1985-482RESOLUTION NO. 85R-482
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2709.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit
with a waiver of certain provisions of the Anaheim Municipal Code
from MARTIN LUTHER HOSPITAL, INC., 1830 West Romneya Drive,
Anaheim, for social rehabilitation center for chemical dependency
upon certain real property located within the City of Anaheim,
County of Orange, State of California, legally described as:
LOT 25 OF TRACT 3812, AS PER MAP RECORDED IN BOOK 146,
PAGES 1 THRU 3 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, the City Planning Commission did hold a public
hearing upon said application at the City Hall in the City of
Anaheim, notices of which public hearing were duly given as
required by law and the provisions of Title 18, Chapter 18.03 of
the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection,
investigation and studies made by itself and in its behalf and
after due consideration of all evidence and reports offered at
said hearing, did adopt its Resolution No. PC85-206 denying
Conditional Use Permit No. 2709; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion,
caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public
hearing, the City Council did duly hold and conduct such hearing
and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consi-
deration of the recommendations of the City Planning Commission
and all evidence and reports offered at said hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoin-
ing land uses and the growth and development of the area in which
it is proposed to be located.
3. 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.
4. 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.
5. The granting of the conditional use permit under the
conditions imposed will not be detrimental to the peace, health,
safety and general welfare of the citizens of the City of Anaheim.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the City Planning
Commission and all evidence and reports offered at said public
hearing before the City Council regarding said requested
waiver(s), that all of the conditions set forth in Section
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. TYie variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission denying said conditional
use permit be, and the same is hereby, reversed and that
Conditional Use Permit No. 2709 be, and the same is hereby,
granted permitting a social rehabilitation center for chemical
dependency in an RM-1200 zone on the hereinabove described real
property with a waiver of the following provisions of the Anaheim
Municipal Code:
SECTIONS 18.06.080 Required location of parking
18.06.010.010 spaces
AND 18.34.066.010
subject to the following conditions:
--~ 1. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Neighbors Avenue in an
amount as determined by the City Council.
2. That subject use permit shall terminate if the required
number of parking spaces is not provided and available within the
Martin Luther King Hospital to the north. Said spaces and
pedestrian access are required to be satisfactory to the City
Traffic Engineer.
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3. That the design and location of parking spaces provided
on the Martin Luther King Hospital site, and the design for
pedestrian access between the hospital and subject facility, shall
be to the satisfaction of the City Traffic Engineer.
~_ 4. That due to the change in use and/or occupancy of the
building, 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 subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 3.
6. That prior to the commencement of the activity
authorized under this resolution, or prior to issuance of a
building permit, or within a period of one year from the date of
this resolution, whichever occurs first, Condition Nos. 1, 3, and
4, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in
accordance with Section 18.03.090 of the Anaheim Municipal Code.
7. That prior to final building and zoning inspections,
Condition No. 5, above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the City Council 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 conditions, 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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 12th day of November,
1985.
MAYOR F THE CITY OF ANAHEIM
ATTEST:
.~~. ~ .
°~'1uc•CITY CLERK OF THE CIT OF ANAHEIM
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120585
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 85R-482 was introduced and adopted at a regular -~,
meeting provided by law, of the City Council of the City of Anaheim held on
the 12th day of November, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Bay
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-482 on the 12th day of November, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 12th day of November, 1985.
~~
"RK •CITY CLERK OF THE Y OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-482 duly passed and
adopted by the Anaheim City Council on November 12, 1985.
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CITY CL