Resolution-PC 2003-93C~
RESOLUTION NO. PC2003-93
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1801, AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC78-31
AS AMENDED BY RESOLUTION NO. PC2001-72, ADOPTED THEREWITH
WHEREAS, on February 13, 1978, the Anaheim City Planning Commission did, by its
Resolution No. PC78-31, approve Conditional Use Permit No. 1801 to permit a board and care facility for
the aged with waiver of minimum front yard setback on property located at 632 North East Street; and
WHEREAS, on June 4, 2001, the Planning Commission did, by its Resolution No. PC2001-
72, amend said Resolution No. PC78-31 to permit a board and care facility for a maximum of 14 adult
residents and to amend the conditions of approval in their entirety, including the following condition:
"7. That subject board and care facility is approved for up to fourteen (14) adult (ages
18-59 years) mentally disabled ambulatory residents, who have been screened to
successfully integrate into a residential setting. This portion of the conditionaf use
permit shall expire in two (2) years from the date of this Resolution, on June 4,
2003."
WHEREAS, this property is developed with a single-family residence that has been
converted to a board and cared facility; that the underlying zoning is RS-7200 (Residential, Single-
Famil~!); _and_tha# the Anaheim General Plan desig.nates the property for low density residential land
uses; and
WHEREAS, the petitioner has requested reinstatement of this conditional use permit to
retain the board and care facility for mentally disabled ambulatory adult residents pursuant to Section
18.03.093 of the Anaheim Municipal Code; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 30, 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 consider evidence for and against said proposed amendment 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 use is properly one for which a conditional use permit is authorized by
the Zoning Code; and that there have been no changes to.the applicable zoning standards that would
invalidate the findings that were the basis for the original approvaf of this Conditional Use Permit.
2. That the proposal, as reinstated, 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 reinstated, 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 reinstated, will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area.
Tracking No. CUP2003-04713
C R\PC2003-093 -1- PC2003-93
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5. That granting this reinstatement, 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; and
that the Code Enforcement Division has inspected the premises and determined that the facility is in
compliance.with all applicable conditions of approval.
7. That this conditional use permit is being exercised in a manner not detrimental to the
particular area and surrounding land uses, nor to the public peace, health, safety and general welfare, as
evidenced by the absence of Code Enforcement Division complaints for the property.
8. That reinstatement of this conditional use permit, including deletion of the time limitation
and modification of the conditions of approval, is reasonably necessary to protect the public peace, health
safety and general welfare, and 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. PC78-31, adopted in connection with Conditional Use Permit No. 1801 and
amended by Resolution No. PC2001-72, to reinstate this Conditional Use Permit and to amend the
conditions of approval in their entirety to read as follows:
1. That all services, including meals, provided by this facility shall be for the residents at this address
only (632 North East Street).
2. That a valid business license issued by the Business License Division of the City of Anaheim
Finance Department shall be maintained for this facility.
3. That the maximum number of adult residents shall be twelve (12) with two (2) on-site management
staff. Residents of this board and care facility shall be mentally disabled ambulatory adults (ages
18-59) who have been screened to successfully integrate into a residential setting.
4. That the number of resident vehicles shall at no time exceed the number of available parking spaces
on the premises, which spaces shall be open and accessible.
5. (a) That the petitioner shall provide a twenty four (24) hour per day on-site manager who will be
responsible for responding to any neighbor's concerns regarding the facility.
(b) That the name and tefephone number of the on-site manager shall be kept on file with the Code
Enforcement Division.
6. That the trash storage area(s) shall be maintained in a manner satisfactory to the Public Works
Department, Streets and Sanitation Division.
7. That no signs shall be visible off-site, which signs identify this use as a board and care facility.
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8. That subject property shall 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 No. 1(Conditional Use Permit No. 1801), and as conditioned herein.
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 Planning Commission meeting of
June 30, 2003.
CHAIRP RSON, A A EIM CI Y PLANNI COMMISSION
ATTEST:
/'~'~ ~,., '
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAkIE-IM- )
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
Commissian held Qn June 3U, 2003; by the follow~ng vo#e of the rnernbers thereo#:
AYES: COMMISSIONERS: BOSTWICK, EASTMAN, KOOS, O'CONNELL, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: COMMISSIONERS: ONE
n IN WITNESS WHEREOF, I have hereunto set my hand this ~~ ~ day of
s~ vS~ , 2003.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMtSSION
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