Resolution-PC 2003-135•
RESOLUTION NO. PC2003-135
~
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04761 BE GRANTED
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:
THE EAST 135.32 FEET OF LOT "A" OF TRACT 97 SINCLAIR RANCH, AS SHOWN ON A
MAP RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
THE NORTH 40 FEET OF THE SOUTH 240 FEET OF THE EAST 135.32 FEET OF LOT A,
TRACT 97 SINCLAIR RANCH RECORDED IN BOOK 11 PAGE 39 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY BEfNG MORE PARTICULARLY DESCRIBED
AS LOT 36 OF HART SUBDIVISION AS PER MAP THEREOF RECORDED IN BOOK 7
PAGE 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY
EXCEPTING THEREFROM THE EASTERLY 5 FEET THEREOF.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 6, 2003 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 censider-evidence for and ~gaPnst said-proposect eonditionaf use-permit and to investigate arrd 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 proposed use, which is not listed in the Zoning Code as being a permitted use, is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010
to wit: to permit an adult daycare facility.
2. That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed to be located because the proposal is similar to and compatible
with other permitted and conditionally permitted uses in the CG (Commercial, General) Zone.
3. That the proposed use will not, under the conditions imposed, 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.
4. 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.
5. That #he traffic genera#ed by the proposed use wil! not impose a~ undue burden upon the
streets and highways designed and improved to carry traffic in the area based on the proposal's method of
operation whereby clients of the facility will arrive and depart via shuttle.
6. 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.
7. That no one indicated their presence at the public hearing in opposition to the proposal; and
that no correspondence was received in opposition.
Cr\PC2003-135.doc -1- PC2003-135
~ ~
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 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 the maximum number of clients at this adult daycare facility (for developmentally disabled adults)
shall be limited to thirty six (36); and that the hours of operation shall be limited to the following as
stipulated to by the petitioner:
Monday through Friday: 8:30 a.m. to 5:00 p.m.
That no portable signs shall be utilized to advertise the business. All permanent signs shall be submitted to
by the Zoning Division for review and approval. Any decision made by said Division may be appealed to
the Planning Commission as a'Reports and Recommendations' item.
3. That due to the change in use and occupancy of the building, plans shall be submitted to the Building
Division showing compliance with minimum standards of the City of Anaheim. The plans shall be prepared
by a licensed architect and the appropriate permits shall be obtained for any necessary work.
4. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department, Streets
and Sanitation Division, including the installation of trash enclosure gates, to comply with approved plans
on file with said Department. Such information shall be specifically shown on the plans submitted for
building permits.
5. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use.
6. That all clients served by this facility shall arrive and depart by public or private bus shuttle, as proposed by
the project applicant.
7. That the project shall provide on-site passenger loading and unloading in a manner acceptable to the City
Traffic and Transportation Manager. Such information shall be specifically shown on the plans submitted
for building permits.
8. That the property owner shall implement appropriate non-structural and structural Best Management
Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan ("DAMP"),
Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction of
pollutants from entering the City of Anaheim storm water drainage system to the satisfaction of the Public
Works Department, Development Services Division.
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
fr~m time of occurrencp.
10. That four (4) foot high address numbers shall be displayed on the building roof 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 to the Police Department, Community Services
Division, for review and approval.
-2- PC2003-135
~ ~
11. 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.
12. 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, 4, 7 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.
13. That prior to final building and zoning inspections or prior to commencement of the activity authorized by
this resolution, whichever occurs first, Condition Nos. 11 and 10, above-mentioned, shall be complied with.
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 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 FOREGF}ENG RES4~UTION-was adopted at the Pla~t~ting Corrrmtssion-meeting of October
6, 2003.
/
RPERSON, ANAHEIM CITY PLANNING COMMISSION
A
SENIOR~ECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 City Planning Commission
held on October 6, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMlSSIONERS: O!~!E SEAT
NESS WHER of
~da
t
d thi
t
h
EOF
h
I h
,
y
an
s ~
ereun
o se
my
ave
,
IN WIT
2003.
IOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3- PC2003-135