Resolution-PC 2004-51• !
RESOLUTION NO. PC2004-51
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04837 BE GRANTED
(1310 WEST PEARL STREET)
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 2 OF TRACT 10669 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 459, PAGES 46 AND 47 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF 'THE COUNTY RECORDER OF SAID
ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the CiviC Center in .
the City of Anaheim on April 5, 2004; 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 that said public hearing was continued to
the May 17; 2004 Planning Commission meeting; 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 Section 18.04.160.030 to permit a residential group care facility for up to twenty-
four (24) residents recovering from chemical dependency.
2. That a residential or group care facility with 7 or more residents is a conditionally permitted
use in the RM-1200 Zone.
3. That the proposed residential care facility would provide a cost-effective, humane and non-
institutional environment for persons recovering from drug and/or alcohol addiction and as conditioned
herein, would not adversely affect adjoining land uses.
4. That the size and shape of the property is adequate to allow the proposed residential care
facility without being detrimental to surrounding land uses; and that no expansion or physical changes to the
property are proposed that would indicate the use of the apartment building as a recovery facility.
5. That the traffic generated by the residential care facility would not pose an undue burden
upon streets and highways designed to carry the traffic in the area; and residents would not be permitted to
drive or have visitors and therefore, no parking or traffic impacts would occur.
6. i'hat granting this conditional use permit to allow a residential care facility, under the
conditions imposed, would not be detrimental to the peace, health, safety and general welfare of the citizens
of the City of Anaheim; and
7. That 1 person spoke and two letters were submitted in opposition to the subject request; a
petition in opposition to the subject request (containing 100 signatures) was received prior to the meeting
and that 7 people indicated their presence in support of this proposal.
Cr\PC2004-051
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State CEQA Guidelines and is, therefore, categorically exemptfrom
the requirement to prepare additional enviranmental documentation.
NOW, THEREFORE, BE ITRESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which arehereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safetyand general welfare of the Citizens of the City of Anaheim:
1. That all services, including counseling; shall be for the residents at this address (1310 West Pearl
Street) only.
2. That the petitioner shall provide a twenty-four (24) hour per day, on-site manager who will be
responsible for responding to any neighborhood concerns regarding the facility. That the name and
telephone number of the on-site manager shall be submitted to the Code Enforcement Division of the
Planning Department to be kept on file.
3. That plans shall be submitted to the Building Division showing that the project complies with all
requirements of an `R-6.2" occupancy.
4. That the trash storage areas shall be maintained in a manner satisfactory to the Public Works
Department, Streets and Sanitation Division.
5. That the petitioner shall furnish to the Zoning Division a copy of the license, with any attached
conditions, issued by the State of California Department of Alcohol and Drug Programs, authorizing
this use as a residential recovery facility.
6. That no signs shall be visible off-site identifying this use as a residential care facility; further, the use
shall not be recognizable from off-site as a residential care facility.
7. That this facility shall be limited to 24 men recovering from alcohol/chemical dependency, screened for
successful integration into a residential setting and as stipulated by the petitioner, no visitors shall be
permitted nor shall residents be permitted to drive or maintain a personal vehicle on the premises. The
facility shall be non-medical and shall be permitted to provide both group and individual counseling
from 8 a.m. to 5 p.m., Monday through Friday with a maximum of three (3) counselors. Counseling
shall be provided only for participants residing at the facility.
8. That prior to the operation of this business, a valid business license shall be obtained from the City of
Anaheim, Business License Division of the Planning Department.
9. That no required parking areas shall be used for storage.
10. That the property shall be permanently maintained in an orderly fashion by providing regular
landscaped maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
11. That subject property shall be maintained in accordance with plans and specifications submitted to the
City of Anaheim by the petitioner and which plans are on file in the Planning Department marked
Exhibit Nos. 1, 2 and 3 of Conditional Use Permit No. 2004-04837.
12. That plans shall be submitted to the Zoning Division for review and approval showing enhancements to
the rear (south) open space area to provide amenities for residents of the facility.
13, That prior to commencement of the activity authorized by this resolution, or within one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 2, 3, 5, 8, 11 and 12 above-mentioned
shall be complied with.
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14.' 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 applicabie City, State and Federal
regulations. Approvai does not include any action or findings as to compliance or approval of the
request regarding any other applicabie ordinance> regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resolution 1s expressly predicated upon appiicanYs compliance with each
and all of the conditions hereinabove sef 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of ;
May 17, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning
Provisions - General" of the Anaheim Municipal Code pertaining appeal procedures and may be replaced
by a City Council Resolution in the event of an appeaL
~ AIRPERSON, ANAHEIM CITY PLANNING COMMISSION
A
ARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CAUFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior 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 17, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO
NOES: COMMISSIONERS: VANDERBILT-LINARES
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this _~_ day of
, 2004.
lz~~`7~~ Dc,~.c ~CJI Q~t
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMM1551UN
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