PC 80-42RESOLUTION NO. PC80 -42
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2061 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified
Petition for Conditional Use Permit from SYLVIA HAMMOND, 4081 San Rafael Avenue, Los
Angeles, California 90065, owner, and FRANK BLACK, 714 North Anaheim Boulevard,
Anaheim, California 92805, agent, of certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
Lot 12 of Block "A" of Tract No. 158, Elk Park Tract, in the City
of Anaheim, as per map recorded in Block 12, Page 8 of
Miscellaneous Maps, in the Office of the County Recorder of said
County. EXCEPT THEREFROM the Westerly 5.25 feet of said Lot 12.
WHEREAS, the City Planning Commission did hold a public hearing at the City
Hall in the City of Anaheim on February 25, 1980, at 1:30 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 18.03, to hear and consider
evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
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 is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Sections 18.45.050.140 and
18.45.050.170 to permit an alcoholic and drug rehabilitation center with waivers of:
(a) SECTION 18.06.060.0266
and 18.45.066.050 - Minimum number and type of parking spaces.
(4 parking spaces required;
1 parking space proposed)
(b) SECTION 18.45.035.030 - Permitted location of parking spaces.
(Parking required at rear of residential structure;
parking at front of structure proposed)
2. That the proposed use is hereby granted for a period of three (3)
years, subject to review for possible extensions of time upon written request from
the petitioner.
3. That the requested waivers are hereby granted subject to the
petitioner's stipulations to relocating the trash enclosure, subject to approval of
the Sanitation Division; and to providing three (3) on -site substandard (minimum 8-
foot wide) parking spaces for staff; and on the basis that the residents at this
facility are not permitted to have a private automobile on -site, therefore on -site
resident parking is not needed and also, that the petitioner stipulated at the public
PC80 -42
hearing that those residents who may be permitted to have a private vehicle will be
relocated to another facility at a different location.
4. That the proposed use is hereby granted subject to the petitioner's
stipulation to provide landscaping on the west property line along Anaheim Boulevard.
5. That the petitioner stipulated at the public hearing to submitting to
the Planning Department a written copy of the center's rules for inclusion in the
petition file.
6. That the proposed use will not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located.
7. That the size and shape of the site proposed for the use is adequate to
allow the full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general welfare of the Citizens
of the City of Anaheim.
8. That the granting of the Conditional Use Permit under the conditions
imposed, if any, will not be detrimental to the peace, health, safety and general
welfare of the Citizens of the City of Anaheim.
9. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area.
10. That one person indicated his presence at said public hearing in
opposition; and fourteen (14) persons indicated their presence at said public hearing
in favor; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning Commission has
reviewed the proposal to permit an alcoholic and drug rehabilitation center with
waivers of minimum number and type of parking spaces and permitted location of
parking spaces on a rectangularly- shaped parcel of land consisting of approximately
7782 square feet, having a frontage of approximately 52 feet on the east side of
Anaheim Boulevard, having a maximum depth of approximately 150 feet and being located
approximately 180 feet north of the centerline of Wilhelmenia Street; and does hereby
approve the Negative Declaration from the requirement to prepare an environmental
impact report on the basis that there would be no significant individual or
cumulative adverse environmental impact due to the approval of this Negative
Declaration since the Anaheim General Plan designates the subject property for
general commercial land uses commensurate with the proposal; that no sensitive
environmental impacts are involved in the proposal; that the Initial Study submitted
by the petitioner indicates no significant individual or cumulative adverse
environmental impacts; and that the Negative Declaration substantiating the foregoing
findings is on file in the City of Anaheim Planning Department.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby found to he a necessary prerequisite to the proposed use
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of the subject property in order to preserve the safety and general welfare of the
Citizens of the City of Anaheim:
1. That the owner(s) of subject property shall deed to the City of Anaheim
a strip of land 47 feet in width from the centerline of the street along Anaheim
Boulevard for street widening purposes.
2. That trash storage areas shall be provided in accordance with approved
plans on file with the Office of the Executive Director of Public Works.
3. That the existing structure shall be brought up to the minimum
standards of the City of Anaheim, including the Uniform Building, Plumbing,
Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim.
4. Plans shall be submitted to the Building Division showing compliance
with the minimum standards of the City of Anaheim, including the Uniform Building,
Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of
Anaheim. The appropriate permits shall be obtained for any necessary work.
5. That the owner(s) of subject property shall submit a letter requesting
the termination of Variance No. 1949 -16 to the Planning Department.
6. That the proposed rehabilitation facility shall comply with all signing
requirements of the CG (Commercial, General) zoning.
7. That the petitioner shall submit to the Planning Department a written
copy of the rehabilitation center's rules for inclusion in the petition file.
8. That the use shall be permitted for a period of three (3) years,
subject to review for possible extensions of time upon written request by the
petitioner.
9. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim marked Exhibit Ilo. 1;
provided, however, that three (3) on -site parking spaces shall be provided and that
such spaces may have minimum widths of eight (8) feet; and also that landscaping
shall be installed in the building setback area along Anaheim Boulevard.
10. That Condition Nos. 1, 4, 5 and 7, above- mentioned, shall be complied
with prior to the commencement of the activity authorized under this resolution, or
prior to the time that the building permit is issued, or within a period of ninety
(90) days from date hereof, whichever occurs first, or such further time as the
Planning Commission may grant.
11. That Condition Nos, 2, 3, and 9, above - mentioned, shall be complied
with prior to final building and zoning inspections;
BE IT FURTHER RESOLVED that the Anaheim City 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
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by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is signed and approved by me this 25th day of
February, 1980.
ATTEST:
X.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
CHAIRWOMAN, ANAHEIM CITY PLANNING COMMISSION
I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of
the Anaheim City Planning Commission held on February 25, 1980, by the following vote
of the members thereof:
AYES: COMMISSIONERS: BARNES, BUSHORE, DAVID, FRY, HERBST, KING, TOLAR
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
1980.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of February,
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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