Resolution-PC 2006-98~ '.
RESOLUTION NO. PC2006-98
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0: 2006-05130 BE GRANTED
(3105 West OrangeAvenue-Family Choice Senior Care)
WHEREAS, the Anaheim 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 94.00 FEET OF THE SOUTH 1 ACRE OF THE EAST 2 ACRES OF THE WEST 5-
1/2 ACRES OF THE EAST 7 ACRES OF THE SOUTH 8 ACRES OF THE EAST HALF OFTHE'
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 4
SOUTH, RANGE 11 WEST, S.B.B. & M., AS SHOWN ON A MAP RECORDED IN BOOK 31
PAGE(S)11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE'COUNTY, CALIFORNIA.
EXCEPT TMEREFROM, THAT PORTION OF SAID LAND, LYING NORTHWESTERLY OF A
LINE THAT IS PARALLEL WITH AND DISTANT 50:00 FEET SOUTHEASTERLY OF A LINE
DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTERLINE INTERSECTION OF ORANGE AVENUE "AND
WESTERN AVENUE AS SAID iNTERSECTION, IS SHOWN IN COUNTY SURVEYOR'S
: TRANSIT BOOK 114, PAGE 32 ON FILE;1N THE OFFICE OF-THE COUNTY SURVEYOR OF
ORANGE 'COUNTY, CALIFORNIA, ON OCTOBER 23, 1957: THENCE SOUTH 0° 33' 45"
EAST, ALONG SAID WESTERN AVENUE CENTERLINE 199.71 FEET TO THE TRUE POINT
OF BEGINNING OF THE LINE TO BE DESCRIBED; SAID POINT 'ALSO BEING DISTANT
NORTH 0° 33' 45 WEST, ALONG SAID WESTERN AVENUE CENTERLINE, 2488.65 FEET
- FROM THE CENTERLINE OF SALL ROAD AS SHOWN IN'SAID TRANSIT BOOK 114, PAGE
32 ON OCTOBER 23, 1957; THENCE FROM SAID TRUE P.OINT OF BEGINNING,
NORTHEASTERLY ALONG A CURVE NON-TANGENT CONCAVE NORTHWESTERLY, ,
HAVING A RADIUS OF 1800.00 FEET THROUGH A CENTRAL ANGLE OF 1° 00' 05" AN ARC
DISTANCE OF 27.96 FEET TO A LINE TANGENT THENCE NORTM 67° 32' 10" EAST,
2073.61 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND
HAVING A RADIUS OF 1800.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 9° 58' 50' AN ARC DISTANCE OF 313.55 FEET TO A`
LINE TANGENT; THENCE NORTH 57° 33' 20" EAST, 497.62 FEET TO A POINT W THE
CENTERLINE OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S TRANSIT
BOOK 107, PAGE 11 ON FILE, W THE OFFICE OF THE COUNTY SURVEYOR OF ORANG~
COUNTY, CALIFORNIA, ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON
NORTH 0° 26' 40 WEST, 983.26 FEET FROM THE CENTERLINE OF ORANGE AVENUE AS
SHOWN 1N SAID TRANSIT BOOK 107, PAGE 11-0N OCSOBER 29, 1957 AND ALSO BEING
DISTANT THEREON SOUTH 0° 26' 40" EAS7, 1688.30 FEET FROM THE CENTERLINE QF'
LINCOLN AVENUE AS SHOWN ON SAID TRANSITBOOK 107. PAGE 11 ON OCTOBER 29,
1957 AS CONVEYED TO ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED
RECORDED MARCH 4, 1958 IN BOOK 4218 PAGE(S) 393, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on October 30, 2006, at.2:30 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 18.60, 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`
Cr\PC2006-98 -1- : PC2006-98
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1'. That the request to expand a previousiy approved senior care facility from 20 residents to 32
residents with waiver of minimum number of parking spaces is properly one'for which a conditional use
permi4 is authorized by Anaheim Municipal Code Section 18.14.030.040 (Group Care Facilities) with waiver
of the following:
(a) SECTION NO. 18.42.040.010 Minimum number of parkinq spaces
26 spaces required; 9 spacesproposed)
2. Thatwaiver (a) pertaining,to the minimum number of parking spaces is hereby approved
based upon the parking letter calculations determining by comparison that the proposed amount of parking
for the facility will be sufficient.
3. That the proposed additions to the existing senior care facility would not adversely affect the
adjoining land uses and the growth and development of the area because the facility is existing and the
proposal of units is towards the rear of the property that cannot be viewed from the public right of way. The
proposed additions would enhance the visual impact and livability for residents within the project.
4. That the existing structures and other improvements are in compliance with the Uniform
Building Code and other applicable codes as adopted by the City of Anaheim.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the project already
exists with 20 residents that do not drive. Adding 12 more residents that also cannot drive will not impact the
surrounding area.
6. That granting of the conditional use permit under the conditions imposed, if any, will not be
detrimental to the health and safety of the citizens of the City of Anaheim:
7. That no one indicated their presence at. said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within #he definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation. :
NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development. .
2. 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 the time of discovery.
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_ 3. That the existing driveways shall be reconstructed to be in compliance with PublicWorks Standard
Detail 115-B. Obtain a Right of Way Construction Perrriit from the Development Services Division.
Improvements mustbe complete prior to final building and zoning inspections:
4. Prior to issuance of a building permit, the City of Anaheim Sere Impact Mitigation fee for the West and
Central Anaheim Area shall be paid. The mitigation fee is currently $466/10000 S:F. of gross floor
area.' ,
5. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
6. That any required relocation of City'electrical facilities shall be at the developer's expense. That ,
landscape and/or hardscape screening of all pad=mounted equipmenf shall be required and shall be
shown on plans submitted for building permits.
7. That any new backflow equipment shall be located above ground outside of the street setback area in
a manner fully screened from all public streets. ,Any backflow assemblies currently installed in a vault
shall bebrought up to current standards. Existing large water system equipment shall be fully
screened from all public streets and alleys.' Said information shall be shown on plans and approved by
Water Engineering and Cross Connection Control lnspector before submittal for building permits.
8. That all existing water services and fire iines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire fine.
9. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 3, and as conditioned herein.
10. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 3, 4, 6, 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
11. That prior to final building and zoning inspections, Condition Nos. 8 and 10, above-mentioned, shall be
complied with.
12. 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. :
13. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent -
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim 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, sha11 be deemed nul{ and void.
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BE IT FURTHER RESOLVED that the applicant is responsiblefor paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure`to pay all charges shall
result in delays in the issuance of required permits or the revocation of the approval ofthis application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 30; 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning :
Provisions = General" of the Anaheim Municipal Code pertaining to a al procedures and may be replaced
by a City Council Resolution in the event of, an appeaL
- AIR N, ANAHEIM PLANNING COMMISSION '
ATTEST:
.
~~-~„~.-~..~ ;~ e-~c.v
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY-0F ANAHEIM _ )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and: adopted at a meeting of the Anaheim Pfanning Commission held on
October 30, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
W WITNESS WHEREOF, I have hereunto set my hand this ~_ day of
Ne ve~-n ber__, 2oos.
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SENIOR SECRETARY, ANAHEIM PLANNiNG COMM{SS10N
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