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Resolution-PC 2001-59~ ~ RESOLUTION NO. PC2001-59 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4163 FOR THREE (3) YEARS TO EXPIRE MAY 7, 2004 WHEREAS, on December 6, 1999, Planning Commission adopted Resolution No. PC99- 213 to approve Conditional Use Permit No. 4163 and permit a substance abuse recovery center for women and their dependent children at 321 North State College Boulevard; and that Condition No. 18 specifies that this conditional use permit shall expire one year from the date of this resolution on December 6, 2000; and WHEREAS, this property is developed with two multiple-family apartment buildings (totaling 10 units) and a single-family residence that are utilized as a substance abuse recovery center for women and their dependent children; that the property is zoned RS-A-43,000 (Residential/Agricultural); and that the Anaheim General Plan Land Use Element designates this property for General Commercial and Low Density Residential land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit, which expired on December 6, 2000, to retain the substance abuse recovery center for women and their dependent children; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in th~ E[ty af Anah~im on-May 7, 2001, at 1,3~ p,m., noti~e of said-public-hearing having been duly give~ ~s- 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. 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 all physical aspects of the property and premises remain the same as when this use permit was originally approved and subsequently amended; and that surrounding land uses in the immediate vicinity have not changed. 2. That this use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved, as required by Section 18.03.093.040 of the Zoning Code. 3. That field inspection by Code Enforcement staff indicates that the property is in compliance with all the conditions of approval. 4. That reinstating this use permit, under the conditions imposed, will not adversely affect adjoining land uses and the growth and development of the area in which it is located. 5. That amendment of the time limitation is necessary to permit the continued ireasonable operation of this use under the use permit as previously granted. 6. That no one indicated their presence at the public hearing in opposition to the proposal; that one concerned person spoke; and that no correspondence was received in opposition. Tracking No. CUP2001-04348 CR5083PK.DOC -1- PC2001-59 • ~ CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reinstate this conditional use permit to retain a substance abuse recovery center for women and their dependent children at 321 North State Cotlege Boulevard; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4163 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 further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate Conditional Use Permit No. 4463 for three (3) years to expire on May 7, 2004, to retain a substance abuse recovery center for women and their dependent children; AND BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC99-213, adopted in connection with Conditional Use Permit No. 4163, to read as follows: That this use permit shall expire three (3) years from the date of this resolution, on May 7, 2004. 2. That no signs shall be permitted for this facility. 3. That all existing and proposed landscaping shall be maintained and replaced in the event that it - -- - - ----- -- _- became~diseased oG_d[es_-- 4. That the existing playground equipment shall be maintained a minimum of fifteen (15) feet from the south and west property lines. 5. That this facility shall be limited to a maximum occupancy of forty four (44) patrons and shall comply with the applicable State of California permit requirements. 6. That on-site supervision shall be provided twenty four (24) hours a day. 7. That existing trash storage area(s) shall be maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. The walls of the storage areas shall be maintained with plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 8. That an on-site trash truck turn-around area shall be maintained in accordance with Engineering Standard Detail No. 610 to the satisfaction of the Streets and Sanitation Division. 9. That emergency vehicular access shall be maintained in accordance with Fire Department Specifications and Requirements. 10. That lockable pedestrian and/or vehicular access gates shall be maintained with "Knox box" devices as required and approved by the Fire Department. 11. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, Revision No. 1 of Exhibit No. 2, and Exhibit Nos. 3 and 4, and as conditioned herein. 12. That Building No. 2 shall be limited to the existing floor plan, consisting of finro (2) 2-bedroom units and two (2) 1-bedroom units. -2- PC2001-59 •' ~ 13. That residents shall not be permitted to drive or store their automobiles while residing on-site. 14. That this approval does not include the dispensing of inedical treatment to the residents. 15. That this facility shall be specifically limited to a six (6) month stay residential substance abuse treatment program facility for pregnant/parenting adult women and their dependent children. 16. That playground hours shall be limited to the following: September 1 to March 31: 8:00 a.m. to 8:00 p.m. April 1 to August 31: 8:00 a.m. to 9:00 p.m. 17. That should this facility cease to operate at this location, all residential structures shall be converted back to their original condition, including the number of bedrooms existing at the time of approval. 18. That approval of this application constitutes approval of the 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. May 7, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of CHAIRPERSORtI, ANAHEIM CITY PLANNING COMMISSION ATTEST: `/ SECRETARY, ANAHEI CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 May 7, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, VANDERBILT NOES: COMMISSIONERS: KOOS ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~- l f' day of ~ , 2001. ~~%~-~a~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001-59