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Resolution-PC 98-22RESOLUTION NO. PC98-22 A RESOLUTIOPJ OF THE ANAHEIM CITY PLANI~iNG COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 94R-243 AND RESOLUTION NO. 97R-1, ADOPTF_D IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3680 WHEREAS, on September 27, 1994, the City Council adopted Resolution No. 94R-243 granting Conditional Use Permit No. 3680 to permit a group home for ab~sed chiidren and their mothers at 100 South Canyon Crest Drive (fhe Eli Home) for a period of one year from the date of occupancy; and WHEREAS, said resolution includes certain conditions of approval, including the following: 5. That the residents (other than the resident manager) shali not use, park or store their cars on subject prope~ty while residing at subject facility. 6. That there shall be no off-site parking allowed at the subject facility. 13. That prior to construction of the proposed block wali, an encroachment permit (for the portion of the wail extending into the Santa Ana Canyon road right-of-way) shali be obtained from the Pubic Works Department. In the event the encroachment permit is denied, the wall shali be constructed at the right-of-way iine. 16. That resident transportation to or from the facil~ty, including admission and discharge from the facility, and all personai needs of the~ residents shall be provided for the residents of subject facility by the staff through the use of staff or volunteer-operated private vehicles or public transportation. Trarisportation needs of residents shall be scheduled so that there shall be no more than four (4) round trips per day to and from ihe facility. 19. That there shall be no visitors permitted to residents other than by counselors, educators and operators of the facility. 20. That there shall be no more than four (4) counseling or education sessions per day that are conducted or attended by individuals that are not on staff of the facility. 21. That all meetings, couriseling or education sessions, deliveries, transportation needs of residents, and siie visits by staff shall be scheduled so that at no point in time shall there be more than six (6) vehicles parked at the subject property. 26. That the subjer,t facility shall operate in strict conformance with all of the provisions of the Letter of Operation date-stamped and received by the Zoning Division on March 30, 1994, which documents are on fiie in the Planning Department. 27. That a plan illustrating the proposed slump block wall (including clinging vines), enhanced landscape treatment along the wall, and irrigation shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendation item. Said wali, landscape and irrigation improvements shall be permanently maintained by the property owner. CR3188PL.DOC -1- PC98-22 WH[REAS, this prope~ty is developed with an approximately 3,600 sq. ft. two-story group home in the RS-HS-22,000 (SC) (Residential, Single-Family Hiliside - Scenic Corridor Overlay) Zone; and Wti~REAS, Lorri Galloway, Executive Director of The Eli Home, Inc., has requested modification or deletion of cerlain conditions of approval relating to the number of vehicle trips, on-site and off-site parking for resident and staff vehicles and guest visitaiions, and modification of the approved site plan to retain an existing wood fence along the north property line adjacent to Sanla Ana Canyon Road (in lieu of the previousiy-approved concrete block wall with stucco finish and a brick cap); and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim or February 18, 1998, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by ilself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the foilowing facts: 1. That modification of this conditional use permit, including the deletion of ceRain conditions, the merging of two conditions (Nos. 13 and 27) into one (No. 27), and the imposition of additionai condiiions thereto, is necessary to permit reasonable operation under the conditional use permit, and is reasonably necessary to protect the public peace, health, safety or ganeral welfare. 2. That one person spoke in favor of the proposal and 4 peopie spoke in opposition; and that correspondence was received in opposition to the subject petition. CA~IFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Comm;ssion has reviewed the proposal and does hereby find that the Negative Declaration previously appraved in connection with Conditional Use Permit No. 3680 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 process and futther findinc~ on the basis of the initial study and any comments received thal there is no substantial evidence that the project will have a significant effect on the errvironment. NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolulion No. 94R-243, adopted in connection with Conditional Use Permit No. 3680, as follows: (i) That Condition Nos. 5, 13, 16 and 19 are deleted in their entirety; and (ii) That Condition Nos. 6, 20, 21, 26 and 27 are amended to read as follows: That there shall be no off-site parking of resident, visitor, staff or volunteer cars permitted on adjacent streets or private properties. 20. That there shall be not more than fifteen (15) round tri~~s a day to and from the facility, except as othenvise set forth in the revised Letter of Operation, date-stamped February 11, 1998, as it relaies to special events. -2- PC98-22 21. That all meetings, counseling or education sessions, deliveries, transportation needs of residents and staff, and other site visits shail be scheduled so that at no point in tim; shall there be more than six (6) vehicles parked at ttie subject property (two (2) in the garage and four (4) on the concrete driveway). 26. That the subject faciliry shali operate in conformance with the provisions of the revised Letter of Operation, date-stamped February 11, 1998, which document is on file in the Planning Department. 27. That prior to the expiration of lhis Conditional Use Permit {April 2, 1998), the applicant shall either: (a) Obtain a building permit and commence construction of the perimeter block wall aiong the right-of-way line, and complete tne construction of said wall (including the installation of clinging vines, enhanced landscaping and inigation as shown on a plan previousiy-approved by the Planning Commission on December 9, 1996) within ninery (90) days from the issuance of said permit; or (b) Submit an application for an encroachment permit to the Public Works Department for review and approval for that portion of the perimeter wall proposed to be extended into the Santa Ana Canyon Road right-of-way. If the encroachment permit is granted, applicant shall submit a revised site plan illustrating the location of the proposed block wall (including ciinging vines, enhanced landscaping and irrigation) to the Planning Department for raview and approval, and obtain a building permit and complete the construction of said block wall, landscaping and irrigation within six (6) monihs from the decision date on the encroachment permit. If the encroachment permit is denied, applicant shall obtain a building permit and complete the construction of said biock wall, Iandscaping and irrigation at the right-of-way line within six (6) mor~ths from the decision date of the encroachment permit. Under either alternative, the wall and landscape treatments shall be consistent with the treatments previously approved by the Planning Commission on December 9, 1996, and shall be permanently maintained by the property owner. BE IT FURTHER RESOLVED that approval of this application constitutes approval of tfie proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal regulations. Approval does not include any action or findings as to compliance or approvai of the request regarding any other applicable ord(nance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commissior meeting of February 18, 1998. ~~ r~ .i i..L- . r! CHAIRPERSON, ANAHEIM CITY PLANNI G COMMISSION ATTEST: QA ~oe6lfLGd~ SECRET RY, AHEIA4 CITY PLANNING COMMISSION -3- PC98-22 STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 18, 1998, by the following vo4e of the members thereof: AYES: COMMISSIQNFRS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT _~~~~ IN WITNESS WHERtOF~ I have hereunto set my hand this ~~ day of , 1998. ~~~ SECRETARY, A HEIM CITY PLANNING COMMISSION -4- PC98-22