Resolution-PC 2001-92•
RESOLUTION NO. PC2001-92
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04382 BE GRANTED, IN PART,
FOR A PERIOD OF THREE (3) YEARS TO EXPIRE ON JULY 2, 2004
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
LOT THIRTEEN (13) AND THE NORTH HALF (N1/2) OF LOT FOURTEEN (14)
IN BLOCK E OF THE LORELEI TRACT IN THE CITY OF ANAH~IM, COUN°fY
OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK
29, PAGE 24 OF MAPS RECORD OF LOS ANGELES COUNTY, CALIFORNIA.
WHEREAS, the City Pfanning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 2, 2001 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 finct and cfetermine the followir~g #acts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anahsim l~llunicipal Code Se~#ion 18.03.030.010 to permit a transitional living facility within an existing
apartment complex for recovering substance abuse mothers and their dependent children with waiver of
the following:
Sections 18.06.050 - Minimum number of qarkinq spaces.
18.06.080
18.34.066.010
2. That although this is use is not specifically listed in the Zoning Code as a conditionally
permitted use, the code provides for consideration of the proposal as an unlisted use, subject to approval
of a conditional use permit.
3. That the waiver, minimum number of required parking spaces, is hereby denied on the
basis that it was deleted following public notification when it was determined that the City Traffic and
Transportation Manager is authorized to determine the parking demand for this use.
4. That the proposed use will not adversely affect the adjoining land uses and the growth
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residential use (i.e., an apartment complex which includes accessory counseling to residents only) with
minimal physical changes to the existing apartment buildings.
5. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare because the underlying site is adequate for the residential and counseling
needs of the women and children without being detrimental to the particular area and because the use
will function primarily as transitional housing.
6. 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 because most of the
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transportation will be via a vanpool and/or public transportation; and that the Traffic and Transportation
Manager has determined that based upon the operational characteristics of this facility, the number of
parking spaces existing at this property is adequate to meet the peak demand.
7. That granting of this 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.
8. That seven people spoke in favor of the project at the public hearing.
9. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDiNG: That the Anaheim City
Planning Commission has reviewed the proposal to permit a transitional living facility within an existing
apartment complex for recovering substance abuse mothers and their dependent children, with waiver of
minimum number of required parking spaces, on a rectangularly-shaped 0.27-acre property having a
frontage of 75 feet on the west side of Rose Street and a maximum depth of 155 feet, being located 310
feet north of the centerline of Santa Ana Street, and further described as 405 South Rose Street; and
does hereby approve the Negative Declaration upon finding that the declaration reflects the independent
judgment of the lead agency and that it has considered the 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 RESOLV€D that ~he Anaheim ~ity-Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve #he safety and g~neral vvelfare of the Citizens of the City of Anaheim:
That this conditional use permit shall expire three (3) years from the date of this resolution, on July 2,
2004.
2. (a) That no signs identifying this property as a transitional home facility shall be permitted; and
(b) That the existing wooden sign frame shall be removed.
That the proposal shall comply with all signing requirements of the RM-1200 (Multiple-Family
Residential) Zone for multiple family residential land uses unless a variance allowing sign waivers is
approved by the Planning Commission or City Council.
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4. That all existing and proposed landscaping shall be maintained and replaced in the event that it
becomes diseased or dies.
5. (a) That this facility shall be limited to a one (1) year stay women's transitional living facility with a
maximum occupancy of fifty four (54) residents, consisting of only adult women and their
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(b) That all services provided at this facility shall be for the residents of this address (405 South
Rose Street) only.
6. That approval of the number of parking spaces is contingent upon operation of this use in
conformance with the assumptions and/or conclusions relating to the operation and intensity of use
as contained in the parking analysis and the letter of operation which formed the basis for the City
Tra~c and Transportation's Section determination that the existing on-site parking is adequate.
Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or
conclusions, shall be deemed a violation of the expressed conditions imposed upon this conditional
use permit which shall be subject to termination or modification pursuant to the provisions of
Sections 18.03.091 and 18.03.092 of the Anaheim Municipal Code.
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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 area(s) shall be screened and maintained with plant materials
such as minimum one (1) gallon sized clinging vines planted on maximum thee (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 and to the satisfaction of the Streets and Sanitation Division.
That the number of residents, counselors and visitors shall at no time exceed the number of on-site
parking spaces which are open and accessible.
10. That the name and telephone number of the on-site manager shall be submitted to, and kept on file
by, the City of Anaheim Code Enforcement Division.
11. That subject property shall be developed and maintained 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 Nos. 1 and 2 and as conditioned herein.
12. That three (3) foot high street address numbers shall be displayed on the roof of the building in a
contrasting color to the roof material. The numbers shall not be visible to the street or adjacent
properties.
43. Tha~ adeqt~ate-Iigh~ing o~ paFking lats and associated carports,_shipping and receiving areas,
driveways, circulation areas, aisles, passageways, recesses and grounds contiguous to buildings
shall be provided and maintained, and shall consist of lighting of sufficient wattage to provide
adequate illumination to make clearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for all persons, property and
vehicles on site.
14. That approval of this conditional use permit does not include the dispensing of inedical treatment to
the residents.
15. That should this facility cease to operate at this location, the office shall be converted back to its
original use.
16. That this approval is contingent upon operation of this use in conformance with the petitioner's letter
of operation and the information contained in the July 2, 2001 Staff Report to the Planning
Commission.
17. That within a period of two (2) months from the date of this resolution, Condition Nos. 7 and 12,
above-mentioned, shall be complied with. All other conditions shall be complied with on an on-going
basis. Extensions for further time to complete said conditions may be granted in accordance with
cc~t~~n 1 R,(1'~,f1gQ nf thp Anah~im M~nicioal CodB.
18. That approvaf of this application constitutes approval of the proposed request only to the e~ent 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.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance
with each and all of the conditions hereinabove set forth. Should any such condition, 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.
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July 2, 2001.
CHAIRPERSON, AN~HF((V~~CITY PL34NNING COMMISSION
ATTEST:
~~Q~ ~D~~
SECRETARY, ANAHEIM CITY PLANNING C~MMISSiON
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 July 2, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
, 2001.
~,~~,.~ a~Go
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
~
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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