Resolution-PC 2002-154•
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RESOLUTION NO. PC2002-154
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04610 BE GRANTED
FOR FIVE YEARS UNTIL OCTOBER 7, 2007
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of
California, described as:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 131, PAGES 1 AND 2 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on October 7, 2002 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, 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
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 proposal, adult daycare, is an unlisted use for which a conditional use permit is
authorized _by Anaheim Munbcipal Code ~ection 18:03.030.010 with waiver o~ the #oNowing: -
Sections 18.06.050.020.021.0212
18.06.050.020.023.0231
18.06.050. 020.026.0263
18 .06 .050.020.026.0264
18 .06.050.020.026.0266
18.06.050.030.031
18.06.080
and 18.44.066.050
Minimum number of parkinq spaces.
(650 spaces required;
485 sqaces proposed and concurred with by the City Traffic and
Transportation Manager)
2. That the waiver of minimum number of parking spaces, under the conditions imposed and
based on the conclusions contained in the submitted parking study which is discussed in paragraphs (16)
through (18) of the Staff Report to the Planning Commission dated October 7, 2002, will not cause fewer off-
street parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to the adult day care facility and the commercial complex in which it
will be located under normal and reasonably foreseeable conditions of operation of such use.
3. That the waiver, under the conditions imposed, will not increase the demand and competition
for parking spaces upon the public streets in the immediate viciniry of the proposed use.
4. That the 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.
5. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for the approved use.
6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress
from adjacent prope~ties upon the public streets in the immediate vicinity of the proposed use.
7. That the size and shape of the site for the proposed use 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 because the proposed church does not include any physical expansion of the
existing building.
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8. That granting 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.
9. That the proposed use will not adversely affect the adjoining office and industrial land uses
nor restrict the growth and development of the area in which it is proposed to be located due to the
complementary hours of operation relative to adjacent and nearby businesses.
10. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area based on the findings of the parking
study which indicate adequate on-site parking for all uses on the property.
11. That no one indicated their presence at the public hearing in opposition to 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 p~epare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That, as stipulated in the petitioner's letter of operation, the hours of operation for this adult daycare
business (for-persons 65 y~ars of age and older)-shall be 4irnited#o-Monday ~hrough Friday,
9:00 a.m. to 3:00 p.m.; and that the number of clients shall be limited to two hundred (200).
That no portable signs shall be utilized to advertise this business; that signs shall be limited to the two
(2) existing wall sign cabinets; and that any additional signs shall be reviewed and approved by the
Planning Commission as a"Reports and Recommendations" item.
3. That the client drop-off and loading area shall be limited to the north parking lot immediately adjacent to
the building. Said drop-off area shall be specified on the plans submitted for building permits.
4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses.
5. That plans shall be submitted to the Zoning Division for review and approval showing the patio
improvements along the west building elevation. Said area shall be developed and maintained in
conformance with said approval.
6. 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 finrenty four (24)
hours from time of occurrence.
7. That four (4) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent and
nearby properties. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division, review and approval.
8. That subject property shall be maintained 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 Nos. 1 and 2, and as conditioned herein.
9. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this
resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first,
Condition Nos. 3, 5 and 7, 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.
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10. That prior to final building and zoning inspections or prior to commencement of the activity authorized
by this resolution, whichever occurs first, Condition No. 8, above-mentioned, shall be complied with.
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 approval of the
request regarding any other applicable ordinance, regulation or requirement.
12. That this conditional use permit shall expire on October 7, 2007.
BE IT FURTHER RESOLVED that the Anaheim City 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 7, 2002.
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CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
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SECRETARY, ANAHEIM CITY 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 October 7, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this o~ h day of
(~~~a~~ , 2002.
~I _P/Ys't-or.~-~Go
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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