Resolution-PC 2009-002RESOLUTION N0.2009-002
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DENYING CONDITIONAL USE PERMIT NO. 2008-05374
(17b1 SOUTH GARDENAIRE LANE)
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permiC to allow a Group Care Facility [as defined in Sections
18.36.040.070 ("G" Use Classes) and 18.92.210 ("R" Words, Terms and Phrases) of the
Anaheim Municipal Code] for up to eleven adult residents recovering from alcohol or chemical
dependency on that certain real property situated in the City of Anaheim, County of Orange, State
of California, at 1761 South Gardenaire Lane, as more particularly shown in Exhibit "A"
attached hereto and incorporated herein by this reference; and
WHEREAS, the applicant has requested to permit said Group Care Facility
pursuant to Section 18.04.030 of the Anaheim Municipal Code with a variance from the
following provisions of the Anaheim Municipal Code:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(9 spaces required; 4 spaces proposed)
WHEREAS, the property proposed for the Group Care Facility is developed with
a single-family residence located in the RS-2 (Single-Family Residential) Zane, and the Anaheim
General Plan designates said property for Low Density Residential land uses; and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at
the Civic Center in the City of Anaheim on January 5, 2009, 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
Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against
said conditional use permit with a parking variance and to investigate and make findings in
connection therewith; and
WHEREAS, said Commission does find, after due inspection, investigation and
study made by itself and in its behalf .and after careful consideration of all evidence and reports
offered at said hearing, that al] of the conditions and criteria set forth in Section 18.66.060 of the
Anaheim Municipal Code required for the approval of said conditional use permit are not present
for the following reasons:
1. That the proposed use (a Group Care Facility for up to eleven adult residents
recovering from chemical dependency) is properly one for which a conditional use permit is
authorized by the Anaheim Municipal Code based upon the following facts:
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(a) The applicant desires to establish a Group Caze Facility, licensed by the State
of California Department of Alcohol and Drug Programs, for the housing and treatment of up to
eleven adult persons recovering from alcohol or chemical dependency.
(b) The use, as proposed, would constitute a Group Care Facility within the
meaning of Sections 18.36.040.070 ("G"Use Classes) and 18.92.21.0 ("R" Words, Terms and
Phrases) of the Anaheim Municipal Code for which a conditional use permit is properly
authorized and required pursuant to Section 18:04.030 (Table 4-A) of the Anaheim Municipal
Code..
2. That the applicant failed to demonstrate at the public hearing that the proposed use
will not adversely affect the adjoining land uses or the growth and development of the area in
which it is proposed to be located based upon substantial evidence submitted by the numerous
residents in the immediate area as follows:
(a) The single-family residence is currently used as a "Sober Living Home," in
which residents are persons recovering from alcohol and drug dependencies who need to
maintain a sober living environment;
(b) Residents or visitors repeatedly depositing refuse and debris on properties
located next to or near the existing Sober Living Home;
(c) A resident or visitor was observed sleeping in a car in front of the existing
Sober Living Home;
(d) Vehicles parked in front of the sober living home by residents or visitors in a
manner so as to block driveway access to adjoining properties;
(e) Visitors to the facility mistakenly going to adjoining properties looking for
the existing Sober Living Home;
(t) Residents or visitors yelling and shouting late at night or during early
morning hours at a level that disturbs neighbors;
(g) Residents or visitors engaging in aggressive confrontations with each other or
neighbors;
(h) Residents or visitors frequently loitering in front of the property smoking
cigarettes.
NOW, THEREFORE, BE 1T RESOLVED that the Anaheim City Planning
Commission for the reasons hereinabove stated does hereby deny Conditional Use Permit No.
2008-05374 to permit said Group Care Facility pursuant to Section 18.04.030 of the Anaheim
Municipal Code with fewer parking spaces than required by Code.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of January 5, 2009. Said resolution is subject to the appeal provisions set forth in
Chapter 1.8.60 "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.
~,~~ ~ ~
CHAIRMA , AN HEIM PLAN ING COMMISSION
ATTEST:
SENIOR SECRET~(RY
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
PLANNING COMMISSION
I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do
hereby certify that the Resolution to approve Conditional Use Permit No. 2008-05374 was duly
rejected at a meeting of the Anaheim Planning Commission held on January 5, 2009, by the
following vote of the members thereof:
AYES: COMMISSIONERS: EASTMAN, FAESSEL
NOES: COMMISSIONERS: KARAICI, AGARWAL, RAMIREZ, ROMERO
ABSENT: COMMISSIONER: BUFFA
rn
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
January, 2009.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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EXI-IIBIT "A"
CONDITIONAL USE PERMIT N0.2008-05374
" `° 1°0,g~ Source Recortletl Tract Maps antl/or City GIS.
;,,~ V-~ Please note the accu2cy is +/-two to five feet.
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® KATELLA AVE
CitOfAnaheim Boundary Line
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