Resolution-PC 2007-59~ ~
RESOLUTION NO. PC2007-59
A RESOLUTION OF THE ANAHEIM FLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2007-05210 BE GRANTED
(1320 WEST PEARL STREET) '
WHEREAS, #he 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 '
LOT 3 OF TRACT NO. 10669, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 459 PAGES 46 AND
47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY
WNEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 30, 2007, at 2:30p.m., notice of said public hearing having been duly given as
required by 1aw 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;
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 proposed use to establish a drug and alcohol rehabilitation facility for up to 24
residents is properly one for which a conditional use permit is permitted under authority of Code Section No.
18.06.030.0040.0402 (Group Care Facilities) with waiver of the following provision:
SECTION NO. 18.42.040.010 Minimum number of parkina spaces.
19 required; 8 proposed)
2. That the above-mentioned waiver, under the conditions imposed, will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable
operation of such use because the residents are not permitted to drive and there are a maximum of three
staff members.
3. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking
demand letter provided by the applicant. Since the residents do not drive, all of the parking demand will be
provided on-site and will not increase the demand for parking on the public streets.
4. That the waiver will not increase the demand and competition for parking spaces upon
adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within
the property boundaries.
5. That the waiver will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed uses as ingress and egress to the site would be provided via one driveway along
Pearl Street.
6. That the proposed residential care facility, as conditioned herein, would not adversely affect
the adjoining land uses and the growth and development of the area in which it is proposed to be located
because the services provided are for the residents only and should operate seamlessly within the residentiai
living environment.
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7. That the size and shape of the site for the residentiaf care faci(ity is adequate to aliow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety.
8: That granting of the conditional use permit underthe conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is
compatible with the surrounding area.
9. That a person representing the Anaheim Union High School District spoke with concerns
regarding the request; and that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Director has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15303; Clsss 3(New Construction or Conversion of SmaII Structures) as defined in the State CEQA
Guidelines, and is therefore, exempt from the requirement toprepare additional environmental
documentation.
NOW, THEREFORE, BE IT RESOLVED#hat 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
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a buildinq permit or within a period of one (1) vear from the date of this
resolution whichever occurs first the followina conditions shall be complied with:
1. That the applicant shall provide to the Planning Department a copy of the license, with any attached
conditions, issued by the State of California Department of Alcohol and Drug Programs, authorizing the
proposed use as a residential recovery facility.
Prior to final buildinq and zoninq inspections the followinp conditions shall be complied with:
2. 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 and 2, and as conditioned herein.
General Conditions:
3. That prior to the operation of this business, a valid business license shall be obtained from the City of
Anaheim, Business License Division of the Planning Department.
4. That all recovery services, including counseling, shall be for the residents at this address (1320 West
Pearl Street) only.
5. That the applicant shall provide a twenty four (24) hour per day on-site manager who will be
responsible for responding to any neighborhood concerns regarding the operations of the facility. The
name and telephone number of the on-site manager shall be kept on file with the Code Enforcement
Division and Planning Services Division of the Planning Department.
6. That no signs sha!! be visible off-site identifying this use as a residential care facility.
7. That no required parking area shall be fenced for storage uses. Moreover, no garage parking spaces shall
be converted to, or otherwise used for, habitable dwelling unit purposes.
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8. That all trash generated from the facility shall be properly contained in trash bins located within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.
9. 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.'
10. 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.
11. That this residential care facility shall be limited to twenty four (24) residents recovering from alcohol
and/or chemicaf dependency, screened for successful integration into a residential setting and as
stipulated by the applicant, no visitors shall be permitted nor shall residents be permitted to drive or
maintain a personal vehicle on the premises. The facility shall be non-medical and shall be permitted to
provide both group and individual counseling from 8 a.m. to 5 p.m., Monday through Friday witli a
maximum of three (3) employees/counselors.
12. That the operation of the subject facility shall be consistent with the Letter of Operation on file with the
Planning Department dated April 13, 2007.
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.
14. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code.
15. 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 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 the applicant is responsible for 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 of this application.
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THEFOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 11,2007. Said resolution is subject to the appeal provisions set forth in Chapter 18:60, "Zoning
Provisions = General" of the Anaheim Municipal Code pertaining to app rocedures ay be replaced
by a City Council Resolution in the event of an appeaL °
C MAN, ANAH IM PL NNING COMMISSION
ATTEST:
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNfA )
COUNTY OF ORANGE ) ss. '
CITY OFANAHEIM )
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 June 11, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
!N WITNESS WHEREOF, I have hereunto set my hand this ~ day of
~ , 2007.
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SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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