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Resolution-PC 2001-77• RESOLUTION NO. PC2001-77 ~ A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC67-92, ADOPTED IN CONNECTION WITH CONDITfONAL USE PERMIT NO. 931, AND PERMITTING THE MODIFIED USE FOR A PERIOD OF TWO YEARS UNTIL JUNE 18, 2003 WHEREAS, on May 8, 1967, the Anaheim City Planning Commission did adopt Resolution No. PC67-92 to approve Conditional Use Permit No. 931 and permit establishment of a rest home at 1652 West Broadway; that waivers of required setback, parking within a setback and parking requirements were denied; and that the approved plans illustrate a 40-bed rest home; and WHEREAS, the property is developed with a 40-bed rest home (Amaryllis Court) in the RS-A-43,000 "Residential Agricultural" zone; and that the General Plan land use designation is Low- Medium Density Residential; and WHEREAS, the petitioner has requested modification to the operational conditions of the existing rest home to permit a board and care facility for mentally disabled adults aged 18 to 59 years, to increase the number of clients from 40 to 66 persons, and to permit waiver of the minimum number of parking spaces; and WHEREAS, the City Planning Commission did hofd a public hearing at the Civic Center in the City of Anaheim on June 18, 2001 at 1:30 p.m., notice of said public hearing having been duly given as requ~red by iaw-and in accordaRCe with the provisians of the Anaheim Municipal-Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the meeting of May 21, 2001; 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 amending the existing conditional use permit is properly a use which is authorized by the Anaheim Municipal Code to permit a board and care facility for mentally disabled adults aged 18 to 59 years and to increase the number of clients to 66 persons with waiver of the following: Sections 18.06.050.026.0265 - Minimum number of parkinq spaces. and 18.21.066.010 (53 required; 11 proposed) 2. That a parking study was prepared for the proposal by Kimley-Horn and Associates and dated May 21, 2001, and concluded that a maximum of 10 parking spaces are required to meet the peak demand of the use, as proposed to be amended; and that the City Traffic and Transportation Manager concurred with parking study. 3. That the parking waiver, under the conditions imposed, wilf not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 4. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. Tracking No. CUP 2001-04354 CR5112PK.doc -1- PC2001-77 ~ • 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the Anaheim Municipal Code). 6. Thaf the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use. 7. That the parking waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That amending the use, as proposed, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located; and that the existing use has operated since 1967 and no Code violations have been identified. 9. That the size and shape of the site for the use, as proposed to be amended, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and that the facility has operated as a 40-bed facility since 1967, and the increase to 66 clients will be accommodated within the existing building. 10. That the traffic generated by the use, 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; and that this is a care facility where few residents maintain vehicles on-site or travel to and from the site by vehicle on a regular basis. 11. That amending this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That no one indicated their presence at the public hearing in opposition to the proposal; that two people spoke in favor of the proposal; that one person spoke asking for clarification regarding the 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, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE 17 RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC67-92, adopted in connection with Conditional Use Permit No. 931, to permit a board and care facility for sixty six (66) mentally disabled adults aged 18 to 59 years with waiver of the minimum number of parking spaces; and BE IT FURTHER RESOLVED that the conditions of approval be amended in their entirety to read as follows: That the maximum number of adult residents (ages 18-59 years) shall be limited to sixty six (66) mentally disabled persons (thirty [38] ambulatory and twenty eight [28] non-ambulatory) screened for successful integration into a residential setting. This portion of the conditional use permit shall expire two (2) years from the date of this resolution on June 18, 2003. 2. 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 the adult care facility to the Zoning Division of the Planning Department. Said conditions shall also become conditions of this resolution. -2- PC2001-77 ~ ~ 3. That the existing structure shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 4. That the number of resident and staff vehicles shall at no time exceed the number of on-site parking spaces, which spaces are open and accessible. 5. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours irom time of occurrence. 6. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 7. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violatfng, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit, to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code. That prior to commencing operation of this use, a valid business license shall be obtained from the City of Anaheim Business License Division of the Finance Department. 9. That all services, including meals, provided at this facility shall be for the residents of this address only (i.e., 1652 West Broadway). 10. That there shall be a twenty four (24) hour-a-day on-site manager who will be responsible for responding to neighborhood concerns regarding this facility. The name and telephone number of the manager shall be submitted to and kept on file by the Code Enforcement Division. 11. That operation of this facility shall be limited to non-medical board and care, dispensing of prescribed medications and assisting with activities of daily living. 12. 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 for Conditional Use Permit No. 931, as amended (Tracking No. CUP 2001-04354), and marked Exhibit Nos. 1 and 2, as conditioned herein. 13. That within a period of one (1) month from the date of this resolution, Condition Nos. 2, 8, 10 and 12, 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. 14. 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 approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and all of the conditions hereinabove set fo~th. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any cou~t of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -3- PC2001-77 ~ ~ THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 18, 2001. ~ n /\ _ CHAIRPERSON,~AN~HEIM Gltl( PLANNING COMMISSION ATTEST: ~ ~ SECRETARY, ANAHEIM CfTY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 18, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BRISTOL ^t- IN WITNESS WHEREOF, I have hereunto set my hand this 1~~ day of ~1 v ~ ~ , 2001. ~~,~-L~.._~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001-77