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Resolution-PC 2003-112• RESOLUTION NO. PC2003-112 • A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 931, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC67-92 AS AMENDED BY RESOLUTION NO. PC2001-77, ADOPTED THEREWITH WHEREAS, on May 8, 1967, the Anaheim City Planning Commission did, by its Resolution No. PC67-92, approve Conditional Use Permit No. 931 to 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, on June 18, 2001, the Planning Commission did, by its Resolution No. PC2001-77, amend Resolution No. PC67-92 to modify Conditional Use Permit No. 931 and permit a board and care facility for mentally disabled adults aged 18 to 59 years, to increase the number of clients to 66 persons, and to approve waiver of minimum number of parking spaces; and that said action included amending the conditions of approval in their entirety including Condition No. 1 as follows: That the maximum number of adult residents (ages 18-59 years) shall be limited to sixty six (66) mentally disabled persons (thirty eight [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. WHEREAS, the property is developed with a board and care facility (Royal Health Care); that the zoning is RS-A-43,000 (Residential Agriculturaf); and that the Anaheim General Plan land use designation is Low-Medium Density Residential; and WHEREAS, under authority of Code Sections 18.03.091 and 18.03.093, the petitioner has requested reinstatement of this Conditional Use Permit by the modification or deletion of Condition No. 1 pertaining to the 2-year time limitation in order to retain the board and care facility for mentally disabled adults; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 28, 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, 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 use, as proposed to be amended, is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the use, as proposed to be amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the use, as proposed to be amended, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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. Tracking No. CUP2003-04729 cr\PC2003-112.doc -1- PC2003-112 • • 5. That granting this reinstatement and amendment, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this Conditional Use Permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 7. That this Conditional Use Permit is being exercised in a manner not detrimentaf to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare. 8. That the proposed amendment, 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 Permit as originally granted. 9. 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 prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC67-92, amended by Resolution No. PC2001-77 and adopted in car~nection with Conc}itior~al-kJse Pe~~it No. 931, to-e~instate and approved Conditional Use Permit No. 931, and to amend the conditions of approval in their entirety to read as follows: That the maximum number of adult residents (ages 18-59 years) for this facility shall be limited to the number approved by the Department of Social Services, Community Care Licensing Division, and screened for successful integration into a residential setting. 2. That all existing ground-mounted utility equipment shall be screened from view. 3. That all services provided by this facility, including meals, shall be for the residents at this address only (1652 West Broadway). 4. That a valid business license, issued by the Business License Division of the City of Anaheim Planning Department, shall be maintained for this facility. 5. 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. 6. That the petitioner shall provide an on-site manager, twenty four (24) hours per day, who will be responsible for responding to any neighbor's concerns regarding the facility. That the name and telephone number of the on-site manager shall be kept on file with the Code Enforcement Division. 7. That the trash storage area(s) shall be maintained in a manner satisfactory to the Public Works Department, Streets and Sanitation Division. 8. That the petitioner shall furnish a copy of the license, with any attached conditions, issued by the Community Care Licensing Division of the State of California Department of Social Services authorizing the operation of the adult care facility for seventy (70) residents to the Zoning Division of the Planning Department. Said license and conditions will be filed with this Conditional Use Permit and shall, by this reference, become conditions of this Resolution. -2- PC2003-112 • • 9. 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. 10. 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 the twenty four (24} hours from time of occurrence. 11. That the 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 all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 13. That 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, violating, 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. 14. That no signs, which identify this use as a board and care facility, shall be visible off-site. 15. ~hat ~ubjeet prope~Ey sk~atl be-maintained in accordance with__plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file in the Planning Department marked Exhibit Nos. 1 and 2 of Conditional Use Permit No. 931 (as amended under Tracking No. CUP2001-04354), and as conditioned herein. 16. That the existing landscaping along Broadway shall be refurbished with new shrubs and groundcover. 17. That the unused freestanding sign adjacent to Broadway shall be removed. 18. That within two (2) months from the date of this Resolution, Condition Nos. 2, 8, 16 and 17, above- mentioned, shall be complied with. 19. 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. THE FOREGOING RESOLUTION was adopted at the lanning Commission meeting of July 28, 2003. i ~~1~YYllI ~ ~c~l/Y~//~E: ~~"~l,-~i~~l. RPERSON, ANAHEIM CITY PLANNING COMMISSION A SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CfTY OF ANAHEIM ) -3- PC2003-112 • ~ I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on July 28, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANCY: COMMISSIONERS: IN WITNESS WHE , 2003. BOSTWICK, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT NONE NONE ONE REOF, I have hereunto set my hand this ~day of /J ., _ IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2003-112