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Resolution-PC 2009-002RESOLUTION N0.2009-002 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. 2008-05374 (17b1 SOUTH GARDENAIRE LANE) WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permiC to allow a Group Care Facility [as defined in Sections 18.36.040.070 ("G" Use Classes) and 18.92.210 ("R" Words, Terms and Phrases) of the Anaheim Municipal Code] for up to eleven adult residents recovering from alcohol or chemical dependency on that certain real property situated in the City of Anaheim, County of Orange, State of California, at 1761 South Gardenaire Lane, as more particularly shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the applicant has requested to permit said Group Care Facility pursuant to Section 18.04.030 of the Anaheim Municipal Code with a variance from the following provisions of the Anaheim Municipal Code: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (9 spaces required; 4 spaces proposed) WHEREAS, the property proposed for the Group Care Facility is developed with a single-family residence located in the RS-2 (Single-Family Residential) Zane, and the Anaheim General Plan designates said property for Low Density Residential land uses; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 5, 2009, 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 Chapter 18.60 of the Anaheim Municipal Code, to hear and consider evidence for and against said conditional use permit with a parking variance and to investigate and make findings in connection therewith; and WHEREAS, said Commission does find, after due inspection, investigation and study made by itself and in its behalf .and after careful consideration of all evidence and reports offered at said hearing, that al] of the conditions and criteria set forth in Section 18.66.060 of the Anaheim Municipal Code required for the approval of said conditional use permit are not present for the following reasons: 1. That the proposed use (a Group Care Facility for up to eleven adult residents recovering from chemical dependency) is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code based upon the following facts: - 1 - PC2009-002 (a) The applicant desires to establish a Group Caze Facility, licensed by the State of California Department of Alcohol and Drug Programs, for the housing and treatment of up to eleven adult persons recovering from alcohol or chemical dependency. (b) The use, as proposed, would constitute a Group Care Facility within the meaning of Sections 18.36.040.070 ("G"Use Classes) and 18.92.21.0 ("R" Words, Terms and Phrases) of the Anaheim Municipal Code for which a conditional use permit is properly authorized and required pursuant to Section 18:04.030 (Table 4-A) of the Anaheim Municipal Code.. 2. That the applicant failed to demonstrate at the public hearing that the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located based upon substantial evidence submitted by the numerous residents in the immediate area as follows: (a) The single-family residence is currently used as a "Sober Living Home," in which residents are persons recovering from alcohol and drug dependencies who need to maintain a sober living environment; (b) Residents or visitors repeatedly depositing refuse and debris on properties located next to or near the existing Sober Living Home; (c) A resident or visitor was observed sleeping in a car in front of the existing Sober Living Home; (d) Vehicles parked in front of the sober living home by residents or visitors in a manner so as to block driveway access to adjoining properties; (e) Visitors to the facility mistakenly going to adjoining properties looking for the existing Sober Living Home; (t) Residents or visitors yelling and shouting late at night or during early morning hours at a level that disturbs neighbors; (g) Residents or visitors engaging in aggressive confrontations with each other or neighbors; (h) Residents or visitors frequently loitering in front of the property smoking cigarettes. NOW, THEREFORE, BE 1T RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove stated does hereby deny Conditional Use Permit No. 2008-05374 to permit said Group Care Facility pursuant to Section 18.04.030 of the Anaheim Municipal Code with fewer parking spaces than required by Code. - 2 - PC2009-002 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 5, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 1.8.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ~,~~ ~ ~ CHAIRMA , AN HEIM PLAN ING COMMISSION ATTEST: SENIOR SECRET~(RY STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) PLANNING COMMISSION I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the Resolution to approve Conditional Use Permit No. 2008-05374 was duly rejected at a meeting of the Anaheim Planning Commission held on January 5, 2009, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FAESSEL NOES: COMMISSIONERS: KARAICI, AGARWAL, RAMIREZ, ROMERO ABSENT: COMMISSIONER: BUFFA rn IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of January, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 3 - PC2009-002 EXI-IIBIT "A" CONDITIONAL USE PERMIT N0.2008-05374 " `° 1°0,g~ Source Recortletl Tract Maps antl/or City GIS. ;,,~ V-~ Please note the accu2cy is +/-two to five feet. - 4 - PC2009-002 ® KATELLA AVE CitOfAnaheim Boundary Line ®® ®® ®® ®m ®m ®^ ®® ®® ®® ®® ®® ®®