Loading...
Resolution-PC 97-153~ ~ RE~OLUTiQN iJ(~. PC'~17-153 A RESOL?:TIO.A1 OF T'HE ANAHEIM CITY PLANNING COMMISSION THpT pb'I!'ITION FOR CONDiTIONAL US'E PEEiMIT NO. 3973 BE GRAr1TED, IN PART WHEREAS, the As~ahcim City Planning Commi,sion did receive a'veriGed Petition for Cvnditional Usc Permil for certain nal propcrty situatcd in the City of r~na5cim, County of Orange, State of Californie, described as: LOT 2 OF TRACT N~i. 4757, iN THE CITY OF ANAHEitvf, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECQRDED IN BOOK 184; PAGE(S) 47 AND 48 OF MISCELLP.NEOU5 MAPS, 11V THE OFFICE OF THE COUNTY RECORDER OF S~A1D COUNTY. \VHEREAS, thc City P~anninb Commission did hold a public hcaring at tlic Civic Ccnter in the City of Anaheim on October 27, 1997 at 1:30 p.m., notice oC s~iid public hearin~ having l~ccn duly given as required by law and in accordancc with the provisions o[ the: Anaheim Municipal Cade, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit a~d la investigate and make fndings and recommendations in connection ihcrcwilh; and WHEREAS, said Commission, after due in5pettion, investigation and study made by itself and in ils behalf, and aftcr due considcration of all cvidence an~ .reports o[fered at said hearine, does find and determine the follorving [acts: 1. That thc proposed usc is prupcrly one for which a conditional use pcrmit is authorized by Anaheim Mun+cipal Codc Scction to rctain a board and carc (boarding housc) facifiry for up to 15 residcnts ia the Rht-12p0 Zonc; 2, That the proposcd usc wi11 not adacrsely affcct thc adjoining land ascs and the growth and devclopment of the area in which it is proposed to be located; 3. That lhe sixc and shape of thc sitc tor thc proposcd usc is adcquate to allow the full devclopmcnt of the proposcd use in a manner not dctximental to the parricular area nor to thc peacc, hcalth, safely, and gcncral weifare becausc subjcct propcrry is €ully devcloped and »a new construction or davelopment is proposed; 4. Thal the traffic gcneratcd by thc pruposcd use will not impose an undue burdcn upon thc strccts and highways designcd and improvcd to carry the traffic in lhc area; 5. That thc granting of the conditional usc pcrmit, u,tdcr the conditions itst~osed, will not be detrimental to the peacc, hcalth, safety and gcncrsi wclfare of the citizcns o[ thc City of Anahcim; and 6. That 7 pcople spokc and correspoadencc was rcccived in fuvor of p:oposal; and that 3 pcoplc indicated thcir presence at thc public hcarin6 in opposition and no correspondence was rcccivcd in oppositi~_~. to the subjcct pctition. _1_ ,. P(,'97-153 CR3091PL.WP ~ ~ CALiFOILNIA ENVIRONMENTAI, UALITY ACT PINDIN(': That the Anahcim C~iry Plantting Cummission has revicH~ed the proposal to rc:ain a board and care (boarding housc) facility for up to 15 residents r~n a 0.2Q-ac~r, properry having a Gontagc of 72 feet on thc north sidc of Almont Avenue, a maximum dcpth o[ 125 fcet and being ]ocatcd 133 feet cast of thc ccnterlinr, of State Co{Icge Boulcv'drd (2t)09 East Almont Avcnuc); and docs hcrcby approve the Ncgative Dcclaration upon [inding that the declaration rellects the independent judgement of the icad agency and that it has considered the Negative Dcclaration together with any comments reccivcd during the public review proccss and furthcr finding on thc basis o[ lhc initial study and any comments rcccivcd that thcrc is no subs.antial cvidence that thc projcct will ha~'c a signilicant c[fcct on thc environmcnt. NOW, THEREFORE, BE IT RESOLVED diat thc Anahcim Ciry Planning Commission doe.5 hcreby g'ant subjccl Pctition tor Conditional Use Pe~mit, in part, upon thc fAllowing conditions which are hercby found to be a necessary prerequisitc to thc proposed use of thc subjcct property in ordcr to prescrve thc safcty and gencral wclfarc of the Citizcns of the City ot Anahcim: 1. shall be for res d nts of Uiis addrbsa(2,009hEast Almont Avenu'c) and four'(4) resident cfrom 2133~ E,ast Almont Avenuc. 2, That a vaiid busincss licensc shall bc obtaincd from thc City of Anaheim Busincss Liccnse Division, Finance Department. 3. That the m~ucim 3m number o~ residents shall be limited to s~ (G). 4. (77iis caidiria~ was dclcccd ut lhe Ocfobcr 27, -997 Plo~uiing Can-missiai public henring.) S, (a) That lhc pctitioner shall E;covidc an on-sitc managcr at 1181 South B•clhavcn Strcct for twcnty tour (24) hours pcr day, and t.hat said manager shall bc responsiblc for responding to any ncighbor's conccrns rcgardiub this faciliry at 7A09 East Almont Avcnuc; and (b) That within a pcriod ot thirry (30) days from thc datc of this resolution, thc namc and tclcphone numbcr ot thc managcr shall bc submittcd to, anJ kcpt on filc by, thc Codc Enforcemcnt Division. G. That trash storage arcas shall bc rcfurbishcd, including thc construction of new trash cnclosurc gates, in accordancc with City standards and to thc satisfaction of thc Public Works Dcpartmcnt, Strccts and Sanilation Division, to comply with approvcd plans on filc with said dcpartmcnt. 7. That trash storagc arca(s) shall bc providcd and maintaincd in a loca~ion(s) acccptablc to [hc Public Works Dcpartmcnt, Strects and Sanitation Division, and in accordancc with ~pprovcd plans on E"ilc with said Dcpaclment. Such information sha{I bc spcciGcally shown on thc plans submiUcd to thc Public Works Dcpxrtmcnt for revicw anJ approval. g, That a plan sheet for soliJ waste storage and collection anc~ a plan f~r rccycling shall be submilted to thc Public Works Dcpartmcnt, Strcets and Sanitalion Divisi~n, for rcvicw aud aporoval. y, That an on-site tra5h truck turn-around arca shall bc provided in accordancc with Engincering Standard Dctail No. G]0 anJ maintaincd to the satis[action of the Public Works Departmcnt, Strects and Sanitation Division. Said turn-around arca shall bc speciGcally shown on plans submitled to the PuUlic Works Dcpartmcnt for rcvicw and approval. ~0. That the numbcr ot residcnt vehiclcs shall at no timc cxcccd the numbcr ot evailablc covcrcd garagc spaccs which are opcn and acccssiblc. Z pC97-153 ~ ~ 11. That subjccl usc 4crmit shall expisc onc (1) ycar from thc datc of this resolution, on Octobcr 27, 1998. 12, That wi:hin a pcriod of thirty (30) d~ys (rom thc datc of this resolution, Condition Nos. 1, 2, 3, 5, 6, 7, 8, 9 and 13, herein, shall be c-~r~~plied with. F.xtcnsiaa for further timc to complete said wnditions may be granted in accorda~nt~s N~th Section 18.U3U.O~G of thc Anaheim Municipal Code. 13. That subjcct propcrty shall be icvclopc~' substantially in accordance with plans and spcciGcations subrtiUcd to the City ~t,Anahcim by thc pctitioncr and which plans arc on filc with thc Planning Department rarked F..xhibit h3os. 1 and 1., and as canJitionca hcrein. 34. That approval of lhis ap,.ilication constitutes approval o[ the proposed requcst only to the cxtcnt that it complies wilh thc Anaheim Municipal Zoning Code and any othcr applicable City, State and Federat reguluiian~. Approval ducs not include any action or Gndings as to compliance or approval of thc rcques! rc~;ar~'i.ag any othcr applicabic ordinancc, rcgulalion or rcquircmcnt. ~F IT FURTHER RESOLVED tha! thc Anahcim Ciry Planning Commission docs hcrcby iind anJ detcrsainc that adoptin~ of this Rcsolution is cxpressly prcdicalcd upon applic:inCs compliancc with cach snd alt ot thc condilions hcrcinabovc sct forth. ShouW any such conditicm, or any part thcrcof, bc dcclurcd invalid or uncnforccablc by thc final juJgmcnt of any court of rompetcnt jurisdiction, thcn this Rcsoluiion, and any approvals hcrcin containcJ, shall bc dccmcd null anJ void. 'fHE FOREGOWG RESOLUTIUN was adoptcd at thc Planning Commission mccling of October 27, 1997. ~ ~ ~i~' L~i~~~~~ ~ CHAIRPERSON ANAHEIM C[TY PLANNING COMMtSSION ATTE5T: SECRET'ARY, AHE[M CITY PLANNING CQMMi5S(ON STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY ,flF ANAHEIM ) I, Margarita Soloriu, Sccrctary of thc Anahcim Ciry Planning Commission, do hcrcby Camm ssaon hcld on O cobc~`27,o1'~'I7 Sby~lhc follo ing vtot~ of thc mc bcrstt ~ f ~a~hcim Ciry Plannin6 py~; CUMM[SSIONERS: SUSTWICIC, BOYDSTUN, BRISTOL, HENNINGGR, NAPOLES NOES: COMMISSIONERS: I'IONE ABSENT: CQMMISSIONERS: MAYER, PERAZA ~ da of ~~~~'+ IN W[TNESS WHEREOF, I havc hcrcuntc~ sct my hand this Y ~ 1997. ~~.0/~w. SECRETARY, A HEtM r,ITY PIANNING COMMISSION -3- PC97-153