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Resolution-PC 2001-17. ~ RESOLUTION NO. PC2001-17 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4086 (CUP Tracking No. 2001-04316) WHEREAS, on January 4, 1999, the Planning Commission adopted Resolution No. PC99-3 to grant Conditional Use Permit No. 4086 and permit expansion (to 710 North Anaheim Boulevard) of an existing alcohol and drug rehabilitation center at 714 North Anaheim Boulevard; and that Condition No. 18 of said resolution specifies that the use is approved for a period of two years to expire on January 4, 2001; and WHEREAS, this property is developed with an alcohol and drug abuse rehabilitation center (Hope House) in the CG (Commercial, General) zone; and that the Anaheim General Plan Land Use Element designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested reinstatement of this use permit (which expired on January 4, 2001) to retain the expansion to the existing alcohol and drug rehabilitation center under authority of Code Section 18.03.093; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 29. 2001, 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 use proposed to be reinstated is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the facility has complied with the original conditions of approval and the property is being satisfactorily maintained and, therefore, a reinstatement period longer than one year is justified. 3. That expansion of the existing drug and alcohol rehabilitation center is in compliance with all conditions of approval and Code requirements (except for vines not having been planted adjacent to the trash enclosure walls and permanent irrigation facilities not having been provided); and that amending the conditions of approval to remove the time limitation and to require that appropriate landscaping be planted adjacent to the trash enclosure walls and that permanent irrigation facilities be provided, would be consistent with this use permit as originally approved. 4. That deletion of the time limitation is necessary to permit reasonable operation under the use permit as originally granted. 5. That all physical aspects of the property remain the same as when this use permit was originally approved, and that surrounding land uses in the immediate vicinity have not changed. 6. That this use is being exercised in a manner which is not detrimental to the surrounding areas or land uses, nor to the public peace, health, safety and general welfare. CR5009PK.doc -4- PC2001-17 i • 7. That the use, as reinstated and conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 8. That the size and shape of the site for the use as proposed to be 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. 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: That the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4086 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate Conditional Use Permit No. 4086 to retain an expansion to an existing alcohol and drug rehabilitation center; and BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the ~ondi~ior~s of approvaG a~ Resolution-No. 99-03, adopted ia connectioa with Cond[tioaal Us~ Permit No. 4086, to read as follows: 1. That the owner of the subject property shall be responsible for the removal of any on-site graffiti within twenty four (24) hours from its application. 2. That no signs shall be permitted for this property. 3. That the use of this property shall be accessory to the primary alcohol and drug rehabilitation facility located at 714 North Anaheim Boulevard, as stipulated to by the petitioner in the letter of operation attached to the Staff Report to the Planning Commission dated January 4, 1999 (Item No. 6), on file with the Planning Department. 4. That the trash enclosure shall be shall be replanted with clinging vines planted on maximum three (3) foot centers or tall shrubbery to prevent graffiti opportunities; and that the trash enclosure and the landscaping shall be maintained in accordance with plans on file and approved by the Public Works Department, Streets and Sanitation Division. 5. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 6. That the property shall maintained in conformance with Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. 7. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses; and that the parking stalls shall be marked "for tenant use only." 8. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. -2- PC2001-17 ~ • 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 No. 1, and as conditioned herein. 10. That approval of this application constitutes approval of the proposed request only to the extent that it compties 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 January 29, 2001. ~ ~ CHAIRPERSO H CI ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AI~FAHEaM ) PLANNING COMMISSION I, Osbelia Edmundson, 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 January 29, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT ABSTAINED: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~-.eS~~ , 2001. ~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-17