Resolution-PC 2001-72~ ~
RESOLUTION NO. PC2001-72
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING RESOLUTION NO. PC78-31,
ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 1801
WHEREAS, on February 13, 1978, Resolution No. PC78-31 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 1801 and permit a board and care
facility for the aged with waiver of minimum front yard setback on property located at 632 North East
Street; and that said resolution includes a finding that the proposed use was granted to permit a board
and care facility for "14 elderly and ambulatory persons"; and
WHEREAS, this property is developed with a single-family residence that has been
converted into a board and care facility; that the property is zoned RS-7200 (Residential, Single-Family);
and that the Anaheim General Plan Land Use Element designates the property for Low Density
Residential land uses; and
WHEREAS, the petitioner has requested an amendment to this conditional use permit to
permit the board and care of "adults" instead of "aged" and "elderly and ambulatory perso'ns"; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 4, 2001, at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
ta k~@aF and-consider-evidence for and agai~st said proposed ar~endment and to-investigat~ and mak~
findings and recommendations in connection therewith; and
WHEREAS, said 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, does find
and determine the following facts:
1. That the proposed amendment of Conditional Use Permit No. 1801 to permit a board and
care for up to a maximum of 14 adult residents, is hereby approved for a period of two (2) years to expire
on June 4, 2003; and that the proposed modification is properly one for which a conditional use permit is
authorized by Anaheim Municipal Code in the RS-7200 "Residential, Single Family" Zone.
2. That the petitioner has indicated that "adults" are 21 to 59 years old, and "aged" and
"elderly and ambulatory persons" are 60 years old and older.
3. That the proposed modification, including the imposition of additional conditions, is
reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to
permit reasonable operation under the conditional use permits as granted.
4. That the size and shape of the site for the use, as proposed to be amended, is adequate to
allow full development of the board and care facility in a manner not detrimental to the particular area nor
to the peace, health, safety and general welfare.
5. That the traffic generated by the board and care facility, as proposed to be amended, will
not impose an undue burden upon the streets and highways designed and improved to carry the traffic in
the area.
Tracking No. CUP2001-04360
CR5102PK.doc -1- PC2001-72
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6. That modifying Conditional Use Permit No. 1801 as proposed, including revising the
conditions of approval, will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
7. That no one indicated their presence at the public hearing in opposition to the proposal;
that a County representative spoke for informational purposes regarding this proposal; and that no
correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of
Categorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State of California
CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental
documentation
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby amend Resolution No. PC78-31, adopted in connection with Conditional Use Permit No. 1801, to
permit a board and care facility for a maximum of fourteen (14) adult residents; and
BE IT FURTHER RESOLVED that Conditional Use Permit No. 1801, as amended, is
approved for a period of two (2) years to expire on June 4, 2003; and
BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. PC78-31 be
amended in their entirety to read as follows:
That al4 se~riees i~cl~ding ~eals p~ovided by this ~acilE~r sk~ald-be-€or-~he residents at this address
(632 North East Street) only.
2. That a valid business license shall be obtained from the Business License Division of the City of
Anaheim Finance Department.
That the maximum number of adult residents shall be fourteen (14).
4. That the number of resident vehicles shall at no time exceed the number of available parking
spaces on the premises, which spaces are open and accessible.
5. (a) That the petitioner shall provide a twenty four (24) hour per day, on-site manager who will be
responsible for responding to any neighbor's concerns regarding the facility.
(b) That within a period of one (1) month from the date of this resolution, the name and
telephone number of the on-site manager shall be submitted to the Code Enforcement
Division to be kept on file. .
6. That trash storage area(s) shall be refurbished or new trash enclosure(s) shall be constructed to the
satisfaction of the Public Works Department, Streets and Sanitation Division.
7. That the subject board and care facility is approved for up to fourteen (14) adult (ages 18 - 59
years) mentally disabled ambulatory residents, who have been screened to successfully integrate
into a residential setting. This portion of the conditional use permit shall expire in finro (2) years from
the date of this resolution, on June 4, 2003.
8. That the petitioner shall furnish a copy of the license, with any attached conditions, issued by the
State of California Department of Social Services, Community Care Licensing Division, authorizing
the operation of this adult care facility to the Zoning Division of the Planning Department. Said
conditions shall also be conditions of this resolution.
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That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1(Conditional Use Permit No. 1801), and as conditioned herein.
10. That within a period of one (1) month from the date of this resolution, Condition Nos. 2, 5(a). 5(b), 6
and 8, above-mentioned, shall be complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
11. That approval of this application 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 approvaf
of the request regarding any other applicable ordinance, regulation or requirement.
June 4, 2001.
ATTEST:
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
CHAIRPERSON, ANAHEI
..o-~,~..~,-=-~o
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
NNING COMMISSION
I, Eleanor Fernandes, 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 June 4, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
~-- IN WITNESS WHEREOF, I have hereunto set my hand this ~g ~ day of
J v n 2 , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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