Department, Code Enforcement Division 9 All on-site recovery services, including counseling, shall be for the Planning and Building residents at this address (1330 West Pearl Street) only. Department, Code Enforcement Division 10 The applicant shall provide an on-site manager or appointed Planning and Building responsible party at all times. This person shall be responsible for Department, responding to any concerns regarding the operations of the facility. Code Enforcement Division 11 Within 30 days of the date of this resolution, the name and telephone Planning and Building number of the on-site manager shall be provided to the Code Department, Enforcement Division of the Planning Department. The owner can Code Enforcement contact the Code Enforcement Division at (714) 765-5158 to Division coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. 12 Within 90 days of the date of this resolution, the applicant shall Police Department complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. 13 All trash generated from the facility shall be properly contained in Planning and Building trash containers located within approved trash enclosures. The Department, number of containers shall be adequate and the trash pick-up shall Code Enforcement be as frequent as necessary to ensure the sanitary handling and Division timely removal of refuse from the property. Public Works Department, Sanitation Division 14 All trash containers will be removed from the street and stored at a Planning and Building designated location on site the same day trash pick-up has occurred. Department, Trash containers shall not be located to the street until the morning Code Enforcement of trash pick-up. Trash containers shall not be left on the street after 5:00 p.m. Division - 8 - PC2016-076 - 9 - PC2016-076 CONDITIONS OF APPROVAL RESPONSIBLE NO. DEPARTMENT 15 Delivery trucks must park on-site or curbside and shall not park in Planning and Building travel lanes or center of the street. Deliveries shall not occur on Department, Thursdays or any day when parking is restricted due to street Code Enforcement sweeping. Division GENERAL CONDITIONS 16 The business shall be operated in accordance with the Letter of Planning and Building Request submitted as part of this application. Any changes to the Department, business operation, as described in that document, shall be subject to Planning Services review and approval by the Planning Director to determine Division substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 17 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department applicant and which plans are on file with the Planning Department and as conditioned herein. 18 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department, referred to individually and collectively as "Indemnitees") from any Planning Services and all claims, actions or proceedings brought against Indemnitees Division 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. 19 The applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building Planning Services permits for this project, whichever occurs first. Failure to pay all Division charges shall result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 9 - PC2016-076