Loading...
Resolution-PC 2005-10• ' • RESOLUTION NO. PC2005-10 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF'APPROVAL OF RESOWTION NO. PC2001-59ADOPTEDJN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4163 ` (321 NORTH STATE'COLLEGE BOULEVARD) WHEREAS, on December 6, 1999, the Anaheim Planning Commission did, by Resolution Na PC99-213, grant Conditionaf Use Permit No. 4163 to'permit a substance abuse recovery center for:women and their dependent children; and that Condition No. 98 specified that the conditional use permit shall expire one year from the date of this resolution on December 6, 2000; and , WHEREAS, on May 7, 2001, the Anaheim Planning Commission did amend Resolution Na PC99-213, in'its entirety reinstating the permit for an additional three (3)years and adopted Resolution Na PC2001-59; and . ' WHEREAS, Resolution No. PC2001-59, adopted in connection with subject use permit ' includes the following condition of approvaL• "1. That this usepermit shall expire three (3) years from the date of this resolution, on May , 7, 2004." WHEREAS, the petitioner has requested reinstatement of#his conditional use permit, which expired on May 7, 2004, to retain the substance abuse recovery center for women and their dependent children; WHEREAS, this property is developed with two multiple-family apartment bui{dings (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 T(Transition) and the Anaheim General Plan Land Use E{ement Map designates this property for Low Density Residential land uses and the property is situated in the City of Anaheim, County of Orange, State of California, described as THAT PORTION OF LOT 7 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, ACCORDING TO THE MAP OF SURVEYS MADE BY WILLIAM HAMEL, ACKNOWLEDGED BY ALFRED ROBINSON, TRUSTEE AND ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF PLACENTIA AVENUE WITH THE CENTERLINE OF THE RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY, AS SAID RIGHT OF WAY WAS ESTABLISHED BY A JUDGMENT RENDERED BY THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE, IN AN ACTION ENTITLED "ANAHEIM UNION WATER COMPANY, A CORPORATION, PLAINTIFF VS. H.F.S. SCHNEIDER, ET AL, DEFENDANTS", CASE NO. - 6468, A CERTIFIED COPY OF SAID JUDGMENT HAVING BEEN RECORDED IN BOOK 281, PAGE 126 OF DEEDS; THENCE NORTH O° OT 25" EAST ALONG SAID CENTERLINE OF PLACENTIA AVENUE, 91.5 FEET; THENCE SOUTH 81° 43' 35" WEST PARALLEL WITH THE CENTERLINE OF SAID RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY, , 156 FEET; THENCE NORTH 0° OT 25" EAST PARALLEL WITH SAID CENTERLINE OF PLACENTIA AVENUE TO TNE SOUTHERLY LINE OF THE LAND CONVEYED TO J.F. BURGESS AND WIFE, BY DEED RECORDED IN BOOK 1666, PAGE 467 OF OFFICIAL RECORDS; THENCE SOUTH 74° 33' 10" WEST ALONG SAID SOUTHERLY LINE TO AN ANGLE POINT THEREIN; THENCE SOUTH 0° 36' 25" WEST 225 FEET TO THE MOST . SOUTHERLY CORNER OF SAID LAND CONVEYED T0 BURGESS, SAID SOUTHERLY CORNER BEING ALSO IN>THE CENTERLINE OF SAID RIGHT DF WAY; THENCE NORTH CR\PC2005-010 -1- PC2005-10 (Tracking No. CUP2004-04932) ~ • 81°`43' 25" EAST ALONG SAID GENTERLINE 253 FEET, MORE OR LESS TO THE POINT OF BEGINNING : EXCEPTING THEREFROM THE PORTION INCLUDED WITHIN THE RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY. ' SAID LAND IS SHOWN ON A MAP FILED IN BOOK 20 PAGE 29 OF RECORD OF SURVEYS W THE OFFICE OF THE COUNTY RECORDER DF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 10, 2005, at 2:00 p.m., notice of said public hearing having been duly given as requiredby law and in accordance with the provisions of the Anaheim Municipal Code; Chapter 18.60 "Procedures" 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 of approvaL 3. That field inspection by P,Ianning Department 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 reasonable operation of this use under the use permit as previously granted. 6. That indicated their presence at the public hearing in opposition to the proposal; that concerned person spoke; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim 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 College Boulevard; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit Na 4163 is adequate to serve as the required environmental docurr~entation 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 Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC2001-59 to read as follows: 1. This condition was deleted at the public hearing. 2. That no signs shall be permitted for this facility. 3. That a11 existing and proposed landscaping shall be maintained and replaced in the event that it : becomes diseased or dies. -2- PC2005-9 0 ~ ~ 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 facilityshall be limited to a maximum occupancy of forty-four (44)patrons and shall comply with the applicable State ofi California permit requirements. 6. That on-site supervision shall be provided twenty-four (24) hours a day, 7. That existing trash storage areas shall be maintained in a location 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 Public Works Department, Streets and Sanitation ` biVision. , 9. That emergencyvehicularaccess 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 substanfially 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(Revision No. 1 of Exhibit No. 2), 3 and 4, and as conditioned herein. 12. That Building Na 2 shall be limited to the existing floor plan, consisting of two (2) 2-bedroom units and two (2) 1-bedroom units. 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 8:00 a.m. to 8:00 p.m. from September 1 to March 31 and 8:00 a.m. to 9:00 p.m. April 1 to August 31. 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 the subject property shall be developed an 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 No. 1, Revision No. 1 of Exhibit No. 2, and Exhibits No. 3 and 4, and as conditioned herein.l9. 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. , BE IT FURTHER RESOLVED that the Anaheim 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 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. -3- PC2005-10 ~ ~ BE ITfURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopfed at the Planning Gommission meeting of January 10, 2005. Said resolution is subject to the appeal provisions sef forth' Chapte 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and m rep by a City ~ il Resolution in ~ the event of an appeaL ~' -.~~,~ CHAIRMAN, ANAHEIM PLANNING COMMISSION ATT T: SEC E Y, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) ' COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ' I, Pat Chandler, Secretary of the Anaheim Planning Commission, do hereby certify that the ' foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on ' January 10, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: O'CONNELL VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this ~~day of , 2005. SECRETARY, ANAHEIM PLANNING COMMISSION