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Resolution-PC 99-213RESOLUTION NO. PC99-213 A RESOLUTION OF THE ANAHEIM CITY Pl.ANNING COMMISSION THAT PETITION F~R CONDITIONAL USE PEF.A4lT NO. 4163 BE GRANTED FOR ONE (1) YEAR, TO EXPIRE ON DECEMBER 6, 2000 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditionai Use Permit for certain real property situated in the City of Anaheim, Counry of Orange, State of California, ~escribed as: THAT PORTION OF LOT 7 OF ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, ACCORDING TO THE MAP OF SURVEYS l~~A~E BY WILLIAM HAMEL, ACKNOWLEDGED BY ALFRED ROBINSON, TRUS7cE AND ON FILE IN THE OFFICE OF THE COUNTY i2ECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT TNE 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° 07' 25" EAST ALONG SAID CENTERLINE OF PLACENTIA AVENUE, 91.5 FEET; THENCE SOUTH 81° 43' 35" WEST PARALLEL WlTH THE CENTERLINE OF SAID RIGHT OF WAY OF THE ANAHEIM UNION WATER COMPANY, 156 FEET; THENCE NORTH 0° 07' 25" EAST PARALLEL WITH SAID CENTERLINE OF PLACENTIA AVENUE TO THE 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 TO BURGESS, SAID SOUTHERLY CORNER BEING ALSO IN THE CENTERLINE OF SAID RIGHT QF WAY; THENCE NORTH 81° 43' 25" EAST ALONG SAID CENTERLINE 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 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 6, 1999 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 Municipai Code, Chapter 58.03, to hear and consider evidence for and against said proposed cenditionai use permit and to investigatz a!~d make findings and recommendations in connection therewith; and that the hearing was continued from the November 22, 1999 Commission meeting; and CR3828PK.DOC -1- PC99-213 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 vvhich a conditional use permit is authorized by Anaheim Municipal Code Section 18.21.050.180 to permit a substance abuse recovery center for women and their dependent children. 2. That the proposed use is hereby approved for a maximum occupancy of 44 patrons for a period of one year. 3. That the proposed use, as approved, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site for the proposed use is adequate to allow full deve~opment of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use, as approved, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the are~. 6. That granting of this conditionai use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the Ciry of Anaheim. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFOR~viA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a substance abuse recovery center for women and their dependent children on a irregularly-shaped 0.6~J-acre property having a frontage of 91 feet on the west side of State College Bouievard, a maximum depth of 196 feet, being located 310 feet south of the centerline of Redwood Avenue, and further described as 321 North State College Boulevard; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Deciaration 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 substantiel evidence that the project will have a significant ~ffect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant 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 safety and general weifare of the Citizens of the City of Anaheim: 1. That no exterior signs shall be permitted for this facility. 2. That ail existing and proposed landscaping shall be maintained and replaced in the event that it becomes diseased or dies. 3. That a row of twenry (20) gallon sized non-deciduous shrubs on maximum four (4) foot centers shall be planted alang the west propeRy lin~ adjacent to the proposed playground area at the southwest corner of the property, and that appropriate irrigation devices shall be installed and maintained. Said information shall be specifically shown on the plans submitted for building permits. 4. That all prooosed playground equipment shall be located a minimum of fifteen (15) feet from the south and west property lines, and that said equipment shall be "under-planted" and properly maintained with sod lawn and/or wood chips. CR3828PK.DOC -2- ~ PC99-213 5. That this facility shall be limited to a maximum occupancy of forty four (44) patrons. 6. That on-site supervision shall be provided twenty four (24) hours a day. 7. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one (1) gallon size clinging vines planted on maximum three (3) foot centers. or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 8. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approvai. 9. That an on-site trash truck turn-around area shaii be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 10. That emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Said access shall be shown on the plans submitted for buiiding permits. 11. That lockable pedestrian and/or vehicular access gates shall be equipped with "Knox" devices, as required and approved by the Fire Department. Said devices shall be specified on the plans submitted for buiiding permits 12. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of A~aheim by the petitioner and which plans are on fiie with the Planning Department marked Exhibit Nos.1, 3 and 4, and Revision No. 1 of Exhibit No. 2, and as conditioned herein. 13. That Building No. 2 shall be limited to the existing floor plan showing four (4) units consisting of two 2-bedroom units and two 1-bedroom units. 14. That residents shall not be permitted to drive or store their automubiles while residing on-site. 15. That approval of this conditional use permit does not include the dispensing of inedical treatments to the residents. 16. 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. 17. That playground hours shall be limited to the following: September 1 to March 31: 8:00 a.m. to 8:00 p.m. April 1 to August 31: 8:00 a.m. to 9:00 p.m. 18. That this conditional use permit shall expire one (1) year from the date of this resolution, on December 6, 2000. 19. That should this faciliry cease to operate at this location, all the residential structur~s shall be converted back to thei; originat condition, including the number of bedrooms existing on the date that this conditional use permit was approved. CR3828PK.DOC -3- PC99-213 ~ 20. That prior to commencement of the activity authorized by this resolution, or prior to issuance of a building permit, or within a period of one (11) year from the date of this resolution, whichever occurs firsi, Condition Nos. 3, 7, 8, 9,16 and 'f~, above-mentioned, shall be complied with. Extensions for further time to complete said conditions~may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. Further, if an extension of time is requested for the alcohoi sales portion of this request, it shall be considered at a noticed public hearing. 21. That prior to the commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition No. 12, above-mentioned, shall be complied with. 22. That ~pproval 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 City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compiiance 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 approvais herein contained, shall be deemed nuli and void. THE FOREGOING RESOLUTION was a ed the Planning Commission meeting of December 6, 1999. CH I ON RO TEMPORE, ANA CITY PLANNING COMMISSION ATTEST: ~0 SECR ARY, NAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ; I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed anc adopted at a meeting of the Anaheim City Planning Commission held on Dec~,rber 6, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, NAPOLES, NOES: COMMISSIONERS: KOOS, VANDERBILT ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of ~y~~~ 2000. ( L~ SEC ETA , ANAHEIM CITY PLANNING COMMISSION CR3828PK.DOC -4- PC89-213