Resolution-PC 2003-142•
RESOLUTION NO. PC2003-142
i
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04773 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:
THAT PORTION OF THE WESTERLY 77.2 ACRES OF LOT 1 IN BLOCK "K" OF
THE KRAMER TRACT AS SHOWN ON A MAP RECORDED IN BOOK 12, PAGES
87 AND 88 OF MISCELLANEOUS RECORDS OF THE COUNTY OF LOS
ANGELES, LYING SOUTHERLY OF THE CENTERLINE OF THE LAND
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED MARCH
11, 1937, IN BOOK 872, PAGE 300 OF OFFICIAL RECORDS.
EXCEPT THAT PORTION LYING SOUTHERLY OF THE NORTHERLY LINE OF
THE LAND DESCRIBED IN THE DEED TO SANTA FE LAND IMPROVEMENT
COMPANY, RECORDED MARCH 4, 1910, IN BOOK 177, PAGE 263 OF DEED OF
SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on October 20, 2003 at 1:30 p.m., notice of said public hearing having been duly
- given as req~rired-by Iaw aFlC~irraeeordance with the provisions of-~he Anaheim Municipaf Eode; Ehapter
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 proposed uses are properly ones for which a conditional use permit is
authorized by Anaheim Municipal Code Sections 18.03.030.010, 18.110.100.050.0510 and
18.110.100.050.0516 to wit: to establish land use conformity with existing Zoning Code requirements for
an existing legal nonconforming commercial retail center and liquor store, and to permit an adult health
day care facility.
2. That the proposed adult health day care facility in Development Area 5(Commercial
Area) of the Northeast Area Specific Plan No. 94-1 is a use which is not listed in the Zoning Code as
being a permitted use in any zone and it can, therefore, be authorized by conditional use permit.
3. That the size and shape of the site for the proposed uses 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.
4. That the traffic generated by the proposed uses will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
5. 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.
6. That the proposed uses, under the conditions imposed, will not adversely affect the
adjoining land uses and the growth and development of the area in which such uses are located.
Cr\PC2003-142.doc -1- PC2003-142
~
•
7. That no one indicated their presence at said 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 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:
Adult Day Health Care
That the hours of operation shall be limited to 8 a.m. to 4 p.m., Monday through Friday.
2. That a railing shall be constructed to secure the outdoor patio area from vehicular traffic. Said railing
shall be designed to be architecturally compatible with the colors and materials of the commercial
retail center. Said information shall be specifically shown on plans submitted to the Zoning Division
for review and approval.
3. That prior to commencing operation of the adult day care facility, a valid business license shall be
obtained from the Business License Division of the Planning Department.
4. That the petitioner shall provide an on-site manager who shall be responsible for responding to any
concerns regarding the facility. The name and telephone number of the on-site manager shall be
provided to the Code Enforcement Division, where it will kept on file.
5. That the petitioner shall furnish a copy of the license, with any attached conditions, issued by the
State of California Social Services, Community Care Licensing Division, authorizing operation of the
adult care facility for up to one hundred twenty (120) participants, to the Zoning Division. (A copy of
the license and attached conditions will be attached to this conditional use permit, which is on file
with the Planning Department.) Said conditions shall become conditions of this resolution.
6. That subject facility shall be limited to a maximum of one hundred twenty (120) elderly and/or
mentally disabled adults eighteen (18) years of age and older.
Liquor Store
7. That no alcoholic beverages distributed from the liquor store shall be consumed on the property.
That no amusement devices or games shall be maintained upon the premises of the liquor store at
any time.
9. That no public telephones, which are located outside the building and within the control of the
applicant, shall be maintained on the property.
10. That window signs for the liquor store, which signs are devoted to alcohol and/or non-alcohol
advertising, shall not exceed ten percent (10%) of the window area and shall be placed in the upper
portion of the window.
11. That no advertising of alcoholic beverages, including beer and wine, shall be located, placed or
attached to any location outside the interior of the building.
-2- PC2003-142
~
~
12. That no alcoholic beverages, including beer and wine, shall be consumed on any property under the
control of the applicant.
13. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Lighting in the parking area of the premises shall be directed, positioned and shielded in
such a manner so as not to unreasonably illuminate the window areas of nearby residences.
14. That the applicant shall be responsible for maintaining a litter free area adjacent to the premises
over which he/she has control.
15. That there shall be no video, electronic, pool table or coin-operated games or other amusement
devices maintained upon the premises at any time.
16. That no display of alcoholic beverages, including beer and wine, shall be located outside the liquor
store building or within five (5) feet of any public entrance to a building.
17. That the sale of alcoholic beverages, including beer and wine, shall be made to customers only
when the customer is inside the liquor store building.
18. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic
beverages, including beer and wine.
19. That any public telephones proposed on-site shall be located inside the liquor store.
20. That no storage, display or sale of any merchandise or fixtures shall be permitted outside the liquor
store building.
21. That at least one (1) sign to discourage driving a vehicle while under the influence of drugs or
alcoholic beverages shall be prominently displayed inside the liquor store building for every three (3)
signs advertising alcoholic beverages, including beer and wine; provided, however, that at least two
(2) such signs to discourage driving a vehicle while under the influence of drugs or alcoholic
beverages shall be prominently displayed inside the building. Said information shall be specifically
shown on the plans submitted to the Police Department, Community Services Division, for review
and approval.
Commercial Retail Center
22. That the number of commercial tenant spaces shall be limited to twenty seven (27) units.
23. That no roof-mounted balloons or other inflated devices shall be permitted on the property.
24. That no outdoor vending machines shall be permitted on the property.
25. That all existing and proposed public telephones shall be located inside a building.
26. That no outdoor storage shall be permitted on the premises.
27. That no required parking area shall be fenced or otherwise enclosed for outdoor storage or
merchandise storage or display.
28. That four (4) foot high street address numbers shall be displayed on the roof of the building in a color
contrasting to the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on plans submitted to the Police
Department, Community Services Division, for review and approval.
-3- PC2003-142
~ ~
29. That any existing or proposed roof-mounted equipment shall be subject to the screening
requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial,
Limited) Zone. Said information shall be specifically shown on the plans submitted to the Zoning
Division and Building Division for review and approval.
30. 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 from time of occurrence.
31. That all wall sign cabinets shall be fitted with copy panels.
32. That the property owner shall submit a letter to the Zoning Division requesting termination of
Conditional Use Permit No. 3231 (permitting a church with waiver of minimum number of parking
spaces).
33. That additionaf trees shall be planted in the existing ten (10) foot wide landscape planter adjacent to
Orangethorpe Avenue; and that clinging vines shall be planted adjacent to the two (2) existing trash
enclosures. Said information shall be specifically shown on plans submitted to the Zoning Division
for review and approval. Any decision by the Zoning Division may be appealed to the Planning
Commission as a'Reports and Recommendations' item.
34. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public
Works Department, Streets and Sanitation Division.
35: ~~ra~ an Emerge~ey ~isting-Ea~~# (Form APD-281) shalf be-#ile~F with the PQlice Departmerr~.
36. That the property owner shall implement appropriate non-structural and structural Best Management
Practices ("BMPs"). The BMPs shall be implemented and maintained to minimize the introduction of
pollutants to the storm water drainage system. Said information shall be submitted to the Public
Works Department, Development Services Division, for review and approval.
37. 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 Nos. 1 and 2, and as conditioned herein.
38. That 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. 2, 3, 4, 5, 15, 16, 19, 20,
21, 24, 25, 28, 29, 31, 32, 33, 35 and 36, 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.
39. That prior to commencement of the activity authorized by this resolution or prior to final building and
zoning inspections, whichever occurs first, Condition No. 37, above-mentioned, shall be complied
with.
40. 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.
41. That within a period of six (6) months from the date of this resolution, Condition Nos. 8, 9, 10 and 11,
above-mentioned, shall be complied with.
-4- PC2003-142
,~ ii~
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 20, 2003.
= /~/1M~ ~:liYY.CO~~-t/V '~ ' ~ i ~~~ll'C~
ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
/~~'Zr?~~
SENIOR SECRETARY, ANAHEfM CtTY PLANNING COMMISSfON
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, 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
GomFrtission held on Oetober 2E}, 2003, by the foflowi~g vote of the members-thereof: -
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
VACANCY: COMMISSIONERS: ONE SEAT
IN WITNESS WHEREOF, I have hereunto set my hand this ~~ ~ day of
ecerv~ ~r , 2003.
/~i`Zo''z.M~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-5- PC2003-142