Resolution-PC 2005-10• ' •
RESOLUTION NO. PC2005-10
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF'APPROVAL OF
RESOWTION NO. PC2001-59ADOPTEDJN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 4163 `
(321 NORTH STATE'COLLEGE BOULEVARD)
WHEREAS, on December 6, 1999, the Anaheim Planning Commission did, by Resolution Na
PC99-213, grant Conditionaf Use Permit No. 4163 to'permit a substance abuse recovery center for:women
and their dependent children; and that Condition No. 98 specified that the conditional use permit shall expire
one year from the date of this resolution on December 6, 2000; and ,
WHEREAS, on May 7, 2001, the Anaheim Planning Commission did amend Resolution Na
PC99-213, in'its entirety reinstating the permit for an additional three (3)years and adopted Resolution Na
PC2001-59; and . '
WHEREAS, Resolution No. PC2001-59, adopted in connection with subject use permit '
includes the following condition of approvaL•
"1. That this usepermit shall expire three (3) years from the date of this resolution, on May
, 7, 2004."
WHEREAS, the petitioner has requested reinstatement of#his conditional use permit, which
expired on May 7, 2004, to retain the substance abuse recovery center for women and their dependent
children;
WHEREAS, this property is developed with two multiple-family apartment bui{dings (totaling 10
units) and a single-family residence that are utilized as a substance abuse recovery center for women and
their dependent children; that the property is zoned T(Transition) and the Anaheim General Plan Land Use
E{ement Map designates this property for Low Density Residential land uses and the property is situated in
the City of Anaheim, County of Orange, State of California, described as
THAT PORTION OF LOT 7 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM,
ACCORDING TO THE MAP OF SURVEYS MADE BY WILLIAM HAMEL, ACKNOWLEDGED
BY ALFRED ROBINSON, TRUSTEE AND ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF PLACENTIA AVENUE
WITH THE CENTERLINE OF THE RIGHT OF WAY OF THE ANAHEIM UNION WATER
COMPANY, AS SAID RIGHT OF WAY WAS ESTABLISHED BY A JUDGMENT RENDERED
BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY
OF ORANGE, IN AN ACTION ENTITLED "ANAHEIM UNION WATER COMPANY, A
CORPORATION, PLAINTIFF VS. H.F.S. SCHNEIDER, ET AL, DEFENDANTS", CASE NO. -
6468, A CERTIFIED COPY OF SAID JUDGMENT HAVING BEEN RECORDED IN BOOK 281,
PAGE 126 OF DEEDS; THENCE NORTH O° OT 25" EAST ALONG SAID CENTERLINE OF
PLACENTIA AVENUE, 91.5 FEET; THENCE SOUTH 81° 43' 35" WEST PARALLEL WITH
THE CENTERLINE OF SAID RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY,
, 156 FEET; THENCE NORTH 0° OT 25" EAST PARALLEL WITH SAID CENTERLINE OF
PLACENTIA AVENUE TO TNE SOUTHERLY LINE OF THE LAND CONVEYED TO J.F.
BURGESS AND WIFE, BY DEED RECORDED IN BOOK 1666, PAGE 467 OF OFFICIAL
RECORDS; THENCE SOUTH 74° 33' 10" WEST ALONG SAID SOUTHERLY LINE TO AN
ANGLE POINT THEREIN; THENCE SOUTH 0° 36' 25" WEST 225 FEET TO THE MOST .
SOUTHERLY CORNER OF SAID LAND CONVEYED T0 BURGESS, SAID SOUTHERLY
CORNER BEING ALSO IN>THE CENTERLINE OF SAID RIGHT DF WAY; THENCE NORTH
CR\PC2005-010 -1- PC2005-10
(Tracking No. CUP2004-04932)
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81°`43' 25" EAST ALONG SAID GENTERLINE 253 FEET, MORE OR LESS TO THE POINT
OF BEGINNING
: EXCEPTING THEREFROM THE PORTION INCLUDED WITHIN THE RIGHT OF WAY OF
THE ANAHEIM UNION WATER COMPANY. '
SAID LAND IS SHOWN ON A MAP FILED IN BOOK 20 PAGE 29 OF RECORD OF SURVEYS
W THE OFFICE OF THE COUNTY RECORDER DF SAID COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on January 10, 2005, at 2:00 p.m., notice of said public hearing having been duly given as
requiredby law and in accordance with the provisions of the Anaheim Municipal Code; Chapter 18.60
"Procedures" to hear and consider evidence for and against said proposed amendment and to investigate
and make findings and recommendations in connection therewith.
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 all physical aspects of the property and premises remain the same as when this use
permit was originally approved and subsequently amended; and that surrounding land uses in the immediate
vicinity have not changed.
2. That this use permit is being exercised in substantially the same manner and in conformance
with all conditions of approvaL
3. That field inspection by P,Ianning Department staff indicates that the property is in compliance
with all the conditions of approvaL
4. That reinstating this use permit, under the conditions imposed, will not adversely affect
adjoining land uses and the growth and development of the area in which it is located.
5. That amendment of the time limitation is necessary to permit the continued reasonable
operation of this use under the use permit as previously granted.
6. That indicated their presence at the public hearing in opposition to the proposal; that
concerned person spoke; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to reinstate this conditional use permit to retain a substance abuse
recovery center for women and their dependent children at 321 North State College Boulevard; and does
hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit Na
4163 is adequate to serve as the required environmental docurr~entation 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 Planning Commission does hereby
amend, in its entirety, the conditions contained in Resolution No. PC2001-59 to read as follows:
1. This condition was deleted at the public hearing.
2. That no signs shall be permitted for this facility.
3. That a11 existing and proposed landscaping shall be maintained and replaced in the event that it :
becomes diseased or dies.
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4. That the existing playground equipment shall be maintained a minimum of fifteen (15) feet from the
south and west property lines. '
5. That this facilityshall be limited to a maximum occupancy of forty-four (44)patrons and shall comply
with the applicable State ofi California permit requirements.
6. That on-site supervision shall be provided twenty-four (24) hours a day,
7. That existing trash storage areas shall be maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division, and in accordance with approved plans on file with said
Department. The walls of the storage areas shall be maintained with plants such as minimum one (1)
gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery:
8. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering
Standard Detail No. 610 to the satisfaction of the Public Works Department, Streets and Sanitation `
biVision. ,
9. That emergencyvehicularaccess shall be maintained in accordance with Fire Department
, Specifications and Requirements
10. That lockable pedestrian and/or vehicular access gates shall be maintained with "Knox box" devices as
required and approved by the Fire Department.
11. That subject property shall be developed substanfially 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(Revision No. 1 of Exhibit No. 2), 3 and 4, and as conditioned
herein.
12. That Building Na 2 shall be limited to the existing floor plan, consisting of two (2) 2-bedroom units and
two (2) 1-bedroom units.
13. That residents shall not be permitted to drive or store their automobiles while residing on-site.
14. That this approval does not include the dispensing of inedical treatment to the residents. :
15. That this facility shall be specifically limited to a six (6) month stay residential substance abuse ;
treatment program facility for pregnant/parenting adult women and their dependent children.
16. That playground hours shall be limited to 8:00 a.m. to 8:00 p.m. from September 1 to March 31 and
8:00 a.m. to 9:00 p.m. April 1 to August 31.
17. That should this facility cease to operate at this location, all residential structures shall be converted
back to their original condition, including the number of bedrooms existing at the time of approvaL
18. That the subject property shall be developed an 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, Revision No. 1 of Exhibit No. 2, and Exhibits No. 3 and 4,
and as conditioned herein.l9. 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. ,
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 conditions, 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.
-3- PC2005-10
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BE ITfURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure
to pay all charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopfed at the Planning Gommission meeting of January
10, 2005. Said resolution is subject to the appeal provisions sef forth' Chapte 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and m rep by a City ~ il Resolution in
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the event of an appeaL ~'
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CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATT T:
SEC E Y, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
' COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM ) '
I, Pat Chandler, Secretary of the Anaheim Planning Commission, do hereby certify that the '
foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on '
January 10, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: O'CONNELL
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this ~~day of
, 2005.
SECRETARY, ANAHEIM PLANNING COMMISSION