Resolution-PC 2005-36~ ~
RESOLUTION NO. PC2005-36
ARESOLUTION DF THE ANAHEIM PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2001-92 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMITNO. 2001-04382
(405 SOUTH ROSE STREET)
WHEREAS, on July2, 2001, the Anaheim Planning Commission did, by Resolution Na
PC2001-92, grant Conditional UsePermit No. 2001-04382 to permit a transitional living facility in an existing
apartment building for recovering substance abuse women and their dependent children; and that Condition
Na 1 specified that the conditional use permif shall expire three years from the date of this resolution on
July 2, 2004; and
WHEREAS, Resolution No. PC2001-92, 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
July 2, 2004."
` WHEREAS, #he applicant has requested reinstatement of this conditional use permit; which
expired on July 2, 2004, to'retain a transitional living #acility in an existing apartment building for women
recovering from substance abuse and their dependenf children;
WHEREAS, this property is developed with a 9-unit apartment complex that is utilized as a-
transitional living facility for a total of 54 women recovering from substance abuse and dependent children.
The property is zoned RM-4 (Residential, Multiple-Family) and the Anaheim General Plan Land Use Element
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:
LOT THIRTEEN (13) AND THE NORTH HALF (N1/2) OF LOT FOURTEEN (14) IN BLOCK E OF THE
LORELEI TRACT IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 29, PAGE 24 OF MAPS RECORD OF LOS ANGELES COUNTY,
CALIFORNIA
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on March 7, 2005, at 2:00 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 "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 Planning Department staff indicates that the property is in compliance
with all the conditions of approvaL
4. That reinstating this use permit and removing the time limit, under the conditions imposed, will
not adversely affect adjoining land uses and the growth and development of the area in which it is located.
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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 no one indicated their presence at the public hearing in opposition to the proposal; that no
correspondence was received in opposition.
CALIFORNIA ENUIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to'reinstate this conditional use permif to retain a transitional living
facility for substance abuse women and their dependent children at 405 South Rose Street; and does hereby
find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2001-
04382 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 proce&s 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 entirefy, the conditions contained in Resolution No. PC2001-92 to read as follows: -
1. That no signs identifying this property as a transitionalliving facility shall be permitted.
2. That all existing and proposed landscaping shall be maintained and replaced in the event that it becomes
diseased or dies.
3. That this facility shall be limited to a one (1) year stay women's transitionalliving facility with a
maximum occupancy of 54 residents, consisting of only adult women and their dependent children; and
that all services provided`at this facility shall be for the residents of this address (405 South Rose Street)
only:
4. That the approval for the parking is contingent upon operation of this use in conformance with the
assumptions and/or conclusions7elating to the operation and intensity of use as contained in the parking
analysis and the letter of operation which formed the basis for the determination by Traffic and '
Transportation that the existing on-site parking is adequate. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions and/or conclusions, shall be deemed a violation of the
expressed conditions imposed upon this conditional use permit which shall be subject to termination or
modification pursuant to the provision of Sections 18.60 of the Anaheim Municipal Code. ;
5. 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 plant materials such as minimum 1-
gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery.
6. That an on-site trash truck turn-around area shall be maintained per Engineering Standard Detail
No. 610 to the satisfaction of the Public Works Department, Streets and Sanitation Division.
7. That the number of residents, counselors and visitors shall at no time exceed the number of on-site
parking spaces which are open and accessible.
8. That the name and phone number of the on-site manager shall be submitted to and kept on file by the
Code Enforcement Division.
9. 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 Nos. 1 and 2 and as conditioned herein.
10. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
materiaL The numbers shall not be visible from the view of the street or adjacent properties.
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11. That adequate lighting of the parking lot and associated carports, driveways, circulation areas, aisles,
` passageways, recesses and grounds contiguous to buildings shall be provided and maintained with
lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any
person on or about the premises during the hours of darkness and provide a safe, secure environment
for all persons, property and vehicles on site.
12. That this approval does not include the dispensing of inedical #reatment #o the residents.
13. That should this facility cease to operate at this location, the office shall be converted back to its original
use.
14. That this approval is contingent upon operations of#his use in conformance with the petitioner's letter of -
operation and the information contained in the July 2, 2001 Staff Report to the Planning Commission.
15. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim MunicipalZoning 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 applicant's compliance with each and .
all of the conditions hereinabove set forth. Should any such conditions, or any parE thereof, be declared `
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and anyapprovals herein contained, shall be deemed'null and void.
BE IT FURTHER 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. Failureto
pay all charges shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 7,
2005. 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
.
RMA , AN HEIM PLANNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF 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 Planning Commission
held on March 7, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: ONE VACANCY ,
IN WITNESS WHEREOF, I have hereunto set my hand this `- n~day of
, 2005.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION'
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