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Resolution-PC 2008-34• RESOLUTION NO. PC2008-34 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 3 (NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES) AND APPROVING CONDITIONAL USE PERMIT NO. 2008-05294 (1340 WEST PEARL STREET) WHEREAS, the Anaheim 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, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 3, 2008, at 2:30 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 18.60, to hear and consider evidence for and against said proposed conditional use permit 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 the proposed use to establish a residential care facility for up to 24 residents is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.06.030.0040.0402 (Group Care Facilities) with waiver of the following provision: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (19 required; 9 proposed) 2. That the above-mentioned waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use because the residents are not permitted to drive and there are a maximum of three staff members. 3. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking demand letter provided by the applicant. Since the residents do not drive, all of the parking demand will be provided on-site and will not increase the demand for parking on the public streets. -1- PC2008-34 • • 4. That the waiver will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within the property boundaries. 5. That the waiver will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses as ingress and egress to the site would be provided via one driveway along Pearl Street. 6. That the proposed residential care facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the services provided are for the residents only and should operate seamlessly within the residential living environment. 7. That the size and shape of the site for the residential care facility is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. 8. That granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 9. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve subject Petition for Conditional Use Permit, 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 the health and safety of the Citizens of the City of Anaheim: -2- PC2008-34 Responsible COA Conditions of Approval for Monitorin TIMING: PRIOR TO ISSUANCE OF A BUILDING PERMIT OR WITHINA PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST COAL The applicant shall provide to the Planning Department a copy of Planning the license, with any attached conditions, issued by the State of California Department of Alcohol and Drug Programs, authorizing the proposed use as a residential recovery facility. TIMING: PRIOR TO FINAL B UILDING AND ZONING INSPECTIONS COA2 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. COA3 A valid business license shall be obtained from the City of Planning Anaheim, Business License Division of the Planning Department. GENERAL CONDITIONS COA4 That no signs shall be visible off-site identifying this use as a Planning residential care facility. COAS All recovery services, including counseling, shall be for the Planning residents at this address (1340 West Pearl Street) only. COA6 That the applicant shall provide a twenty four (24) hour per day Planning on-site manager who will be responsible for responding to any neighborhood concerns regarding the operations of the facility. The name and telephone number of the on-site manager shall be kept on file with the Code Enforcement Division and Planning Services Division of the Planning Department. COAT That all trash generated from the facility shall be properly Planning contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. COA8 Complete aBurglary/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial alarm activation. -3- PC2008-34 • • Responsible COA Conditions of Approval for Monitorin COA9 That this residential care facility shall be limited to twenty four (24) Planning residents recovering from alcohol and/or chemical dependency, screened for successful integration into a residential setting and as stipulated by the applicant, no visitors other than those providing professional services associated with the treatment program 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) employees/counselors. COA10 That timing for compliance with conditions of approval maybe Planning amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. COAL l That extensions for further time to complete conditions of Planning approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. COA12 That approval of this application constitutes approval of the Planning 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 applicant's 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -4- PC2008-34 • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 3, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. ~ ~' .,_ CHAI~ZMAN, ANAHEIM PL-ANNING COMMISSION ATTEST: R SECRETARY, ~AHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior 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 March 8, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 17`h day of March, 2008. v~- ECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2008-34