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Resolution-PC 2021-029 f the existing the Planning Commission of the City of Anaheim (the "Planning existing senior living Ball in the City of Anaheim, County of Orange, State of California, as generally depicted on the map attached hereto ards mmission did hold a public hearing at the Civic Center duly given as required by law and in accordance with the provisions of Chapter 18.60 of the Code, to hear and consider evidence and testimony for and against the Proposed Project and to investigate Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA the "lead agency" for the preparation and consideration of environmental WHEREAS, the Planning Commission finds and determines that the effects of the 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 res, involving negligible or no expansion of existing or former use. The a remodel of an existing skilled nursing facility into a memory care residence. Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual circumstances in respect to the Proposed Project that would (herein referred to as the and is currently bed memory care facility, . The Land Use Element of the notice of said public hearing having been WHEREAS, pursuant to and in accordance with the provisions of the California Guidelines for the Implementation of the California i)- 029 to Multiple ( bed skilled nursing facility, which is no longer in operation, to ; and 04917B- bject to the zoning and development stand of PC2021 corner Density Residential land uses , – ” ss of projects (i.e., Class 1 B - THEREWITH 04917 4 2004 - , and does not include any physical expansion o east RM 1401 West Ball Road OF Conditional Use Permit No. e - “ is located in the 2004 north acres in siz an A RESOLUTION OF THE PLANNING COMMISSION ; and CONDITIONAL USE PERMIT NO. an interior remodel of a portion of at the CONNECTION - with a 156 dwelling unit independent senior living facility, 28 and incorporated herein by this reference (the "Property") ING ;; and living units generally located ) APPROV 029 Family Residential Zones ons in connection therewith 7.74 ) - 1401 WEST BALL ROAD . The Property Proposed Project are typical of those generated within that cla 1 HEREAS, the Property is approximately 2 d commonly referred to as Medium PC20) 00163 CITY OF ANAHEIM ; nd six independent :00 p.m. FINDINGS IN RESOLUTION NO. -s the Property for Commission") did receive a verified petition for - 20 certain real property 1 and is, therefore, su 0 , at 5 - 2 bed skilled nursing facility (now closed) (DEV WHEREAS, the Planning Co , 2021 CERTAIN allow documents for the Proposed Project; and - Multiple gs and recommendati “CEQA”), the State of California AN AMENDMENT TO facility and independent living units August 30 a ( ii) amend a conditional use permit to THE designate ( Proposed Project would permit - , a 99 ( bed memory care unit , an “Proposed Project”) on thatdescribed in Chapters 18.06 MAKING , WHEREAS, and conversion of in the City of Anaheim on Street zone Anaheim General Plan , the City is Family Residential topographical featu Road and Walnut AND and make findin W Exhibit A developed s Procedure facility - a 30 - as 99 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 , .030 ) of the Code, subject to a conditional The request to permit the Proposed Project would not adversely affect the adjoining main purpose of the proposed accommodations to seniors in need of certain The size and shape of the site is adequate to allow the full development of the Proposed because terior improvements with the exception of a wrought iron , based on the parking study prepared for the project, the proposed site parking spaces are sufficient to accommodate the parking demand for the proposed The traffic generated by the Proposed Project would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic The granting of the conditional use permit will not be detrimental to the health and conditions of that, based upon the aforesaid findings and and adopt the conditions of are hereby found to be a necessary prerequisite to the proposed use of the Property in order to refore, the Proposed Project is categorically conditions of approval es of traffic on the attached hereto and incorporated herein by this reference, which . 029 is an with the surrounding area 04917B WHEREAS, this Planning Commission determines that the evidence in the record t 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 l materials in the project files. There is no substantial evidence, nor are there other This Planning Commission expressly ngs after due - Large” 6 PC2021 under Section 18.0 . surrounding streets and adequate parking will be provided to accommodate the future uses , - Project in a manner not detrimental to either the particular area nor to the health and safety 2004 approve . g residential properties – offered at said hearing pertaining to the request for Conditional Use Permit No. a “Senior Living Facility , with declares that it considered all evidence presented and reached these findi to Proposed Projectdoes contingent upon and subject generated by the Proposed Project will not exceed the anticipated volum he compatible In addition, t Family Residential Zone of the City of Anaheim land uses, or the growth and development of the area because the undin approval contained herein, would operate in a manner that is Family Residential Zones safety of the citizens of the City of Anaheim because the . classified as , and memory care services the findings made in this Resolution. contained herein will mitigate potential impacts to surro BE IT RESOLVED cause a significant effect on the environment and, the - 2 , living - - , determinations, the Planning Commission consideration of all evidence presented to it. Multiple oes find and determine the following facts: , which is 04917B constitutes substantial evidence to suppor exempt from the provisions of CEQA; and living the project would not include any ex - " NOW, THEREFORE 2004 independent - Multiple 4 The Proposed Project - Further Exhibit B M Conditional Use Permit No. assistance in their daily lives R WHEREAS, allowable use within the " ( fence and vehicle gate. 6 (Uses) of Chapter 18.0 in facility is to provide approval set forth facts, that negate report and al . use permit 1.2.3.4.5. - on . 256 use d Extensions for further time to complete conditions of approval may be granted in accordance with Section f 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 plicant has demonstrated significant progress toward establishment of the BE IT FURTHER RESOLVED, that any amendment, modification or revocation of may be processed in accordance with Chapters 18.60.190 (Amendment to Permit BE IT FURTHER RESOLVED that the Planning Commission does hereby find and t 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 court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and lies 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 BE IT FURTHER RESOLVED that approval of this application constitutes approval 029 - Initiated Revocation or Modification of Permits) of the Code. PC2021 . reserve the health, safety and general welfare of the citizens of the City of Anaheim thereof, be declared invalid or unenforceable by the final judgment of any 18.60.170 of the Code. Timing for compliance with conditions o of the proposed request only to the extent that it comp - 3 - - Approval) and 18.60.200 (City use or approved development. the Code, and (iii) the ap determine tha requirement. s permit void. e th p . Said resolution is subject to the appeal provisions set forth in Chapter procedures and may be THE FOREGOING RESOLUTION was adopted at the Planning Commission 029 - PC2021 , PLANNING COMMISSION 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal CITY OF ANAHEIM replaced by a City Council Resolution in the event of an appeal. PERSON - 4 OF THE CHAIR - SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM , 2021 August 30 meeting of ATTEST: 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 , by the following vote of the . 029 , , 2021 VADODARIA - PC2021 day of August KEYS, KRING, SECRETARY, PLANNING COMMISSION th 30 IN WITNESS WHEREOF, I have hereunto set my hand this OF THE CITY OF ANAHEIM , 2021 COMMISSIONERS: August 30 - 5 Commission of the City of Anaheim held on - CHAIRPERSON: MEEKS, , Secretary COMMISSIONERS:COMMISSIONERS: ) ss. , PEREZ )) Laverne Ortiz CITY OF ANAHEIM TATE OF CALIFORNIA COUNTY OF ORANGE WHITE members thereof: I, ABSENT: AYES:NOES: S 029 - PC2021 - 6 - Planning and Building Planning and Building Public Works, Traffic Traffic Traffic Traffic Public Works, Traffic Traffic Planning Services Planning Services RESPONSIBLE DEPARTMENT Department,Department, EngineeringEngineeringEngineeringEngineeringeringEngineering Public Works, Public Works, Public Works, Public Works, DivisionDivision 029 Engine - PC2021 shall be submitted for review and approval apter 10.19) and the Zoning Code. Landscaping shall be installed prior to the final zoning inspection or transformers, water backflow devices, gas, communications and cable devices, air condition facilities, and etc., shall be located outside all required street setbacks building permits. Plans shall also identify the specific screening treatment of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, Red curb locations shall be clearly labeled on building off shall be performed on site and shall not take place on any part of the vehicle associated with the facility be found be parking on public streets, the applicant may be required to meet with the City of Anaheim to discuss corrective submitted for site receptionist or security personnel to allow queuing , including by the Planning Department. The said landscaping plan must be in conformance no limited to, electrical iate City el ire lanes shall be posted with “No Parking Any Time.” Said information shall be -o vehicles associated with this site shall park including the adjacent residential neighborhood. Should shall be pick adjacent to the drive aisles to prohibit parall deliveries including loading and unloading shall be performed on site. Delivery , 04917B the applicant shall ensure that resident for building permits. vehicle on West Ball Road etc.) and shall be subject to the review and approval of all appropr with all Code requirements - and screened. Location of such devices shall be shown on plans 2004 the applicant shall ensure that CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. vehicles to circulate the site and exit the property as needed. with the City’s Landscape Water Efficiency Ordinance (Ch block any part of the public right of way. ) AL 00163 PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS EXHIBIT “B” by the applicant ground utility devices including, but CONDITIONS OF APPROV ate Ongoing during project operations, the driveway g - 2020 - PRIOR TO THE ISSUANCE OF BUILDING PERMITS 7 - DEV Final landscaping plans in compliance issuance of a Certificate of Occupancy. clearance with the line of site triangle, ( specifically shown on plans submitted red Ongoing during project operations, n ngoing during project operations, ngoing during project operations, all curbs - parking in the drive aisles. by on The applicant shall paint on any public street, at all time way. vehicles shall not GENERAL CONDITIONS - of departments. - - public right monitored All above measures. - up/drop plans. F OO NO. 78 123456 and Planning and Building Planning and Building Planning and Building Planning and Building Planning and Building Planning and Building Planning Services Planning Services Planning Services Planning Services Planning Services Planning Services RESPONSIBLE Code Enforcement DEPARTMENT Department,Department,Department,Department, DepartmentDepartment s DivisionDivisionDivision Divisionion Division 029 Divis - PC2021 shall be subject to review and approval by the Failure to pay all charges shall result in delays in the issuance of required maintained in perpetuity. Landscaping shall be replaced in a timely manner in the Request prominently displayed on plans submitted for permits. For example, conditions of approval that are required to be complied with prior to the issuance of building electrical plans, landscape irrigation plans, security plans, parks and trail plans, and discretionary case application within 30 days of the issuance of the final invoice or w, set aside, void, or annul acts or determinations taken, done, or made prior to the decision, or to determine 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, er costs, as part of this application. Any changes to the facility operation which plans prior to the issuance of building permits for this project, whichever occurs This All new landscaping shall be installed in conformance with Chapter 18.46 “Landscape and Screening” of the Anaheim Municipal Code and shall be Request and Parking Conditions of approval related to each of the timing milestones above shall be requirement applies to grading permits, street improvement plans, water and The applicant is responsible for paying all charges related to the processing of this indemnify, and hold harmless the City and its officials, officers, employees and agents (collectively referred to individually and collectively as “Indemnitees”) from any and all claims, actions or the decision of the Indemnitees concerning this permit or any of the proceedings, liabilities and expenses incurred by Indemnitees in connection with such be provided on plans submitted for building plan check. ched thereto. The property shall be developed substantially in accordance with plans and Planning Director to determine substantial conformance with the Letter of sure compatibility with the surrounding uses. permits or may result in the revocation of the approval of this application. claim or litigation, including without limitation attorneys’ fees and oth specifications submitted to the City of Anaheim by the applicant and are on file with the Planning Department and as conditioned herein. the reasonableness, legality or validity of any condition atta shall be operated in accordance with the Letter of AL at it is removed, damaged, diseased and/or dead. brought against Indemnitees to attack, revie CONDITIONS OF APPROV - 8 - s document fire and life safety plans, etc. and to en The Applicant shall defend, these and Parking Study as described in Study submitted permits shall proceedingsproceeding. facility event th first. The NO. 1011121314 9