Resolution-PC 2023-011RESOLUTION NO. PC2023-011
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ANAHEIM APPROVING A CONDITIONAL USE PERMIT TO
INCREASE THE NUMBER OF BEDS IN A LEGAL
NONCONFORMING COMMUNITY CARE FACILITY; AND A
PARKING VARIANCE TO PERMIT FEWER PARKING SPACES
THAN REQUIRED BY CODE AND MAKING CERTAIN FINDINGS
IN CONNECTION THEREWITH
(DEV2022-00050)
(1315-1321 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve a conditional use permit to increase the
number of beds in a legal nonconforming community care facility from 36 to 49 beds; and a
parking variance to permit fewer parking spaces than required by the Zoning Code (the "Code")
in conjunction with an existing legal nonconforming Community Care Facility Licensed (Large)
(the "Proposed Project"), on certain real property located at 1315-1321 South Anaheim Boulevard
in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A
attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.50 acres in area and is currently
developed with an approximately 8,717 square foot, one story, community care facility. The
property is designated for Medium Density Residential land uses in the General Plan. The property
is also located in the "C -G" General Commercial Zone and within the South Anaheim Boulevard
Corridor Overlay (SABC) Overlay Zone and is subject to the zoning and development standards
contained in Chapter 18.08 (Commercial Zones) and 18.24 (South Anaheim Boulevard Corridor
(SABC) Overlay Zone) of the Zoning Code (the "Code"); and
WHEREAS, Community Care Facility—Licensed (Large) requires a conditional use
permit subject to the approval by the Planning Commission pursuant to Subsection .040 of Section
18.08.030 (Uses); and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on April 10, 2023, at 5:00 p.m., with notice of said public hearing having
been duly given as required by law and in accordance with the provisions of Chapter 18.60
(Procedures) of the Code, to hear and consider evidence for and against the Proposed Project and
to investigate and make findings and recommendation in connection therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
"CEQA"), the State of California Guidelines for Implementation of the California Environmental
Quality Act (Title 14 of the California Code of Regulations; herein referred to as the "CEQA
Guidelines"), and the City's CEQA Procedures, the City is the "lead agency" for the preparation
and consideration of environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds that the effects of the Proposed Project is
Categorically Exempt from the requirements to prepare additional environmental documentation
per CEQA Guidelines, Section 15301— Existing Facilities. The Proposed Project is a request for
approval of an additional 13 beds to an existing community care facility and no modifications
and/or additions to the subject building are proposed as part of this request. Pursuant to Section
15300.2 (c) and 15301 of Title 14 of the California Code of Regulations, there are no unusual
circumstances in respect to the proposed project for which staff would anticipate a significant
effect on the environment and, therefore, the proposed project would be categorically exempt from
the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for a conditional use permit, does find and determine the
following facts:
1. The Proposed Project is an allowable use within "C -G" General Commercial Zone
Section 18.08.030 (Uses) of the Code, subject to a conditional use permit for a Community Care
Facility—Licensed (Large).
2. The Proposed Project, as conditioned herein, would not adversely affect the growth
or development of the surrounding land uses in that the subject property is fully developed and no
new construction or development is proposed in conjunction with the request.
3. The size and shape of the property is adequate to accommodate the increase of 13
beds in that all additional beds will be contained in existing bedrooms within the facility.
4. The traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to cavy the traffic in the area because the traffic
generated by this use will not exceed the anticipated volumes of traffic on the surrounding streets
and would not create any negative traffic impacts.
5. The granting of the conditional use permit would not be detrimental to the health
and safety of the citizens of the City of Anaheim because the Proposed Project would not result in
an increase in the number of employees, would not substantially change the operations of the
facility, and would not increase the need for additional parking spaces and would continue to be
compatible with the uses in the surrounding area, subject to compliance with the conditions
contained herein; and
WHEREAS, the Planning 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 with respect to the request for a parking variance, does find and determine the following
facts:
SECTION 18.42.040.010 Minimum Number of Parking Spaces
(39 spaces required; 6 spaces proposed)
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1. That the variance, under the conditions imposed will not cause fewer off-street
parking spaces to be provided for the proposed use than the number of such spaces necessary to
accommodate all vehicles attributable to the proposed use under the normal and reasonably
foreseeable conditions of operation of the use, in that the existing facility has operated since 1995
with six on-site parking spaces. The facility has no more than four employees on site at any one
time and said employees park in the on-site parking spaces. Clients of the facility are not permitted
to possess or keep vehicles on the property. The increase of 13 beds will not result in an increase
in the number of employees, would not substantially change the operations of the facility, and
would not increase the need for additional parking spaces. The existing six parking spaces would
be able to accommodate all vehicles attributable to the facility under the normal and reasonably
foreseeable conditions of operation of the use.
2. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed
use, in that the additional 13 beds would not increase the demand for public street parking spaces.
3. That the variance, under the conditions imposed, will not increase the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity of the
proposed use, in that the additional 13 beds would not increase the demand for adjacent private
property parking spaces.
4. That the variance, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed use.
5. That the variance, under the conditions imposed, will not impede vehicular ingress
to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts, that
negate the findings made in this Resolution. This Planning Commission expressly declares that it
considered all evidence presented and reached these findings after due consideration of all
evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, this
Planning Commission does hereby approve the conditional use permit and parking variance,
contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto
and incorporated herein by this reference, which are hereby found to be a necessary prerequisite
to the proposed use of the Property for which the conditional use permit is applicable in order to
preserve the health, safety and general welfare of the citizens of the City of Anaheim. Extensions
for further time to complete conditions of approval may be granted in accordance with Section
18.60.170 of the Code. 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
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that satisfies the original intent and purpose of the condition, (ii) the modification complies with
the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the
use or approved development.
BE IT FURTHER RESOLVED, that any amendment, modification, or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED, that the 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.
BE IT FURTHER RESOLVED, that approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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 April 10, 2023. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
(Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CITAIRPERSON, PLANNIN CO ISSION
OF THE CITY OF ANAHEII
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
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Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +/- two to five feet.
PC2023-011
EXHIBIT `B"
Conditional Use Permit
(DEV2022-00050)
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
GENERAL
1
Six (6) parking spaces shall be maintained on-site at all times.
Planning and Building
Parking spaces shall not be used for storage or any use other
Department,
than parking. Employees shall park in the on-site parking
Planning Services Division
spaces. Employee vehicles shall be provided with a window
sticker or placard that identifies the vehicle's association with
the business.
2
The subject property, and the areas immediately adjacent to the
Planning and Building
property shall be maintained in an orderly fashion through the
Department,
provision of regular landscaping maintenance, removal of trash
Planning Services Division
and debris, and any graffiti painted or marked upon the
premises or on any adjacent area under the control of the
licensee shall be removed or painted over within 24 hours.
3
The owner/operator shall monitor the area under their control to
Planning and Building
prevent the loitering of persons around the premises and
Department,
adjacent properties.
Planning Services Division
4
The facility's trash bins shall be kept on site and shall not be
Planning and Building
located in manner that blocks access to any driveway, sidewalk,
Department,
the adjacent alley and/or the public right-of-way
Planning Services Division
5
The business shall be operated in accordance with the Letter of
Planning and Building
Request and Operation submitted as part of this application.
Department,
Any changes to the business operation as described in these
Planning Services Division
documents shall be subject to review and approval by the
Planning Director to determine substantial conformance with
these documents, to determine that adequate parking shall
continue to be provided for onsite uses, and to ensure
compatibility with the surrounding uses.
6
The Applicant/Owner shall defend, indemnify, and hold
Planning and Building
harmless the City and its officials, officers, employees and
Department,
agents (collectively referred to individually and collectively as
Planning Services Division
"Indemnitees") from any and all claims, actions or proceedings
brought against Indemnitees to attack, review, set aside, void,
or annul the decision of the Indemnitees concerning this permit
or any of the proceedings, acts or determinations taken, done,
or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached
PC2023-011
NO.
CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
thereto. The Applicant's indemnification is intended to include,
but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys' fees and other
costs, liabilities and expenses incurred by Indemnitees in
connection with such proceeding.
7
The premises shall be developed and operated substantially in
Planning and Building
accordance with plans and specifications submitted to the City
Department,
of Anaheim by the applicant, which plans are on file with the
Planning Services Division
Planning Department, and as conditioned herein.
8
The Applicant/Owner is responsible for paying all charges
Planning and Building
related to the processing of this discretionary case application
Department,
within 30 days of the issuance of the final invoice or prior to the
Planning Services Division
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 may result in the revocation of
the approval of this application.
PC2023-011
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Heather Flores, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on April 10, 2023, by the following vote of the members
thereof:
AYES: Chairperson Kring, Vice Chairperson Henninger, Commissioners Castro, Perez,
Tran -Martin, and Walker
NOES: Commissioner Lieberman
ABSTAIN:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this 10' day of April 2023.
�1
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
PC2023-011