Loading...
Resolution-PC 2018-029RESOLUTION NO. PC2018-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00032) (280 NORTH WILSHIRE AVENUE) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018- 05962 and Variance No. 2018-05107 to establish a recuperative care facility for up to 75 beds within an existing commercial building with less parking than required by the Zoning Code (the "Proposed Project") on that real property located at 280 North Wilshire Avenue 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 0.7 -acres in size and is currently developed with a one-story, commercial building. The Anaheim General Plan designates the Property for "O -L" Office Low land uses. The Property is located in the "C -G" General Commercial Zone, meaning that the Property is subject to the zoning and development standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the "Code"); and WHEREAS, the Proposed Project is a use not expressly authorized or permitted in the Commercial Zone and is also not authorized or mentioned in any zone throughout the City. Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph .0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and determined that the Proposed Project does not fit into an existing use class, as provided in subsection .020 (Inclusion of Specific Uses) of Section 18.3 6.020 (Classification of Uses), but may be authorized by conditional use permit until such time as the Code is amended to include such a use; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 30, 2018 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. 2018-05962 and Variance No. 2018-05107, and to investigate and make findings and recommendations in connection therewith, and the public hearing was continued by the Planning Commission to the May 30, 2018 meeting at 5:00 p.m; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 30, 2018 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. 2018-05962 and Variance No. 2018-05107, and to investigate and make findings and recommendations in connection therewith; and - 1 - PC2018-029 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 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. 2018-05962, does find and determine the following: 1. The proposed request to establish a recuperative care facility for up to 75 persons within the "C -G" General Commercial Zone is an Unlisted Use for which a conditional use permit is authorized under .0201 of Subsection .020 (Unlisted Uses Permitted) of Section 18.66.040 of the Code. 2. The proposed conditional use permit to establish a recuperative care facility for up to 75 persons, 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 residential and commercial land uses in the area. 3. The size and shape of the site for the recuperative 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 facility's clients will not be permitted to possess a vehicle while at the facility, and the anticipated parking demand for staff is not expected to exceed ten parking spaces. 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 commercial, office and multi -family residential uses on North Wilshire Avenue and would not pose a health or safety risk to the citizens of the City of Anaheim. - 2 - PC2018-029 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. 2018-05107 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. (60 spaces required; 36 spaces proposed) 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 clients are not permitted to drive and there are a maximum of 10 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 an existing driveway along Wilshire Avenue; 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 - PC2018-029 NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05962 and Variance No. 2018-05107, 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. 2018-05962 and Variance No. 2018-05107 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 May 30, 2018. 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. CHAIRPERSON, PLANN COMMISSION OF THE CITY OF ANAHEIM ATTEST: SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 4 - PC2018-029 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 May 30, 2018 by the following vote of the members thereof: AYES: COMMISSIONERS: ARMSTRONG, DALATI, GILLESPIE, KEYS, WHITE NOES: COMMISSIONERS: LIEBERMAN ABSENT: COMMISSIONERS: CARBAJAL IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of May, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-029 APN: 255 ^,11 "^ EXHIBIT "A" DEV NO. 2018-00032 yr BIRCHMONI Ll� 140' L'i W LINCOLN AVE WLINCOLN AVE o 50 goo FpetO Source: Recorded Tract Maps and/or City GIS. Please note the accuracy is +/- two to five feet. - 6 - PC2018-029 EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107 (DEV2018-00032) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 1 This permit shall be subject to a six (6) month review by the Planning Planning and Building Commission, commencing from the date of occupancy. Planning Department, Department staff will report back to the Planning Commission as a "Reports Planning Services and Recommendations" (R&R) item in order to verify that Division the recuperative care facility is operating without negative impacts to the surrounding neighborhood. Surrounding properties shall be notified in advance of the Planning Commission meeting and the applicant shall pay for the cost of processing this R&R item. Future compliance reviews may be required if significant violations are identified in the future or if required by the Planning Commission. 2 The business shall be operated in accordance with the Letter of Planning and Building Request and House Rules submitted as part of this application. Once Department, the business operator has been selected, a revised Letter of Operation, Planning Services that ensures that the use will be a recuperative care facility, and an Division operations plan to ensure that the use will operate in a manner that will not create negative impacts to the surrounding community, shall Police Department be submitted to the Planning Department for review by the Police Department and approval by the Planning Director to determine substantial conformance with the Letter of Request and to ensure compatibility with the surrounding uses. 3 The facility shall not be operated as an "Emergency Shelter" as Planning and Building defined in Section 50801(e) of the California Health and Safety Code. Department, The facility operator shall provide short-term care and case Planning Services management to individuals who are homeless or at risk of being Division homeless who have been referred by or discharged from a government, community or licensed medical facility who are recovering from an acute illness or injury that does not necessitate hospitalization during recovery. All clients shall be transported to the facility by the business operator or family members. No "walk-in" clients shall be accepted at the facility. 4 The facility operator shall comply with with all State and/or Federal Planning and Building licensing requirements and the standards specified in the latest version Department, of the Standards for Medical Respite Programs, prepared by the Planning Services National Health Care for the Homeless Council. Division - 7 - PC2018-029 5 There shall be no outdoor activities or loitering in the common area Planning and Building adjacent to the residential properties to the north (rear property line) Department, after 8:00 p.m. seven days a week. This restriction may be modified, planning Services subject to review and approval by the Planning and Building Director Division to ensure that the adjacent residential properties are not impacted by any outdoor activities in this area. 6 Prior to occupancy and initial operation of the facility, the name and Planning and Building telephone number of an on-site manager shall be provided to the Code Department, Enforcement Division of the Planning Department. This person shall Code Enforcement be responsible for responding to any concerns regarding the Division operations of the facility at all times. The owner and operator shall contact the Code Enforcement Division at (714) 765-5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. 7 a. Closed circuit television (CCTV) security system shall be police Department installed within the following coverage areas: • Interior lobby entrances and hallways • Building perimeter, parking lot and exterior pedestrian entry • Common Areas b. If security cameras are not monitored, signs indicating so should be placed at each camera. c. CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of, or tampering with, the recording. d. With advances in technology, digital and wireless CCTV security systems are readily available and highly recommended over older VHS or "Tape" recording systems. e. CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. 8 a. Address number shall be positioned so as to be readily readable police Department from the street. Main building numbers should be a minimum height of 12". Numbers should be illuminated during hours of darkness. b. Rooftop address numbers shall be provided for the police helicopter. Numbers shall be a minimum size of 4 feet in height and 2 feet in width. The lines of the numbers are to be a minimum of 6 inches thick. Numbers should be spaced 12 to 18 inches apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers are not to be visible from ground level. - 8 - PC2018-029 9 SIGNAGE: Police Department a. "No Trespassing 602(k) P.C." posted at the entrances of parking lots and located in other appropriate places (i.e., Resident gathering points and access points, bicycle parking, etc.). Signs must be at least 12" wide x 24" high in overall size, with white background and black 2" lettering. b. All entrances to parking areas should be posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner's/manager's request. 10 a. Monument signs and addresses shall be well lighted during hours Police Department of darkness. b. Adequate lighting of parking lots, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. c. Minimum recommended lighting level in all parking lots in 0.5 foot-candle maintained, measured at the parking surface, with a maximum to minimum ratio no greater than 15:1. 11 a. Common rooms, such as recreation areas, laundry rooms, Police Department conference rooms, etc., should have transparent doors, view panels installed in solid doors, or have a window installed next to the door for increased visibility into the room. b. Doorways, alcoves, etc., should not be recessed to the extent that a place is created for a person to stand and go unobserved. 12 A detailed emergency action plan, for persons both with and without Police Department disability, shall be provided to the Police and Fire Departments. This shall include (but not limited to): • Emergency Evacuation/Escape Plan • Shelter in Place Plan 13 All trash generated from the facility shall be properly contained in Planning and Building trash bins located within an approved trash enclosure(s). The number Department, of bins shall be adequate and the trash pick-up shall be as frequent as Code Enforcement necessary to ensure the sanitary handling and timely removal of refuse Division from the property. Public Works Department, Sanitation Division - 9 - PC2018-029 14 Submit Solid Waste Management Plan to Public Works Department Planning and Building for review and approval. If food will be served, include plan for Department, disposal of excess food and/or space for an organics cart/bin for scraps Public Works to comply with AB 1826. Provide separate grease container, if Department, applicable. Sanitation Division GENERAL CONDITIONS 15 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 Planning Services and as conditioned herein. Division 16 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department, to individually and collectively as "Indemnitees") from any and all Planning Services claims, actions or proceedings brought against Indemnitees to attack, Division 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. 17 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 permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. - 10- PC2018-029