Resolution-PC 2008-34•
RESOLUTION NO. PC2008-34
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3 (NEW
CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND APPROVING
CONDITIONAL USE PERMIT NO. 2008-05294
(1340 WEST PEARL STREET)
WHEREAS, the 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, shown on Exhibit A, attached hereto and incorporated herein by this
reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on March 3, 2008, at 2:30 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 18.60, 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 residential care 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 parking spaces.
(19 required; 9 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.
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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 residential living environment.
7. That the size and shape of the site for the residential care facility is adequate to
allow 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 under the 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 no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures) as
defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare
additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby approve 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:
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Responsible
COA Conditions of Approval for
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TIMING: PRIOR TO ISSUANCE OF A BUILDING PERMIT OR WITHINA PERIOD OF
ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST
COAL The applicant shall provide to the Planning Department a copy of Planning
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.
TIMING: PRIOR TO FINAL B UILDING AND ZONING INSPECTIONS
COA2 The subject property shall be developed substantially in Planning
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 through 3, and as
conditioned herein.
COA3 A valid business license shall be obtained from the City of Planning
Anaheim, Business License Division of the Planning Department.
GENERAL CONDITIONS
COA4 That no signs shall be visible off-site identifying this use as a Planning
residential care facility.
COAS All recovery services, including counseling, shall be for the Planning
residents at this address (1340 West Pearl Street) only.
COA6 That the applicant shall provide a twenty four (24) hour per day Planning
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.
COAT That all trash generated from the facility shall be properly Planning
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.
COA8 Complete aBurglary/Robbery Alarm Permit application, Form Police
APD 516, and return it to the Police Department prior to initial
alarm activation.
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Responsible
COA Conditions of Approval for
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COA9 That this residential care facility shall be limited to twenty four (24) Planning
residents recovering from alcohol and/or chemical dependency,
screened for successful integration into a residential setting and as
stipulated by the applicant, no visitors other than those providing
professional services associated with the treatment program 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 with a
maximum of three (3) employees/counselors.
COA10 That timing for compliance with conditions of approval maybe Planning
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.
COAL l That extensions for further time to complete conditions of Planning
approval maybe granted in accordance with Section 18.60.170 of
the Anaheim Municipal Code.
COA12 That approval of this application constitutes approval of the Planning
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
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 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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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of March 3, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal
procedures and maybe replaced by a City Council Resolution in the event of an appeal.
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CHAI~ZMAN, ANAHEIM PL-ANNING COMMISSION
ATTEST:
R SECRETARY, ~AHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, 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 8, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
KARAKI, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this 17`h day of
March, 2008.
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ECRETARY, ANAHEIM PLANNING COMMISSION
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