PC 2018/05/30
City of Anaheim
Planning Commission
Agenda
Wednesday, May 30, 2018
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
• Chairperson: Bill Dalati
• Chairperson Pro-Tempore: Michelle Lieberman
• Commissioners: John Armstrong, Jess Carbajal, John Gillespie,
Kimberly Keys, Steve White
• Call To Order - 5:00 p.m.
• Pledge Of Allegiance
• Public Comments
• Public Hearing Items
• Commission Updates
• Discussion
• Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning and Building
Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is
also available on the City of Anaheim website www.anaheim.net/planning on Thursday,
May 24, 2018, after 5:00 p.m. Any writings or documents provided to a majority of the Planning
Commission regarding any item on this agenda (other than writings legally exempt from public
disclosure) will be made available for public inspection in the Planning and Building Department
located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business
hours.
You may leave a message for the Planning Commission using the following
e-mail address: planningcommission@anaheim.net
05-30-2018
Page 2 of 5
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
Tentative Tract and Parcel Maps will be final 10 calendar days after Planning Commission
action unless a timely appeal is filed during that time. This appeal shall be made in written
form to the City Clerk, accompanied by an appeal fee in an amount determined by the City
Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public
hearing before the City Council at the earliest possible date. You will be notified by the City
Clerk of said hearing.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in a written correspondence delivered to the Planning Commission or City Council
at, or prior to, the public hearing.
Anaheim Planning Commission Agenda - 5:00 P.M.
Public Comments
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or provide public comments on agenda items with the
exception of public hearing items.
05-30-2018
Page 3 of 5
Public Hearing Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2018-05962
VARIANCE NO. 2018-05107
(DEV2018-00032)
Location: 280 North Wilshire Avenue
Request: To establish a recuperative care facility with
fewer parking spaces than required by Code within an
existing commercial building.
Environmental Determination: The Planning Commission
will consider whether the proposed action is Categorically
Exempt from the requirements to prepare additional
environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
This item was continued from the April 30, 2018 Planning
Commission meeting.
Resolution No. ______
Project Planner:
Wayne Carvalho
wcarvalho@anaheim.net
ITEM NO. 3
CONDITIONAL USE PERMIT NO. 2017-05948
(DEV2017-00122)
Location: 2101 West Crescent Avenue, Unit A
Request: For a conditional use permit to allow a 1,625
square foot church within an existing multi-tenant
business park (Fullerton Agape Church).
Environmental Determination: The Planning
Commission will consider whether the proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
This item was continued from the May 14, 2018 Planning
Commission meeting due to an absence of a quorum.
Resolution No. ______
Project Planner:
Lucita Tong
LTong@anaheim.net
05-30-2018
Page 4 of 5
ITEM NO. 4
CONDITIONAL USE PERMIT NO. 2017-05952
(DEV2017-00126)
Location: 2111 West Crescent Avenue, Units F & G
Request: For a conditional use permit to allow a 1,876
square foot church within an existing multi-tenant
business park (Jungkm Church).
Environmental Determination: The Planning
Commission will consider whether the proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
This item was continued from the May 14, 2018 Planning
Commission meeting due to an absence of a quorum.
Resolution No. ______
Project Planner:
Lucita Tong
LTong@anaheim.net
ITEM NO. 5
VARIANCE NO. 2018-05104
(DEV2018-00018)
Location: 549-555 South Anaheim Boulevard
Request: For a variance to construct a wrought iron
fence in a location where the Code requires a block wall
between commercial and residential uses (Leisuretown).
Environmental Determination: The Planning
Commission will consider whether the proposed action is
Categorically Exempt from the requirements to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines, Section
15301, Class 1 (Existing Facilities).
This item was continued from the May 14, 2018 Planning
Commission meeting due to an absence of a quorum.
Resolution No. ______
Project Planner:
Nick Taylor
njtaylor@anaheim.net
Adjourn to Monday, June 11, 2018 at 5:00 p.m.
05-30-2018
Page 5 of 5
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:30 p.m. May 23, 2018 (TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
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200 S. Anaheim Blvd.
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Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 2
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MAY 30, 2018
SUBJECT: CONDITIONAL USE PERMIT NO. 2018-05962 AND
VARIANCE NO. 2018-05107
LOCATION: 280 North Wilshire Avenue
APPLICANT/PROPERTY OWNER: The applicant and property owner is 280
Wilshire Anaheim, LLC, represented by Rob Lyddon.
REQUEST: The applicant requests approval of a conditional use permit to establish
a recuperative care facility with up to 75 beds and a variance for fewer parking spaces
than required by the Code.
RECOMMENDATION: Staff recommends the Planning Commission adopt the
attached resolution, determining that this request is Categorically Exempt from
further environmental review under the California Environmental Quality Act (Class
1, Existing Facilities) and approving Conditional Use Permit No. 2018-05962 and
Variance No. 2018-05107.
BACKGROUND: The subject property is 0.7-acres and developed with a one story,
12,034 square foot commercial building. The property is located in the “C-G”
General Commercial zone. The General Plan designates this property for Office-Low
land uses. The property is adjacent to a condominium complex to the east, single-
family residences to the north, an office building to the west, and the Interstate 5 (I-5)
Freeway to the south across Wilshire Avenue.
In 2015, the Commission approved CUP2014-05770, which permitted a dormitory for
40 students and four employees at the subject property. Cambridge Educational
Housing operated the dormitory, which provided housing for international students
attending schools in the area. In late 2017, the facility closed and the current property
owner purchased the property.
On April 30, 2018, the Planning Commission held a public hearing to consider this
item. During the public hearing, several people expressed concerns over the proposed
recuperative care use and its compatibility with surrounding uses. Following public
testimony and further discussion, the Commission continued the item for four weeks
requesting that staff return with additional information on the proposed use.
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 2 of 9
ADDITIONAL INFORMATION REQUESTED BY THE PLANNING COMMISSION:
At its meeting on April 30, 2018, the Planning Commission requested clarification as to the
definition of a recuperative care facility compared to the Code definition for Convalescent and
Rest Homes. The Commission also requested that staff research whether there are required
Federal or State standards pertaining to the size or capacity for recuperative care facilities.
Following the Commission meeting, the applicant provided supplemental information from
Upward Housing, the property management company for the property owner/applicant's
properties. The supplemental information includes definitions of recuperative care,
recommended standards, justification for 75 beds, and photographs of other Upward Housing
properties and the subject property. In addition, staff conducted independent research and
visited a recuperative care facility in Midway City to gain further insight into the operation of
these facilities.
Recuperative Care Facility Definition: A recuperative care facility, also referred to as medical
respite, is similar to the use class for Convalescent and Rest Homes. The Code describes the
Convalescent and Rest Home use as facilities providing nursing, dietary and other personal
services for seven or more convalescents, invalids and aged persons, but excluding cases of
contagious or communicable diseases, and excluding surgery or primary treatments that
hospitals customarily provide. Although convalesce and recuperate have the same meaning,
which is to recover health or strength from an illness or medical condition, staff does not
believe that a recuperative care facility falls within the use class for Convalescent and Rest
Homes, as further discussed in the analysis section of this report.
In response to the Commission’s request for a more detailed definition of a recuperative care
facility, staff provides the following definition, which staff developed from the Standards for
Medical Respite Programs, prepared by the National Health Care for the Homeless Council
(NHCHC), which are included as Attachment 4 to this staff report. In creating the definition
provided below, staff also conferred with the City Attorney’s Office and a representative of
Illumination Foundation, a known provider of recuperative care (although not the proposed
operator for the subject facility).
“A recuperative care facility provides short‐term care and case management to individuals
who have been referred by or discharged and referred from a government, community or
licensed medical facility. Said individuals shall be recovering from an acute illness or injury
that generally does not necessitate hospitalization during recovery, whose conditions would
be exacerbated by their living conditions (e.g., individuals are either homeless or at risk of
being homeless, or have the absence of a caregiver, and have a medical condition requiring
post-acute clinical care). A recuperative care facility provides collaborative services such as
case management, referrals, transportation, eligibility assistance, health education,
environmental health risk reduction, health literacy, and outreach for homeless or those at
risk of being homeless or have the absence of a caregiver. A recuperative care facility allows
such individuals the opportunity to rest and recover in a safe environment while accessing
medical care and other supportive services for a finite length of time before transitioning
from medical respite to the community or other supportive housing. Operators of
recuperative care facilities may coordinate or administer medical care subject to State and/or
Federal licensing requirements. Recuperative care facilities shall not be classified as
Emergency Shelters, Transitional Housing, or other uses which allow walk-in clients.”
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 3 of 9
Regulations and Licensing: The Planning Commission also requested information on whether
any State or Federal regulations or licenses apply to recuperative care facilities. Based upon
staff’s research, Federal and State licensing requirements depend on the medical services that
the recuperative care facility provides, if any. If medical personnel are providing or
administering medical care, on-site licensing provisions apply. In addition, agencies with
separate oversight of non-profit operators conduct audits and inspections when organizations
receive grants and governmental funding. Examples of agencies that could perform audits or
inspections of the recuperative care facility are the Department of Health Care Services
(DHCS), State Department of Corrections and Rehabilitation (CDCR), Drug Medi-Cal, and City
of Anaheim Fire Marshall.
With the exception of Building Code standards, there is no restriction on the capacity or number
of beds in these facilities and a 75-bed capacity is in conformance with Building Code. As
described in the supplemental information provided by the applicant (Attachment 3), rooms
within the facility are dormitory style, with the primary function being a place to sleep and rest.
Clients would spend time together in community rooms, eat meals together, and have regulated
schedules with on-site service providers. The proposed staff to client ratio would average a
daytime 1:12 client-to-staff ratio including staff for health care specialists, employment
specialists, case managers, counselors, food staff, drivers, and maintenance crew. The nighttime
staffing would average a 1:20 client-to-staff ratio. According to State requirements, each three-
person room is required to be a minimum 90 square feet. The proposed recuperative care
facility would provide 140 square feet for three people. In addition, the State requires a
minimum 1:10 toilet-to-person ratio and a 1:20 shower-to-person ratio. The proposed facility
would provide a 1:3 toilet-to-person and 1:3 shower-to-person ratio. Based upon the
information provided by the applicant and the Building Code, staff believes that the 75-bed
capacity should not be an issue in regard the approval of the proposed facility.
PROPOSAL: The applicant requests approval of a conditional use permit to establish a
recuperative care facility with up to 75 beds and a variance to provide fewer parking spaces than
required by the Zoning Code.
The property owner has not identified a specific operator for the facility. It is the intent of the
property owner to partner with, and lease the facility to a non-profit organization to operate the
recuperative care facility once City approval is obtained. Based on the fact that operator is not
known at this time, this conditional use permit review addresses land use impacts regardless of
the operator. The applicant has indicated that potential operators could include: 1) The United
Way; 2) Mercy House; 3) HealthRight360; or, 4) other similar operators that provide
recuperative care services.
All of the operators would provide food, housing and comprehensive support services for
homeless clients and those at risk who require recuperative care. The operator would also
provide recreational and occupational programs; and, 24-hour medical, mental health, and
substance use disorder treatment. The facility would arrange for voluntary treatment of the
clients. Clients would stay at the facility from 3-4 months, and in certain instances, possibly up
to a year, at which time the operator would attempt to place the client into permanent supportive
housing. The facility would only accept clients referred to the facility from a government,
community or licensed medical facility. Non-profit organizations or family members would
transport clients to the facility. The facility would not accept “walk-in” clients.
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 4 of 9
The applicant has provided a letter of operation and house rules describing the proposed
recuperative care facility. The facility would be a closed campus involving 24-hour supervision
of clients. The operator would impose strict rules on all clients including discretionary visits and
outings. A staff member must approve all requests for visitors or outings. Visitors are
restricted only to immediate family members. These visitors would be required to attend an
orientation during their first visit. All visits would occur in public areas. Facility staff would
provide supervision of the property 24 hours a day, 7 days a week. The property
owner/operator would also install and operate surveillance cameras in and around the facility to
monitor activities.
As shown on the site plan below, the existing 12,034 square foot single story building consists
of 25 habitable bedrooms, which the recuperative care facility would use to house its clientele.
The facility would also include a common dining room, private kitchen, offices, storage rooms,
restrooms, meeting rooms, and common recreational areas such as a central outdoor courtyard.
As shown on the following page, each bedroom would be equipped with up to three beds and a
private bathroom.
FLOOR PLAN
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 5 of 9
TYPICAL BEDROOM
SITE PLAN
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 6 of 9
As shown on the site plan on the previous page, there are currently 36 parking spaces provided
on-site. Three of the 36 spaces are ADA compliant. Based on the 75 beds proposed in the
facility, the Code requires 60 spaces based on the parking ratio of 0.8 spaces per bed. The
applicant requests a variance to permit a reduction in the required number of parking spaces.
The findings and analysis section below describes the variance in more detail.
FINDINGS AND ANALYSIS:
Conditional Use Permit: Before the Planning Commission may approve a conditional use
permit, it must make a finding of fact that the evidence presented shows that all of the following
conditions exist:
1) That the proposed use is properly one for which a conditional use permit is
authorized by this code;
2) 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;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular
area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
The Zoning Code currently permits Convalescent and Rest Homes, in commercial zones subject
to approval of a conditional use permit. Although the Commission could consider
“Recuperative Care,” also referred to as “Medical Respite Care,” as a use that is similar to
Convalescent and Rest Homes, as it involves some of the same spectrum of services, neither
Recuperative Care or Medical Respite Care are defined in the Code. If the Code does not
authorize or mention a use in any zone throughout the City, and the Director of Planning and
Building has determined that the use does not fit into an existing use class, the Commission may
authorize the use, subject to the approval of a conditional use permit. The Director of Planning
and Building has determined that the proposed recuperative care facility qualifies as an
“Unlisted Use,” which the Commission can allow, subject to the approval of a conditional use
permit.
The purpose of the conditional use permit is to ensure that the facility would be compatible with
surrounding uses and not negatively affect adjacent properties. The proposed recuperative care
facility would provide housing and comprehensive support services for homeless clients and
those who have no care-giver in their permanent home recovering from health conditions in a
closed-campus setting. The operator would implement strict “House Rules” (Attachment 2) to
ensure that clients and the daily operation at the facility would not adversely affect the
surrounding community. Staff has evaluated the proposal and believes that, if properly
conditioned, the proposed recuperative care facility would not pose an adverse impact to the
surrounding properties. Staff has included conditions of approval in the draft resolution to
ensure the recuperative care facility operates in a responsible manner that is not detrimental to
the surrounding area. Some of these conditions include:
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 7 of 9
NO. CONDITIONS OF APPROVAL
1 This permit shall be subject to a six (6) month review by the Planning Commission,
commencing from the date of this approval. Planning Department staff will report back
to the Planning Commission as a “Reports and Recommendations” (R&R) item in order
to verify that the recuperative care facility is operating without negative impacts to the
surrounding neighborhood. Surrounding properties shall be notified in advance of the
Planning Commission meeting and the applicant shall pay for the cost of processing this
R&R item. Future compliance reviews may be required if significant violations are
identified in the future or if required by the Planning Commission.
2 The business shall be operated in accordance with the Letter of Request and House
Rules submitted as part of this application. Once the business operator has been
selected, a revised Letter of Operation, that ensures that the use will be a recuperative
care facility, and an operations plan to ensure that the use will operate in a manner that
will not create negative impacts to the surrounding community, shall be submitted to the
Planning Department for review by the Police Department and approval by the Planning
Director to determine substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
3 The facility shall not be operated as an “Emergency Shelter” as defined in Section
50801(e) of the California Health and Safety Code. The facility operator shall provide
short‐term care and case management to individuals who are homeless or at risk of
being homeless who have been referred by or discharged from a licensed medical
facility who are recovering from an acute illness or injury that does not necessitate
hospitalization during recovery. All clients shall be transported to the facility by the
business operator or family members. No “walk-in” clients shall be accepted at the
facility.
4 The facility operator shall comply with all State and/or Federal licensing requirements
and the standards specified in the latest version of the Standards for Medical Respite
Programs, prepared by the National Health Care for the Homeless Council.
5 There shall be no outdoor activities or loitering in the common area adjacent to the
residential properties to the north (rear property line) after 8:00 p.m. seven days a week.
This restriction may be modified, subject to review and approval by the Planning and
Building Director to ensure that the adjacent residential properties are not impacted by
any outdoor activities in this area.
6 Prior to occupancy and initial operation of the facility, the name and telephone number
of an on-site manager shall be provided to the Code Enforcement Division of the
Planning Department. This person shall be responsible for responding to any concerns
regarding the operations of the facility at all times. The owner and operator shall contact
the Code Enforcement Division at (714) 765-5158 to coordinate this contact
information. Any staffing changes to this position shall be reported to the Code
Enforcement Division within 30 days.
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 8 of 9
Parking Variance: Before the Planning Commission may approve a parking variance, it must
make a finding of fact that the evidence presented shows that all of the following conditions
exist:
1) That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for the proposed use than the number of such
spaces necessary to accommodate all vehicles attributable to such use under the
normal and reasonably foreseeable conditions of operation of such use;
2) That the variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity
of the proposed use;
3) That the variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use;
4) That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use;
and
5) That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use.
The applicant requests approval to provide fewer parking spaces than required by the Zoning
Code. The Code requires a ratio of 0.8 spaces per bed for Convalescent and Rest Homes. The
applicant is requesting to permit a facility with up to 75 beds. The Code requires 60 spaces for
the proposed use; the applicant is providing 36 spaces. The applicant has submitted a letter of
operation stating that operator would not permit clients to possess a vehicle. As a result, the
clients would not need any parking spaces. The operator would provide shuttle services for
clients having appointments off-site, which further reduces the facility’s parking demand. The
staff, and the occasional delivery vehicle or visitor, would be the only users of the parking
provided. The applicant anticipates a peak demand of 14 spaces for use by staff and visitors
between the hours of 7:00 a.m. to 7:00 p.m.
Following review of the applicant’s letter of operation and proposed house rules
(Attachment 2), staff determined that 36 on-site parking spaces would be adequate for the
proposed use. Based on the information provided, the peak parking demand would occur
during the day between the hours of 7:00 a.m. and 7:00 p.m. when most staff are present. The
maximum number of staff at any one time would be 10 employees requiring no more than 10
parking spaces. Based on this information, staff believes that there is sufficient on-site parking
to accommodate the facility without affecting the surrounding properties.
CONDITIONAL USE PERMIT NO. 2018-05962 AND VARIANCE NO. 2018-05107
May 30, 2018
Page 9 of 9
Neighborhood Outreach: The applicant hosted a community meeting/open house at the project
site on the evening of Wednesday, April 11, 2018. All property owners and tenants within 300
feet of the project site were invited. Three people attended the Open House, including a
property owner from the condominium complex to the east, a property owner from the single-
family residential neighborhood to the north, and the pastor from the church two lots west of
the property. All three expressed support over the proposed use. Planning staff was also
present at the meeting.
Environmental Impact Analysis: Staff recommends the Planning Commission find that the
effects of the proposed project are typical of those generated within the Class 1, Existing
Facilities, Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor
alteration of existing public or private structures or facilities, involving negligible or no
expansion of use beyond that existing at the time of this determination. The proposed project is
a request to operative a recuperative care facility in an existing building that the previous
property owner used as a dormitory. As such, the proposed project meets the criteria for a
Class 1 categorical exemption. Pursuant to Section 15300.02 (c) and 15301 of Title 14 of the
California Code of Regulations, there are no unusual circumstances in respect to the proposed
project for which staff would anticipate a significant effect on the environment and, therefore,
the proposed project is categorically exempt from the provisions of CEQA.
CONCLUSION: The proposed project would provide housing and comprehensive support
services for homeless clients. Based on information provided by the applicant, staff believes
that the recuperative care facility would operate without creating an undue burden on the
surrounding neighborhood. Staff believes that with the recommended conditions of approval,
and adherence to the applicant’s letter of operation and house rules, the facility would operate
without becoming a detriment to the surrounding area. Based on these reasons, staff
recommends approval of this request.
Prepared by, Submitted by,
Wayne Carvalho Susan Kim
Contract Planner Acting Planning Services Manager
Attachments:
1. Draft Conditional Use Permit and Variance Resolution
2. Letter of Operation/House Rules
3. Applicant’s Supplemental Information
4. Standards for Medical Respite Programs, NHCHC, Oct. 2016
5. Site and Floor Plans
6. Site Photographs
C-GDEV 2018-00032RECUPERATIVE CARE FACILITY
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2018-***
RESOLUTION NO. PC2018-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2018-05962
AND VARIANCE NO. 2018-05107 AND MAKING CERTAIN FINDINGS IN
CONNECTION THEREWITH
(DEV2018-00032)
(280 NORTH WILSHIRE AVENUE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2018-
05962 and Variance No. 2018-05107 to establish a recuperative care facility for up to 75 beds
within an existing commercial building with less parking than required by the Zoning Code (the
"Proposed Project") on that real property located at 280 North Wilshire Avenue in the City of
Anaheim, County of Orange, State of California, as generally depicted on the map attached
hereto as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is approximately 0.7-acres in size and is currently
developed with a one-story, commercial building. The Anaheim General Plan designates the
Property for “O-L” Office Low land uses. The Property is located in the “C-G" General
Commercial Zone, meaning that the Property is subject to the zoning and development
standards contained in Chapter 18.08 (Commercial Zones) of the Anaheim Municipal Code (the
"Code"); and
WHEREAS, the Proposed Project is a use not expressly authorized or permitted in
the Commercial Zone and is also not authorized or mentioned in any zone throughout the City.
Pursuant to the authority conferred upon the Planning Director by Section 18.66.040 (Approval
Authority) of Chapter 18.66 (Conditional Use Permits) of the Code and, specifically, paragraph
.0201 of Subsection .020 (Unlisted Uses Permitted), the Planning Director has found and
determined that the Proposed Project does not fit into an existing use class, as provided in
subsection .020 (Inclusion of Specific Uses) of Section 18.36.020 (Classification of Uses), but
may be authorized by conditional use permit until such time as the Code is amended to include
such a use; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on April 30, 2018 at 5:00 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
(Procedures) of the Code, to hear and consider evidence for and against proposed Conditional
Use Permit No. 2018-05962 and Variance No. 2018-05107, and to investigate and make
findings and recommendations in connection therewith, and the public hearing was continued
by the Planning Commission to the May 30, 2018 meeting at 5:00 p.m; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 30, 2018 at 5:00 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
(Procedures) of the Code, to hear and consider evidence for and against Conditional Use Permit
No. 2018-05962 and Variance No. 2018-05107, and to investigate and make findings and
recommendations in connection therewith; and
- 2 - PC2018-***
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for Implementation of the California
Environmental Quality Act (Title 14 of the California Code of Regulations; herein referred to
as the "CEQA Guidelines"), and the City's Local CEQA Procedure Manual, the City is the "lead
agency" for the preparation and consideration of environmental documents for the Proposed
Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 –
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the Proposed Project and, specifically, with respect to the request
for Conditional Use Permit No. 2018-05962, does find and determine the following:
1. The proposed request to establish a recuperative care facility for up to 75
persons within the "C-G" General Commercial Zone is an Unlisted Use for which a conditional
use permit is authorized under .0201 of Subsection .020 (Unlisted Uses Permitted) of Section
18.66.040 of the Code.
2. The proposed conditional use permit to establish a recuperative care facility
for up to 75 persons, 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 subject to
conditions of approval contained herein to ensure that the business is operated in a responsible
manner and would not have an adverse effect on the surrounding residential and commercial
land uses in the area.
3. The size and shape of the site for the recuperative 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.
4. The traffic generated by the facility will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area because the
traffic generated by this use will not exceed the anticipated volumes of traffic on the surrounding
streets and adequate parking and circulation will be provided to accommodate the use. The
facility’s clients will not be permitted to possess a vehicle while at the facility, and the
anticipated parking demand for staff is not expected to exceed ten parking spaces.
5. The 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 as the proposed
land use will continue to be integrated with the surrounding commercial, office and multi-family
residential uses on North Wilshire Avenue and would not pose a health or safety risk to the
citizens of the City of Anaheim.
- 3 - PC2018-***
WHEREAS, based upon a parking justification letter submitted by the applicant,
the Planning Commission does further find and determine that the request for Variance No.
2018-05107 to allow fewer parking spaces than required by the Code should be approved for
the following reasons:
SECTION NO. 18.42.040.010 Minimum number of parking spaces.
(60 spaces required; 36 spaces proposed)
1. That the variance, under the conditions imposed, if any, will not cause fewer off-
street parking spaces to be provided for such use than the number of spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably
foreseeable conditions of operation of such use because clients are not permitted to drive and
there are a maximum of 10 staff members on the premises at any time. An operations
justification letter was prepared by the applicant which states that the proposed number of
parking spaces within the Property would be sufficient to accommodate staff and visitors; and
2. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon the public streets in the immediate vicinity of
the Property because the proposed number of parking spaces within the Property is sufficient to
accommodate the proposed use on site, as determined by the applicant’s parking justification
letter; and
3. That the variance, under the conditions imposed, if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the immediate
vicinity of the proposed use because the proposed number of parking spaces within the Property
is sufficient to accommodate the proposed use on site, as determined by the applicant’s parking
justification letter; and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for the proposed use because the
project site provides adequate ingress and egress via an existing driveway along Wilshire
Avenue; and
5. That the variance, under the conditions imposed, if any, will not impede
vehicular ingress to or egress from adjacent properties upon the public streets in the immediate
vicinity of the proposed use because the project site has existing ingress or egress access points
that are designed to allow adequate on-site circulation and, therefore, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity
of the Property; and
WHEREAS, this Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff
report and all materials in the project files. There is no substantial evidence, nor are there other
facts, that detract from the findings made in this Resolution. This Planning Commission
expressly declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
- 4 - PC2018-***
NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this
Planning Commission does hereby approve Conditional Use Permit No. No. 2018-05962 and
Variance No. 2018-05107, contingent upon and subject to the conditions of approval set forth
in Exhibit B attached hereto and incorporated herein by this reference, which are hereby found
to be a necessary prerequisite to the proposed use of that portion of the Property for which
Conditional Use Permit No. 2018-05962 and Variance No. 2018-05107 is applicable in order
to preserve the health, safety and general welfare of the citizens of the City of Anaheim.
Extensions for further time to complete conditions of approval may be granted in accordance
with Section 18.60.170 of the Code. Timing for compliance with conditions of approval may
be 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, (ii) the
modification complies with the Code, and (iii) the applicant has demonstrated significant
progress toward establishment of the use or approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the 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 approval of this application constitutes
approval of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 30, 2018. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 30, 2018 by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of May, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 6 - PC2018-***
- 7 - PC2018-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2018-05962 AND
VARIANCE NO. 2018-05107
(DEV2018-00032)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
1 This permit shall be subject to a six (6) month review by the Planning
Commission, commencing from the date of this approval. Planning
Department staff will report back to the Planning Commission as a
“Reports and Recommendations” (R&R) item in order to verify that
the recuperative care facility is operating without negative impacts to
the surrounding neighborhood. Surrounding properties shall be
notified in advance of the Planning Commission meeting and the
applicant shall pay for the cost of processing this R&R item. Future
compliance reviews may be required if significant violations are
identified in the future or if required by the Planning Commission.
Planning and Building
Department,
Planning Services
Division
2 The business shall be operated in accordance with the Letter of
Request and House Rules submitted as part of this application. Once
the business operator has been selected, a revised Letter of Operation,
that ensures that the use will be a recuperative care facility, and an
operations plan to ensure that the use will operate in a manner that
will not create negative impacts to the surrounding community, shall
be submitted to the Planning Department for review by the Police
Department and approval by the Planning Director to determine
substantial conformance with the Letter of Request and to ensure
compatibility with the surrounding uses.
Planning and Building
Department,
Planning Services
Division
Police Department
3 The facility shall not be operated as an “Emergency Shelter” as
defined in Section 50801(e) of the California Health and Safety Code.
The facility operator shall provide short‐term care and case
management to individuals who are homeless or at risk of being
homeless who have been referred by or discharged from a licensed
medical facility who are recovering from an acute illness or injury that
does not necessitate hospitalization during recovery. All clients shall
be transported to the facility by the business operator or family
members. No “walk-in” clients shall be accepted at the facility.
Planning and Building
Department,
Planning Services
Division
4 The facility operator shall comply with with all State and/or Federal
licensing requirements and the standards specified in the latest version
of the Standards for Medical Respite Programs, prepared by the
National Health Care for the Homeless Council.
Planning and Building
Department,
Planning Services
Division
- 8 - PC2018-***
5 There shall be no outdoor activities or loitering in the common area
adjacent to the residential properties to the north (rear property line)
after 8:00 p.m. seven days a week. This restriction may be modified,
subject to review and approval by the Planning and Building Director
to ensure that the adjacent residential properties are not impacted by
any outdoor activities in this area.
Planning and Building
Department,
Planning Services
Division
6 Prior to occupancy and initial operation of the facility, the name and
telephone number of an on-site manager shall be provided to the Code
Enforcement Division of the Planning Department. This person shall
be responsible for responding to any concerns regarding the
operations of the facility at all times. The owner and operator shall
contact the Code Enforcement Division at (714) 765-5158 to
coordinate this contact information. Any staffing changes to this
position shall be reported to the Code Enforcement Division within
30 days.
Planning and Building
Department,
Code Enforcement
Division
7 a. Closed circuit television (CCTV) security system shall be
installed within the following coverage areas:
Interior lobby entrances and hallways
Building perimeter, parking lot and exterior pedestrian entry
Common Areas
b. If security cameras are not monitored, signs indicating so should
be placed at each camera.
c. CCTV monitors and recorders should be secured in a separate
locked compartment to prevent theft of, or tampering with, the
recording.
d. With advances in technology, digital and wireless CCTV security
systems are readily available and highly recommended over older
VHS or “Tape” recording systems.
e. CCTV recordings should be kept for a minimum of 30 days before
being deleted or recorded over.
Police Department
8 a. Address number shall be positioned so as to be readily readable
from the street. Main building numbers should be a minimum
height of 12”. Numbers should be illuminated during hours of
darkness.
b. Rooftop address numbers shall be provided for the police
helicopter. Numbers shall be a minimum size of 4 feet in height
and 2 feet in width. The lines of the numbers are to be a minimum
of 6 inches thick. Numbers should be spaced 12 to 18 inches apart.
Numbers should be painted or constructed in a contrasting color
to the roofing material. Numbers should face the street to which
the structure is addressed. Numbers are not to be visible from
ground level.
Police Department
- 9 - PC2018-***
9 SIGNAGE:
a. “No Trespassing 602(k) P.C.” posted at the entrances of parking
lots and located in other appropriate places (i.e., Resident
gathering points and access points, bicycle parking, etc.). Signs
must be at least 12” wide x 24” high in overall size, with white
background and black 2” lettering.
b. All entrances to parking areas should be posted with appropriate
signs per 22658(a) C.V.C. to assist in removal of vehicles at the
property owner’s/manager’s request.
Police Department
10 a. Monument signs and addresses shall be well lighted during hours
of darkness.
b. Adequate lighting of parking lots, circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall
be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on
or about the premises during the hours of darkness and provide a
safe, secure environment for all persons, property, and vehicles
on-site.
c. Minimum recommended lighting level in all parking lots in 0.5
foot-candle maintained, measured at the parking surface, with a
maximum to minimum ratio no greater than 15:1.
Police Department
11 a. Common rooms, such as recreation areas, laundry rooms,
conference rooms, etc., should have transparent doors, view
panels installed in solid doors, or have a window installed next to
the door for increased visibility into the room.
b. Doorways, alcoves, etc., should not be recessed to the extent that
a place is created for a person to stand and go unobserved.
Police Department
12 A detailed emergency action plan, for persons both with and without
disability, shall be provided to the Police and Fire Departments.
This shall include (but not limited to):
Emergency Evacuation/Escape Plan
Shelter in Place Plan
Police Department
13 All trash generated from the facility shall be properly contained in
trash bins located within an approved trash enclosure(s). 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.
Planning and Building
Department,
Code Enforcement
Division
Public Works
Department,
Sanitation Division
- 10 - PC2018-***
14 Submit Solid Waste Management Plan to Public Works Department
for review and approval. If food will be served, include plan for
disposal of excess food and/or space for an organics cart/bin for scraps
to comply with AB1826. Provide separate grease container, if
applicable.
Planning and Building
Department,
Public Works
Department,
Sanitation Division
GENERAL CONDITIONS
15 The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning Department
and as conditioned herein.
Planning and Building
Department
Planning Services
Division
16 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively referred
to individually and collectively as “Indemnitees”) from any and all
claims, actions or proceedings brought against Indemnitees to attack,
review, set aside, void, or annul the decision of the Indemnitees
concerning this permit or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other costs,
liabilities and expenses incurred by Indemnitees in connection with
such proceeding.
Planning and Building
Department,
Planning Services
Division
17 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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 may result in the
revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
ATTACHMENT NO. 2
1
HOUSE RULES
Welcome to Anaheim Recuperative Care. As a new client, you are expected to read and follow
the rules and community guidelines below.
RULES AND EXPECTATIONS
1. No acts or threats of violence
2. No use of drugs or alcohol
3. Demonstrate appropriate and acceptable behavior
4. Be present for all meals – Mealtime is a time to build community. It is an opportunity
for you to practice new behaviors and have positive experiences, even if you are not
hungry or choose not to eat. Do not bring your phone or make calls during while dining.
Practice the art of conversation.
5. Follow directions – “We don’t ask people to do things that we haven’t done or wouldn’t
do ourselves. You are encouraged to practice willingness and humility and to follow
directions.
6. Be conscious of the physical environment, pick up after yourself. Be respectful and
avoid behaviors such as negative attitudes, being loud or disruptive or using profanity to
express your feelings.
7. Wear appropriate clothing and headgear – Practice respect for yourself through good
hygiene and wearing appropriate clothing. No negative logos/saying on shirts are
allowed and shirts with sleeves must be worn in the dining area. Show respect for
others by always removing sunglasses, hats and other headgear indoors.
2
8. Express feelings and frustrations in the appropriate place – Your feelings are valid.
Groups are designed to be a safe arena for expression but outside of a group setting
(“on the floor”) is not the place for arguments or temper tantrums. Your feelings need
expression to avoid building resentment. Speak with a staff member when you need a
group in order to express your feelings in an appropriate manner.
9. Headphones are only to be worn at designated times – We are a community that
encourages social interaction. Wearing headphones does not allow for conversation or
interaction, promotes isolation and is an obstacle to building friendships. Headphones
cannot be worn during meals, meetings or any other community activity.
10. Negative behavior – If a client demonstrates negative behavior they may be given some
learning experiences. The intent is to guide the client to understand the cause and
nature of the negative behavior. Learning experiences are not used for power or control
and are designed to move a person towards more positive behaviors. Learning
experiences may include the loss of privileges, limited contact with other clients,
additional work or writing assignments all of which enable a client the opportunity to
reflect on the negative behavior. The client is encouraged to demonstrate on a
consistent basis willingness to avoid repeated episodes of negative behavior.
3
COMMUNITY GUIDELINES
Items that are never allowed on the facility or in your rooms:
1. Mouthwash that contains alcohol
2. Candles or Incense
3. Smoking or vapes
4. Drugs or alcohol
5. Any object that may be deemed a weapon
6. Or excessive amounts of food
a. You may keep all other clothing and personal belongings within space limits.
• Money – If you have money, debit cards, credit cards etc. in your possession upon your
arrival they will be sent home with the person who brought you, mailed to a person you
designate or kept in the safe. It is not a good idea to keep large amounts of money in
your possession. While you are at Anaheim Recuperative Care you are not to have more
than $20.00 on your person – you will not have need for more than that and it removes
a temptation that could keep you safe. Your needs will be provided for throughout your
stay.
• Visits – When you first arrive you will need time to orient to your new surroundings and
to develop peer relationships. We need time to get to know you. With this in mind we
do not encourage visits during your first month in our community. Instead we
encourage you to expand your circle of friends within the community. If you wish to
request a visit you may submit a “Visiting and Outing” request to a staff member for
review and signature. Visiting is limited to immediate family members only to
encourage family reunification. Approvals of visits and outings requests are based on
4
your demonstration and your individual situation. All visitors are asked to attend an
orientation the first time they come. All visits are to be conducted in public areas. Any
packages brought to you by a visitor must be screened by staff before they can be given
to the client.
• Phone privileges – Upon arrival you will be allowed to call your immediate family and let
them know where you are and that you are safe. We have pay phones located in
designated areas of the facility.
• Mail – When mail arrives it will be distributed to each staff member. Staff members will
then distribute mail to you at an appropriate time. Remember, you may not have more
than $20.00, gift cards, etc. in your possession; bank cards will be given to the Program
Director, or their designee, for safekeeping. Outgoing mail must be approved by your
staff member prior to mailing. After the mail is approved by the staff member initialing
it, it is placed in the outgoing mail basket.
• Supervision of Clients – All clients will be checked every hour to verify their presence on
campus. A staff member will be responsible for hourly client checks between 10:00 pm
and 6:00 am.
• Accountability of Clients –Personal accountability is a characteristic many of us need to
develop. Staying within the perimeter of the campus is a way to be accountable. These
boundaries are not to be crossed without the supervision of a staff member. On
occasions where a client has permission to be off campus they will be accompanied by
support and are required to sign in and out. Anaheim Recuperative Care is responsible
for accounting for the whereabouts of clients at all times.
Explanation of Standards and what is Recuperative Care
Short‑term care and case management provided to individuals who have been referred by or
discharged from a government, community or licensed medical facility who are recovering from
an acute illness or injury that generally does not necessitate hospitalization during recovery.
Such illnesses may be exacerbated by their living conditions (e.g., street, shelter or other
unsuitable places, or absence of caregiver). Individuals are either homeless or at risk of being
homeless, or have the absence of a caregiver, and have a medical condition requiring
postacute clinical care.
Governing Body for Recuperative Care
There is no official governing body for recuperative care only recommended standards. (See
Standards for Medical Respite Programs 2016). In addition, privately funded nonprofits are not
licensed, governed, nor audited.
Nonprofits we work with get funding from state and federal agencies are audited by funders.
For example they work with:
Department of Health Care Services (DHCS) State Funding and Licensing
CDCR State Funding
Fire Marshall City Inspection
Drug MediCal State Funding
In addition, our nonprofit partners also go through rigorous accreditation process with the
Commission on Accreditation of Rehabilitation (CARF). They are a nationally recognized
accreditation organization for rehabilitation centers. Accreditation is maintained through and
quarterly reports and annual onsite audits.
Justification for 75 Beds
Based on the Therapeutic Community Model (TCM) , community is the agent of change. Rooms
are designated to be dormitory style whose primary function is a place to sleep and rest. Clients
spend time together in community rooms, eat meals together, and have regulated schedules
with on site service providers.
Our facilities average a daytime 1:12 clienttostaff ratio including staff for health care
specialists, employment specialists, case managers, counselors, food staff, drivers, and
maintenance crew. Our nighttime averages a 1:20 clienttostaff ratio.
ATTACHMENT NO. 3
(Recommended 3bedroom layout with furniture)
According to state requirements (see attachment), each 3 person room is required to be a
minimum of 90 sq ft. Our facility at Anaheim Recuperative Care ensures 140 sq ft/room for 3
people, 50 sq ft more than the state requirements. In addition, the state requires a minimum of
1:10 toilettoperson ratio and a 1:20 showertoperson ratio. Our facility offers 1:3
toilettoperson and 1:3 showertoperson, over 3 times more than is required by the state.
(Example of 3 bed layout at Beacon House)
(Anaheim Recuperative Care, Recreation Room)
(Anaheim Recuperative Care, Courtyard)
[Amistad de Los Angeles, operated by Amity Foundation]
For example, Amistad de Los Angeles (operated by Amity) is a 20,000 finished sq ft building
operating 184 beds, translating to 108 SF/bed. Anaheim Recuperative Care is a 8,224 sq ft
building operating 75 beds meets the same density requirements at 109 SF/bed.
About Upward housing
Upward Housing is social enterprise creating turnkey housing and facilities for marginalized
and atrisk communities.
We acquire, reposition, and develop buildings for our operating partners to offer its clients an
opportunity at upward social mobility. Our close partnerships allow each of our buildings to
meet our operator ’s specific programming standards, including facility requirements to meet
federal, state, county, and city funding criteria.
We maintain safe and clean buildings that meets current life safety, ADA and OSHA
requirements. We are committed to work towards creating a better civil society by providing
essential housing and service facilities, one building at a time.
Our Properties
6th Street Building
Operator HealthRight 360, $100+ million revenue
Operating Years: 2010 Current
202 bed facility
52,596 Finished SF / 37,615 SF Lot Size
Outcomes: over 90% success rate, with 10% of clients housed and employment
ready per month
Beacon House
Operator: Amity Foundation, $30+ million revenue*
58 bed facility
7,500 Finished SF / 9,301 SF Lot Size
Launched in May 2018
Photos
*won 5year state contract for $140 million
JM Woods House
Operator: Amity Foundation, $30+ million revenue
80 bed facility
Launching in July 2018
12,069 Finished SF / .31 Acres Lot Size
Anaheim Recuperative Care
Sprinkler Alarms and meets ADA requirements
25 room facility, each with its own bathroom
Common space: 1 interior courtyard, 1 dining room, 2 offices, 1 kitchen, 1
recreation room
8,224 Finished SF, .70 Acre Lot
Standards for
Medical Respite Programs
October 2016
ATTACHMENT NO. 4
National Health Care for the Homeless Council । www.nhchc.org 2
This project is supported by the Health Resources and Services Administrators (HRSA) of the U.S.
Department of Health and Human Services (HHS) under cooperative agreement number U30CS09746,
National Training and Technical Assistance Cooperative Agreement, for this budget year’s total
cooperative agreement award of $1,625,741.00, and 0% of this total NCA project financed with
nonfederal sources. This information or content and conclusions are those of the author and should not
be construed as the official position or policy of, nor should any endorsements be inferred by HRSA,
HHS, or the U.S. Government.
National Health Care for the Homeless Council । www.nhchc.org 3
About the medical respite standards
Medical respite care is acute and post-acute medical care for homeless persons who are too ill or frail to
recover from a physical illness or injury on the streets but are not ill enough to be in a hospital. Unlike
“respite” for caregivers, “medical respite” is short-term residential care that allows homeless individuals
the opportunity to rest in a safe environment while accessing medical care and other supportive
services. Medical respite care is offered in a variety of settings including freestanding facilities, homeless
shelters, motels, nursing homes, and transitional housing.
The terms “medical respite care” and “recuperative care” are used interchangeably to describe the same
service. “Recuperative Care” is defined by the Health Resources and Services Administration as “short‐
term care and case management provided to individuals recovering from an acute illness or injury that
generally does not necessitate hospitalization, but would be exacerbated by their living conditions (e.g.,
street, shelter or other unsuitable places).” The Respite Care Providers’ Network adopted the term
“medical respite care” on the grounds that it is more encompassing than the literal meaning of the term
“recuperative.”
Medical respite care is a fairly recent phenomenon with the earliest programs beginning in the mid
1980’s. As the need for medical respite care for people experiencing homelessness has grown,
communities have responded by developing their own unique programs using the resources available to
them. Today, nearly 80 medical respite programs are available in 29 states and in Washington, D.C. and
a number are in development. While all of these programs provide a critical service, they vary
significantly in their scope and intensity of services. These standards aim to eliminate ambiguity about
what constitutes medical respite care and create a foundation for program operations.
In 2011, the Steering Committee of the Respite Care Providers’ Network addressed the need to establish
standards for medical respite care in order to improve quality and consistency across a range of
programs and to improve opportunities for research and federal funding for medical respite care. A Task
Force of medical respite care experts was charged with developing standards that (1) align with other
health industry standards related to patient care, (2) reflect the needs of the patients being served in
the medical respite setting, (3) promote quality care and improved health, and (4) are achievable for a
range of medical respite programs with varying degrees of resources.
The following standards are not intended to serve as a “one-size fits all” approach to delivering medical
respite care. Rather, they serve as a framework to help medical respite programs operate safely,
effectively, and seamlessly with local health care systems, and to promote program development and
growth.
National Health Care for the Homeless Council । www.nhchc.org 4
These standards are written to accommodate program services delivered through formal partnerships
or affiliations. Many medical respite programs exist as partnerships between two or more organizations
that together provide the services referenced in this document. For example, a medical respite program
may be jointly operated and administered by a housing provider and health center. In such cases, facility
standards might be met by the housing provider while health care related standards might be met by
the partnering/affiliated health care entity.
This document does not replace local, state, and federal regulations related to health and safety.
Medical respite programs are expected to meet all applicable local, state, and federal regulations.
Acknowledgements
The National Health Care for the Homeless Council thanks the members of the Medical Respite
Standards Development Task Force for its work in developing these standards:
Sabrina Edgington, MSSW, National Health Care for the Homeless Council, Nashville
Leslie Enzian, MD, Harborview Medical Center, Seattle
Henry Fader, JD, Pepper Hamilton LLP, Philadelphia
Jessie Gaeta, MD, Boston Health Care for the Homeless Program, Boston
Joanne Guarino, Consumer, Boston Health Care for the Homeless Program, Boston
Nancy Hanson, MSW, Interfaith House, Chicago
Tim Johnson, BA, BBA, Harmony House, Houston
Brooks Ann McKinney, MSW, Mission Health and Hospitals, Asheville
Alice Moughamian, RN, CNS, San Francisco Medical Respite and Sobering Center, San Francisco
Dawn Petroskas, RN, PhD, Hennepin County Public Health, Minneapolis
Additional gratitude is expressed to the Respite Care Providers’ Network Steering Committee, medical
respite program representatives who submitted public comments, and to the Health Resources and
Services Administration for their support.
National Health Care for the Homeless Council । www.nhchc.org 5
The Task Force believes that the medical respite standards reflect and respond to the following
circumstances:
People experiencing homelessness suffer profound disparity in health and mortality compared to
the general population.
Hospital lengths of stay are generally decreasing across all medical conditions and acute and post-
acute medical care is increasingly being delivered on an outpatient basis.
People need a safe, stable and supportive place to recover from illness and injury.
Recovery is extremely difficult on the streets; shelters generally are not equipped to support people
who are sick or injured.
Homelessness itself causes and exacerbates existing medical conditions, and makes adherence to
treatment plans more difficult.
Medical respite programs promote connections to primary and behavioral health care and decrease
hospital utilization; thus, improving efficiency and reducing costs in health systems.
Medical respite programs are critical to community efforts to end homelessness.
National Health Care for the Homeless Council । www.nhchc.org 6
Standards for Medical Respite Programs
Standard 1 Medical respite program provides safe and quality accommodations
Standard 2 Medical respite program provides quality environmental services
Standard 3 Medical respite program manages timely and safe care transitions to medical respite
from acute care, specialty care, and/or community settings
Standard 4 Medical respite program administers high quality post-acute clinical care
Standard 5 Medical respite program assists in health care coordination and provides wrap-around
support services
Standard 6 Medical respite program facilitates safe and appropriate care transitions from medical
respite to the community
Standard 7 Medical respite care is driven by quality improvement
National Health Care for the Homeless Council । www.nhchc.org 7
Standard 1: Medical respite program provides safe and quality
accommodations
Medical respite programs provide patients with space to rest and perform activities of daily living (ADLs)
while receiving care for acute illness and injuries. As such, the physical space of medical respite
programs should be habitable and promote physical functioning, adequate hygiene, and personal safety.
Criteria:
1. A bed is available to each patient for 24 hours a day while admitted to the program.
2. Onsite showering and laundering facilities are available to patients to promote proper
hygiene.
3. Clean linens are provided upon admission.
4. The medical respite facility is accessible to people who have mobility impairments and other
physical disabilities.
5. The medical respite facility provides access to secured storage for personal belongings and
medications (when the program is not authorized to store/dispense medication by
applicable governing bodies).
6. Food services meet applicable public health department guidelines for food handling.
Note: If partnering with another organization to provide food services, the partnering
organization agrees that they meet this criterion in a written formal agreement.
7. At least three meals per day are provided.
a. Non-congregate settings (including private and semi-private rooms in apartments or
motels) may provide unprepared food if a fully equipped kitchen is available to the
patient. If a kitchen is made available, it is safe and hygienic and includes proper
refrigeration and disposal of trash.
b. Meals and unprepared food accommodate medical diets.
8. Medical respite programs located in congregate facilities maintain 24-hour staff presence.
On-site staff (either clinical or non-clinical) is trained at minimum to provide first aid and
basic life support services and communicate to outside emergency assistance.
9. Medical respite programs have 24-hour on-call medical support or a nurse call-line for non-
emergency medical inquiries when clinical staff is not on site.
10. The organization has written policies and procedures for responding to life-threatening
emergencies.
11. The medical respite program is compliant with local and/or state fire safety standards
governing its facility.
National Health Care for the Homeless Council । www.nhchc.org 8
12. The medical respite program has a written code of resident conduct or behavioral
agreement that describes program policies including potential causes for early discharge.
13. The medical respite program has plans in place and staff trainings to address:
a. the handling of alcohol, illegal drugs, and unauthorized prescription drugs found on site.
b. the handling of weapons brought into the facility, including strategies to maximize client
and staff safety, and appropriate staff response to violence.
National Health Care for the Homeless Council । www.nhchc.org 9
Standard 2: Medical respite program provides quality environmental services
Like other clinical settings, medical respite programs must manage infectious disease and handle
biomedical and pharmaceutical waste. Medical respite programs should follow applicable local or state
guidelines and regulations related to hazardous waste handling and disposal, disease prevention, and
safety. Written policies and procedures described below should reflect applicable local, state, or federal
guidelines and regulations.
Criteria:
1. The medical respite program has a written policy and procedure for safe storage, disposal and
handling of biomedical and pharmaceutical waste, including expired or unused medications and
needles.
2. The medical respite program has a written protocol for managing exposure to bodily fluids and
other biohazards.
3. When patient medications are stored and/or handled by staff, the medical respite program
follows state regulations for the storage, handling, security, and disposal of patient medications.
4. The medical respite program has written protocols in place to promote infection control and the
management of communicable diseases (e.g. scabies, Methicillin-resistant Staphylococcus
aureus (MRSA)).
5. The medical respite program follows applicable reporting requirements for communicable
diseases.
6. The medical respite premises and equipment are cleaned and disinfected according to policies
and procedures or manufacturers’ instructions to prevent, minimize, and control infection or
illness.
7. A pest control program is implemented and documented.
National Health Care for the Homeless Council । www.nhchc.org 10
Standard 3: Medical respite program manages timely and safe care transitions
to medical respite from acute care, specialty care, and/or community settings
Care transitions refer to the movement of patients between health care locations, providers, or different
levels of care within the same location as their conditions and care needs change. Care transition
initiatives aim to improve quality and continuity of care and reduce the chances of medical errors that
can occur when patient care and information is transferred to another provider.
Criteria:
1. Medical respite program maintains clear policies and procedures for the screening and
management of referrals into the medical respite program including:
a. Written admissions criteria
b. Review for clinical appropriateness
c. The point of contact or phone number for referrals
d. Clinical summary
e. Referral decision time and communication back
f. HIPAA compliant communication
2. The medical respite program maintains standards for admitting practices:
a. Each patient admitted to medical respite program has a designated medical respite provider
of record
b. The medical respite program performs medication reconciliation
c. The medical respite program screens for and honors existing advance directives
d. The medical respite program notifies existing primary care providers about a patient’s
transition into the program
National Health Care for the Homeless Council । www.nhchc.org 11
Standard 4: Medical respite program administers high quality post-acute
clinical care
In order to ensure adequate recuperation from illness and injury, medical respite programs must
provide an adequate level of clinical care. Medical respite programs need qualified medical respite
personnel to assess baseline patient health, make ongoing reassessments to determine whether clinical
interventions are effective, and determine readiness for program discharge. High quality clinical care
responds to the patients’ needs and goals and promotes interdisciplinary team work.
Clinical care may be provided by a partner organization as long as all of the criteria below are met. In the
event that clinical care is delivered by another provider, that relationship should be documented in a
written contract or agreement. The contract or agreement should address the criteria below.
Criteria:
1. A medical record is maintained for each patient and its content, maintenance, and
confidentiality meet the requirements set forth in federal and state laws and regulations.
Note: Medical records may be maintained by an off-site health care organization that assumes
responsibility for the clinical care of patients while in the medical respite program provided all
privacy laws are followed in the sharing of patient information and access to such information.
2. Appropriate medical respite staff conducts a baseline assessment of each patient to determine
factors that will influence care, treatment and services. For each patient, the baseline
assessment includes:
a. Current diagnoses, pertinent history, medication history (including allergies and
sensitivities), current medications, and current treatments
b. Physical and mental health status
c. Behavioral health needs, including substance abuse
d. Pain status, as needed
e. Fall risk
f. Immunization status (at minimum influenza, consider other age appropriate vaccinations)
3. With each patient, an individualized care plan is developed specifying treatments, desired
outcomes or goals, and discharge indicators.
4. Clinical encounters are conducted based on individualized care plans or changes in patient
conditions.
5. Patients receive at least one wellness check every 24 hours by medical respite staff (clinical or
non-clinical). Changes in the patient’s condition or patient concerns are communicated to the
designated medical provider.
6. When various professional disciplines are involved in the care plan, care, treatment, and
services are provided to the patient in an interdisciplinary, collaborative manner.
National Health Care for the Homeless Council । www.nhchc.org 12
Standard 5: Medical respite program assists in health care coordination and
provides wrap-around support services*
Medical respite programs are uniquely positioned to coordinate care for a complex population of
patients who may otherwise face barriers to adequately navigate and engage in support systems. Case
managers can improve coordination of care by brokering linkages to community and social supports in
order to help patients transition out of homelessness and achieve positive health outcomes.
Criteria:
1. The medical respite program designates staff to coordinate health care. Care coordination
activities include:
a. Supporting the patient in developing self-management goals. Self-management goal setting
is a collaborative approach to help patients increase understanding of actions that affect
their health and develop strategies to live as fully and productively as possible
b. Helping patients navigate health systems and establish an ongoing relationship with primary
care providers/patient-centered medical homes
c. Coordinating or providing transportation to and from medical appointments and support
services
d. Facilitating patient follow up for medical appointments and accompanying the patient to
medical appointments when necessary
e. Ensuring communication occurs between medical respite staff and outside providers to
follow up on any changes in patient care plans
f. Providing access to local phone service during the medical respite stay
g. Making referrals to substance use and/or mental health programs, as needed
2. The medical respite care team provides wrap around services including the following as
appropriate (the services are either provided internally or contracted for).
a. Facilitating access to housing, including supportive housing when appropriate
b. Identifying community resources as indicated
c. Submitting applications for SSI/SSDI, food stamps, Medicaid, and/or other federal/state
benefit programs
d. Providing access to social support groups (e.g., cancer support, addiction support).
e. Facilitating family/caregiver interaction
* The Federal Health Center Program uses the term enabling services to describe wrap-around support
services. Per Section 330(b)(1)(A)(iv), enabling services are non-clinical services that do not include
direct patient services that enable individuals to access health care and improve health outcomes.
Enabling services include case management, referrals, translation/interpretation, transportation,
eligibility assistance, health education, environmental health risk reduction, health literacy, and
outreach.
National Health Care for the Homeless Council । www.nhchc.org 13
Standard 6: Medical respite program facilitates safe and appropriate care
transitions out of medical respite care.
Medical respite programs have a unique opportunity to influence the long-term health and quality of life
outcomes for individuals experiencing homelessness. A formal approach to the transition of care when
patients are discharged from medical respite will optimize the chances for success.
Criteria:
1. Medical respite program maintains clear policies and procedures for discharging medical respite
patients back into the community.
a. The medical respite program has a written discharge policy. The policy specifies the
personnel authorized to make discharge decisions.
b. Patient is informed of the discharge policy and procedure.
c. Patients are given a minimum of 24 hours’ notice prior to being discharged from the
program (exceptions for administrative discharges in the event of inappropriate behavior).
2. The medical respite program maintains standards for discharging practices:
a. Upon discharge, a discharge summary is made available to the patient. Discharge
instructions can be made available within a reasonable period of time. The discharge
instructions may include the following:
Written medication list and medication refill information (i.e., pharmacy)
Medical problem list, allergies, indications of a worsening condition, and how to
respond
Instructions for accessing relevant resources in the community
List of follow-up appointments and contact information
Special medical instructions (e.g., weight bearing limitations, dietary precautions,
wound orders)
b. Adequate protocols are in place for transferring patient information (or access to e-record)
to appropriate community providers.
c. A discharge summary generated by the medical respite clinical team is forwarded to the
primary care provider. The summary may include:
Admitting diagnosis, medical respite course, and disposition
Allergies
Discharge medication list
Follow up instruction list
Any specialty care and/or primary care follow up appointments scheduled
Patient education/after care instructions
List of pending procedures or labs that require follow up
Communicable disease alerts
Behavioral alerts
Any pain management plan
Any follow-up actions needed as a result of health insurance applications or other
benefits initiated while at the medical respite program
Contact information for treating providers
Exit placement
National Health Care for the Homeless Council । www.nhchc.org 14
d. For patients returning to the hospital, a clinical summary is generated by the medical respite
clinical team to describe the reason for return.
e. The medical respite program has a policy and procedure that addresses non-routine
discharge including but not limited to death and elopement.
f. Patients are provided with options for placement after discharge from the medical respite
program. Every effort is made to transition patients to a living situation that is acceptable to
the patient. Patient should be given information about community resources and where to
follow up with pending applications.
National Health Care for the Homeless Council । www.nhchc.org 15
Standard 7: Medical respite care is driven by quality improvement
Quality improvement consists of systematic and continuous actions that lead to measurable
improvement in the services provided in the medical respite program. The integrity of a medical respite
program rests on its ability to provide meaningful and quality services to a complex population. As such
medical respite programs have policies and procedures in place to ensure that their personnel are
qualified and effective in improving the health of people experiencing homelessness.
Criteria:
1. The program establishes and annually updates a quality improvement plan. The quality
improvement plan includes essential information on how the program will implement and
monitor high quality clinical and enabling services.
2. Self-audits and/or peer reviews are conducted at least annually as part of the quality
improvement plan. Self-audit and peer reviews are regular reviews of client files to ensure that
appropriate standards are maintained in the provision of care.
3. The medical respite program has a written patient grievance policy and procedure.
4. The medical respite program has a written procedure for managing and reporting incidents,
including patient falls.
5. Staff employed by the program have written job descriptions and meet the qualifications
required by such job descriptions. The job description defines the competencies of employees
involved in patient care, treatment or services.
6. The credentials of licensed and certified professionals (employed, contracted, and volunteer)
are initially verified and subsequently reviewed at least every two years per program policy.
7. To the extent the program or organization utilizes volunteers in providing care, treatment, or
services, there will be written procedures in place to screen volunteers to ensure patient safety.
All clinical volunteers are credentialed per programs credentialing process for their relevant
scope of practice.
8. The administering agency employs or appoints a Medical Director to oversee the medical
aspects of the program. The Medical Director is a licensed provider who is an (NP, PA, MD, DO).
9. Performance reviews are conducted annually for all employees pursuant to written human
resource policies. For clinical staff, the performance review includes an evaluation of the quality
of clinical care provided.
10. The medical respite program establishes a training plan to equip employees, volunteers,
contractors with necessary skills to maintain a safe and quality-oriented environment. Training
topics may include:
a. Health information privacy and HIPAA regulations
b. De-escalation
c. Non-discrimination and cultural competency
National Health Care for the Homeless Council । www.nhchc.org 16
d. Sexual harassment
e. Bloodborne pathogen exposure
f. Incident reporting
g. Timely and complete documentation of clinical care
11. The medical respite program conducts a patient experience of care survey.
National Health Care for the Homeless Council । www.nhchc.org 17
About the National Health Care for the Homeless Council
The National Health Care for the Homeless Council is a network of doctors, nurses, social workers,
patients, and advocates who share the mission to eliminate homelessness.
Since 1986 we have been the leading organization to call for comprehensive health care and secure
housing for all. We produce leading research in the field and provide the highest level of training and
resources related to care for persons experiencing homelessness.
We collaborate with government agencies and private institutions in order to solve complex problems
associated with homelessness. Additionally, we provide support to more than 200 public health centers
and Health Care for the Homeless programs in all 50 states.
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ANAHEIM RECUPERATIVE CARE
Eastview of existing bedroom
Eastview of existing bedroom
ATTACHMENT NO. 6
Eastview of existing dining area
Northview of existing recreation room
Northview of existing hallway
Northview of existing hallway
Eastview of existing courtyard
Westview of existing bedroom
Westview of existing bedroom
Eastview of outdoor common space area
East Elevation, 280 N Wilshire Ave, Anaheim, CA 92801
East Elevation, 280 N Wilshire Ave, Anaheim, CA 92801
West Elevation, 280 N Wilshire Ave, Anaheim, CA 92801
West Elevation, 280 N Wilshire Ave, Anaheim, CA 92801
Bird’s Eye View, 280 North Wilshire Ave, Anaheim CA 92801
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 3
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MAY 30, 2018
SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05948
LOCATION: 2101 West Crescent Avenue, Suite A (Fullerton Agape Church)
APPLICANT/PROPERTY OWNER: The applicant is Sue Kim representing the
Fullerton Agape Church. The property owner is Trifreeway Business Partner LP.
REQUEST: The applicant requests approval of a Conditional Use Permit (CUP) to
permit and retain an existing church within an industrial and office complex.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1, Existing
Facilities) and approving Conditional Use Permit No. 2017-05948.
BACKGROUND: An industrial and office complex, with four single story buildings,
is located on the subject 3.44-acre property. The property is located within the "I"
Industrial zone and the General Plan designates the property for Industrial land uses.
Surrounding land uses include an Anaheim Fire Station to the west across Valley Street,
apartments to the south across Crescent Avenue, a water retention basin to the east, and
industrial buildings to the north across a flood control channel. Four churches are
currently located within the industrial and office complex, including the subject Fullerton
Agape Church. The applicant is requesting to permit and retain a church in Suite A of the
industrial and office complex.
Jason Jeon established Fullerton Agape church in February 2014 and started services at
the subject location in March 2014. In June 2014, the City issued a business license for
an office use within the subject tenant space to an advertising consulting business owned
by the current Senior Pastor. That business is no longer operating and the church
currently uses the space. In June 2017, the Planning Commission approved a CUP for
the God is Love Church within the subject industrial and office complex. During the
processing of the CUP, the City discovered that there were three other churches within
the industrial and office complex operating without a CUP, Fullerton Agape Church,
Jungkm Church and Purely Evangelical Church. Code Enforcement sent a courtesy
notice to the applicant in August 2017, and again in October 2017, informing the church
operator of the need to apply for a CUP or to cease operating. In December 2017, the
applicant submitted an application for a CUP. The Code Enforcement case remains
active, pending a determination on this application. Jungkm church is applying for a CUP
and Purely Evangelical Church plans to relocate to Buena Park in the next few months.
CONDITIONAL USE PERMIT NO. 2017-05948
May 30, 2018
Page 2 of 5
This item was continued from the May 14, 2018 Planning Commission meeting due to the absence
of a quorum.
PROPOSAL: The applicant requests to permit and retain a 1,625 square foot church, located
within an existing industrial and office complex. The church has one staff member who is the
senior pastor. He is typically on-site during daytime hours from 8:00 a.m. to 5:00 p.m. with a few
visitors. The church has approximately 15 members with plans to grow up to 20 members over
the next three years. The church offers Sunday services from 11:00 a.m. to 1:00 p.m. and Bible
studies every other Tuesday and Friday from 6:00 p.m. to 8:00 p.m. on both days.
Project Site
CONDITIONAL USE PERMIT NO. 2017-05948
May 30, 2018
Page 3 of 5
FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional
use permit, it must make a finding of fact that the evidence presented shows that all of the
following conditions exist:
1) That the proposed use is properly one for which a conditional use permit is authorized
by this code;
2) 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;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular
area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
Churches are within the “Community and Religious Assembly” class of use. The Code permits
Community and Religious Assembly in the Industrial Zone, subject to approval of a CUP, to
ensure compatibility with the surrounding area. The City has not received any complaints
regarding the religious services since the church began operating in early 2014. The use
operates in a manner compatible with surrounding office, industrial, and residential uses, and
Staff does not anticipate that the use would create any adverse impacts to the surrounding area.
Conditions of approval to ensure that the church continues to operate in a compatible manner
have been included in the draft resolution. These conditions would require that all parking
occur on-site and prohibit a school use, or daycare other than Sunday Bible study, without prior
approval of a CUP.
The industrial and office complex has 185 parking spaces on site. The Zoning Code does not
specify a parking standard for Community and Religious Assembly; instead, Staff reviews a
Parking Letter or Parking Study, submitted by the applicant, which identifies the actual parking
demand of the church, to determine whether there is an adequate supply of parking for the use
on the property. The applicant submitted the attached Parking Tabulation Worksheet,
indicating the parking demand for their church and the adjacent uses as part of the application.
Based on the parking code requirements for the current uses in the center, the parking analysis
shows that the industrial and office complex requires a minimum of 131 spaces. There are 54
remaining spaces out of the 185 parking spaces for the existing churches to share.
CONDITIONAL USE PERMIT NO. 2017-05948
May 30, 2018
Page 4 of 5
The applicant conducted parking counts of the property in April 2018 during the Tuesday and
Friday evening services (6 p.m. – 8 p.m. on both days.), and the Sunday mid-day service (11
a.m. – 1 p.m.). As shown in the tables below, the applicant surveyed the entire industrial and
office complex and observed that vehicles occupied less than one third of the 185 parking
spaces:
Date Time Spaces
Occupied
Tuesday, April 17, 2018 6:30 p.m. 19
Tuesday, April 24, 2018 6:30 p.m. 22
Friday, April 20, 2018 7 p.m. 28
Friday, April 27, 2018 7 p.m. 30
Sunday, April 22, 2018 11 a.m. 56
Sunday, April 29, 2018 11 a.m. 55
In addition, Staff conducted parking counts on a Sunday in April at 12 p.m., during the
applicant’s church service, and observed that vehicles occupied 57 parking spaces throughout
the entire center.
Additionally, Code Enforcement has not received any complaints from the surrounding
residents regarding overflow or spillover parking into the adjacent neighborhoods or industrial
centers. Based on the parking counts provided by the applicant and those conducted by Staff,
the operation of services during off-peak hours, and the lack of parking-related complaints,
Staff believes that the church would have sufficient parking spaces available and would not
impose an undue burden on the adjacent industrial and residential uses. Staff received one
comment from a resident in the multifamily residential complex across the subject property
regarding on-street parking issues on Crescent Avenue. Since there is ample on-site parking
spaces within the industrial office complex, the parking concerns would not be a result of the
church use.
Environmental Impact Analysis: Staff recommends the Planning Commission find that the
effects of the proposed project are typical of those generated within the Class 1, Existing
Facilities, Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor
alteration of existing public or private structures or facilities, involving negligible or no
expansion of use beyond that existing at the time of this determination. The proposed project
is a request to permit and retain a church within an existing industrial and office building. As
such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to
Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there are no
unusual circumstances in respect to the proposed project for which Staff would anticipate a
significant effect on the environment and, therefore, the proposed project is categorically
exempt from the provisions of CEQA.
CONDITIONAL USE PERMIT NO. 2017-05948
May 30, 2018
Page 5 of 5
CONCLUSION: Staff believes that the existing church would be compatible with the
surrounding land uses. The number of on-site parking spaces are adequate to serve the church
and surrounding industrial uses based on the actual parking demand observed for the complex.
Conditions of approval have been included to ensure that the church continues to operate in a
compatible manner and provide sufficient parking for the use. For these reasons, Staff
recommends approval of this request, subject to the recommended conditions of approval.
Prepared by, Submitted by,
Lucita Y. Tong Susan Kim
Contract Planner, Civic Solutions Acting Planning Services Manager
Attachments:
1. Draft Conditional Use Permit Resolution
2. Letter of Request
3. Plans
4. Photos
5. Parking Tabulation Worksheet
IDEV 2017-00122INDUSTRIAL
IINDUSTRIAL
TO.C.F.C.D.
RM-2STANFORD COURT130 DU
RM-4TARA HILLAPARTMENTS368 DU
O .C .F .C .D .
O.C.F.C.D.
R M -4
O .C .F .C .D .
T (BCC)FIRE STATION
T (BCC)FIRE STATION
C-G (BCC)RETAIL
C-G (BCC)RETAIL
RAILROAD
5 FREEWAY
5 FREEWAY
W CRESCENT AVE
N
V A
L L
E Y S T
W GRA MERCY AVE
W LA FAYETTE DR
N C L E M S O N D R
N W A
K E F O R E S T D R
W H A R T F O R D P L
N C L E M S
O N D R
W. BROADWAY
W. LA PALMA AVE
W. LINCOLN AVE W.
N . E U C L I D S T
N . M A G N O L I A A V E
N .
B R O O K H U R S T
S T
W. CRESCENT AVE
W. ROMNEYA DR
W. LINCOLN AVE
W. CRESCENT AVE
2 1 0 1 W e s t Cr e sce n t A venue, Unit A
D E V N o . 2 0 1 7-00122
Subject Property APN: 072-060-32
°0 50 100
Feet
Aeria l Photo:Ma y 2 016
5 FREEWAY
5 FREEWAY
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N
V A
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E Y S T
W GRA MERCY AVE
W LA FAYETTE DR
N C L E M S O N D R
N W A
K E F O R E S T D R
W H A R T F O R D P L
N C L E M S
O N D R
W. BROADWAY
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W. LINCOLN AVE W.
N . E U C L I D S T
N . M A G N O L I A A V E
N .
B R O O K H U R S T
S T
W. CRESCENT AVE
W. ROMNEYA DR
W. LINCOLN AVE
W. CRESCENT AVE
2 1 0 1 W e s t Cr e sce n t A venue, Unit A
D E V N o . 2 0 1 7-00122
Subject Property APN: 072-060-32
°0 50 100
Feet
Aeria l Photo:Ma y 2 016
[DRAFT] ATTACHMENT NO. 1
- 1 - PC2018-***
RESOLUTION NO. PC2018-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05948
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00122)
(2101 WEST CRESCENT AVENUE, SUITE A)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05948
to permit and retain an existing community and religious assembly use for premises located at
that certain real property at 2101 West Crescent Street, Suite A, in the City of Anaheim, County
of Orange, State of California, as generally depicted on the map attached hereto as Exhibit A and
incorporated herein by this reference (the "Property"); and
WHEREAS, the Property consists of 1,625 square feet and is located on a 3.44-acre
parcel, that is currently developed with four single story industrial buildings. The Anaheim
General Plan designates the Property for Industrial land uses. The Property is located in the “I”
Industrial Zone and is subject to the zoning and development standards contained in Chapter
18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, notice of a public hearing before the Planning Commission at the Civic
Center in the City of Anaheim on May 14, 2018, at 5:00 was duly given as required by law and
in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and
consider evidence for and against the Proposed Project and to investigate and make findings and
recommendations in connection therewith, however, due to a lack of quorum the public hearing
was continued by the Planning Commission to its May 30, 2018 meeting; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 30, 2018 at 5:00 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
(Procedures) of the Code, to hear and consider evidence for and against Conditional Use Permit
No. 2017-05952, and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 –
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
- 2 - PC2018-***
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for Conditional Use Permit No. 2017-05948, does find
and determine the following:
1. The proposed request to permit and retain a church in an existing industrial
office complex is an allowable use within the "I" Industrial Zone under subsection .010 of
Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a
conditional use permit and the zoning and development standards of the "I" Industrial Zone.
2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area because the
Property is developed with industrial buildings and there are a sufficient amount of parking
spaces to accommodate the parking demand for the church.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare because the facility is located within an industrial building and a sufficient
number of on-site parking spaces and adequate vehicle circulation are provided on site.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on the
surrounding streets to accommodate the use.
5. The granting of Conditional Use Permit No. 2017-05948 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2017-05948, and further contingent upon and subject to the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 2017-05948 in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
- 3 - PC2018-***
Code. Timing for compliance with conditions of approval may be 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, (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 30, 2018. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2018-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 30, 2018 by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of May, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018-***
EXHIBIT “A”
DEV NO.2017-00122
Fullerton Agape Church
2101 W. Crescent Avenue, Suite A
Anaheim, CA
- 6 - PC2018-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2017-05948
(DEV2017-00122)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1 The facility shall comply with the occupancy requirements in
accordance with the California Building and Fire Codes. A Building
Permit shall be obtained within 90 days of the date of this resolution.
Planning and Building
Department,
Planning Services
Division
OPERATIONAL CONDITIONS OF APPROVAL
2 The only school activity in connection with this church shall be
religious or Bible study. This facility shall not be used as a private
daycare, nursery, elementary, junior and/or senior high school.
Planning and Building
Department,
Planning Services
Division
3 The facility shall operate in accordance with the Letter of Operation
submitted as part of the application. Any changes to the facility’s
operation described in the Letter of Operation shall be subject to
review and approval by the Planning Director to determine
substantial conformance with said letter and to ensure compatibility
with the surrounding uses.
Planning and Building
Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
4 Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the property owner shall be removed or
painted over within 24 hours of being applied.
Planning and Building
Department,
Code Enforcement
Division
5 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively referred
to individually and collectively as “Indemnitees”) from any and all
claims, actions or proceedings brought against Indemnitees to
attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
Planning and Building
Department,
Planning Services
Division
- 7 - PC2018-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
7 The subject Property shall be developed 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, and as conditioned herein.
Planning and Building
Department,
Planning Services
Division
8 The applicant shall maintain their security alarm system on-site as
part of the conditional use permit.
Police Department
ATTACHMENT NO. 2
SITE PLAN
Project Site
ATTACHMENT NO. 3
FLOOR PLAN
FULLERTON AGAPE CHURCH
Interior Worship Center
West Elevation
Lobby/Storage
Office
ATTACHMENT NO. 4
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4
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 4
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MAY 30, 2018
SUBJECT: CONDITIONAL USE PERMIT NO. 2017-05952
LOCATION: 2111 West Crescent Avenue, Suites F & G (Jungkm Church)
APPLICANT/PROPERTY OWNER: The applicant is Sharon Choi representing the
Jungkm Church. The property owner is Trifreeway Business Partner LP.
REQUEST: The applicant requests approval of a Conditional Use Permit (CUP) to
permit and retain an existing church within an industrial and office complex.
RECOMMENDATION: Staff recommends that the Planning Commission adopt the
attached resolution, determining that this request is categorically exempt from further
environmental review under the California Environmental Quality Act (Class 1, Existing
Facilities) and approving Conditional Use Permit No. 2017-05952.
BACKGROUND: An industrial and office complex, with four single story buildings,
is located on the subject 3.44-acre property. The property is located within the "I"
Industrial zone and the General Plan designates the property for Industrial land uses.
Surrounding land uses include an Anaheim Fire Station to the west across Valley Street,
apartments to the south across Crescent Avenue, a water retention basin to the east, and
industrial buildings to the north across a flood control channel. Four churches are
currently located within the industrial and office complex, including the subject Jungkm
Church. The applicant is requesting to permit and retain a church in Suites F and G of
the industrial and office complex.
Sinjun Choi established Jungkm Church in May 2016. The City issued the church a
business license in September 2016 for a church administration office. In January 2017,
the church started using the tenant spaces as an assembly hall for religious activity. In
June 2017, the Planning Commission approved a CUP for the God is Love Church within
the subject industrial and office complex. During the processing of the CUP, the City
discovered that there were three other churches within the industrial and office complex
operating without a CUP, Jungkm Church, Fullerton Agape Church and Purely
Evangelical Church. Code Enforcement sent a courtesy notice to the applicant in August
2017, and again in October 2017, informing the church operator of the need to apply for
a CUP or to cease operating. In November 2017, the applicant submitted an application
for a CUP. The Code Enforcement case remains active, pending a determination on this
application. Fullerton Agape Church is applying for a CUP and Purely Evangelical
Church plans to relocate to Buena Park in the next few months.
CONDITIONAL USE PERMIT NO. 2017-05952
May 30, 2018
Page 2 of 5
This item was continued from the May 14, 2018 Planning Commission meeting due to the
absence of a quorum.
PROPOSAL: The applicant requests to permit and retain a 1,876 square foot church, located
in two tenant spaces, within an existing industrial and office complex. The church has two
part-time employees and approximately eight adult members ranging from 35-45 years old.
There are no children or youth that attend the church at this time. The church offers Sunday
services from 11:00 a.m.-12:30 p.m. and Sunday Bible study from 12:30 p.m. to 3:00 p.m. for
about six to eight adults. In addition, approximately three to five adults attend a Friday night
prayer meeting from 8:00 p.m. to 9:30 p.m.
CONDITIONAL USE PERMIT NO. 2017-05952
May 30, 2018
Page 3 of 5
FINDINGS AND ANALYSIS: Before the Planning Commission may approve a conditional use
permit, it must make a finding of fact that the evidence presented shows that all of the following
conditions exist:
1) That the proposed use is properly one for which a conditional use permit is
authorized by this code;
2) 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;
3) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use, in a manner not detrimental to either the particular
area or health and safety;
4) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
5) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
Churches are within the “Community and Religious Assembly” class of use. The Code permits
Community and Religious Assembly in the Industrial Zone, subject to approval of a CUP, to
ensure compatibility with the surrounding area. The City has not received any complaints
regarding the religious services since the church began operating in early 2017. The use
operates in a manner compatible with surrounding office, industrial, and residential uses, and
Staff does not anticipate that the use would create any adverse impacts to the surrounding area.
Conditions of approval to ensure that the church continues to operate in a compatible manner
have been included in the draft resolution. These conditions would require that all parking
occur on-site and prohibit a school use, or daycare other than Sunday Bible study, without prior
approval of a CUP.
The industrial and office complex has 185 parking spaces on-site. The Zoning Code does not
specify a parking standard for Community and Religious Assembly; instead, Staff reviews a
Parking Letter or Parking Study, submitted by the applicant, which identifies the actual parking
demand of the church, to determine whether there is an adequate supply of parking for the use
on the property. The applicant submitted the attached Parking Tabulation Worksheet,
indicating the parking demand for their church and the adjacent uses as part of the application.
Based on the parking code requirements for the current uses in the center, the parking analysis
shows that the industrial and office complex requires a minimum of 131 spaces. There are 54
remaining spaces out of the 185 parking spaces for the existing churches to share.
CONDITIONAL USE PERMIT NO. 2017-05952
May 30, 2018
Page 4 of 5
The applicant conducted parking counts of the property in November 2017 during the Friday
evening services (8:00 p.m. – 9:30 p.m.) and the Sunday services (11:00 a.m. to 12:30 p.m.).
As shown in the tables below, the applicant surveyed the entire industrial center and observed
that vehicles occupied less than one third of the 185 parking spaces:
Date Time Spaces
Occupied
Friday, November 10, 2017 7:55 p.m. 38
Friday, November 17, 2017 7:55 p.m. 37
Sunday, November 12, 2017 10:55a.m. 48
Sunday, November 19, 2017 10:55a.m. 45
In addition, Staff conducted parking counts on a Sunday in April at 12:00 p.m., during the
applicant’s church service, and observed that vehicles occupied 57 parking spaces throughout
the entire center.
Additionally, Code Enforcement has not received any complaints from the surrounding
residents regarding overflow or spillover parking into the adjacent neighborhoods or industrial
centers. Based on the parking counts provided by the applicant and those conducted by Staff,
the operation of services during off-peak hours, and the lack of parking-related complaints on-
site, Staff believes that the church would have sufficient parking spaces available and would
not impose an undue burden on the adjacent industrial and residential uses. Staff received one
comment from a resident in the multifamily residential complex across the subject property
regarding on-street parking issues on Crescent Avenue. Since there is ample on-site parking
spaces within the industrial office complex, the parking concerns would not be a result of the
church use.
Environmental Impact Analysis: Staff recommends the Planning Commission find that the
effects of the proposed project are typical of those generated within the Class 1, Existing
Facilities, Categorical Exemption. Class 1 consists of the repair, maintenance, and/or minor
alteration of existing public or private structures or facilities, involving negligible or no
expansion of use beyond that existing at the time of this determination. The proposed project
is a request to permit and retain a church within an existing industrial and office building. As
such, the proposed project meets the criteria for a Class 1 categorical exemption. Pursuant to
Section 15300.02 (c) and 15301 of Title 14 of the California Code of Regulations, there are no
unusual circumstances in respect to the proposed project for which Staff would anticipate a
significant effect on the environment and, therefore, the proposed project is categorically
exempt from the provisions of CEQA.
CONDITIONAL USE PERMIT NO. 2017-05952
May 30, 2018
Page 5 of 5
CONCLUSION: Staff believes that the existing church would be compatible with the
surrounding land uses. The number of on-site parking spaces are adequate to serve the church
and surrounding industrial uses based on the actual parking demand observed for the complex.
Conditions of approval have been included to ensure that the church continues to operate in a
compatible manner and provide sufficient parking for the use. For these reasons, Staff
recommends approval of this request, subject to the recommended conditions of approval.
Prepared by, Submitted by,
Lucita Y. Tong Susan Kim
Contract Planner, Civic Solutions Acting Planning Services Manager
Attachments:
1. Draft Conditional Use Permit Resolution
2. Letter of Request
3. Plans
4. Photos
5. Parking Tabulation Worksheet
IDEV 2017-00126INDUSTRIAL
RM-2STANFORD COURT130 DU
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C-G (BCC)RETAIL
C-G (BCC)RETAIL IINDUSTRIAL
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2 1 1 1 W e s t Cr e sce n t A ve nue, Units F & G
D E V N o . 2 0 1 7-00126
Subject Property APN: 072-060-32
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Aeria l Photo:Ma y 2 016
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N C L E M S O N D R
N W A
K E F O R E S T D R
W H A R T F O R D P L
N C L E M S
O N D R
W. BROADWAY
W. LA PALMA AVE
W. LINCOLN AVE W.
N . E U C L I D S T
N . M A G N O L I A A V E
N .
B R O O K H U R S T
S T
W. CRESCENT AVE
W. ROMNEYA DR
W. LINCOLN AVE
W. CRESCENT AVE
2 1 1 1 W e s t Cr e sce n t A ve nue, Units F & G
D E V N o . 2 0 1 7-00126
Subject Property APN: 072-060-32
°0 50 100
Feet
Aeria l Photo:Ma y 2 016
[DRAFT] ATTACHMENT NO. 1
- 1 - PC2018-***
RESOLUTION NO. PC2018-***
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2017-05952
AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2017-00126)
(2111 WEST CRESCENT AVENUE, SUITE F & G)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition to approve Conditional Use Permit No. 2017-05952
to permit and retain an existing community and religious assembly use for premises located at
that certain real property at 2111 West Crescent Street, Suite F & G, in the City of Anaheim,
County of Orange, State of California, as generally depicted on the map attached hereto as
Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property consists of 1,876 square feet and is located on 3.44-acre
parcel, that is currently developed with four single-story industrial buildings. The Anaheim
General Plan designates the Property for Industrial land uses. The Property is located in the “I”
Industrial Zone and is subject to the zoning and development standards contained in Chapter
18.10 (Industrial Zones) of the Anaheim Municipal Code (the "Code"); and
WHEREAS, notice of a public hearing before the Planning Commission at the Civic
Center in the City of Anaheim on May 14, 2018, at 5:00 was duly given as required by law and
in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and
consider evidence for and against the Proposed Project and to investigate and make findings and
recommendations in connection therewith, however, due to a lack of quorum the public hearing
was continued by the Planning Commission to its May 30, 2018 meeting; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 30, 2018 at 5:00 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
(Procedures) of the Code, to hear and consider evidence for and against Conditional Use Permit
No. 2017-05952, and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, pursuant to and in accordance with the provisions of the California
Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as
“CEQA”), the State of California Guidelines for the Implementation of the California
Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code
of Regulations; herein referred to as the "CEQA Guidelines"), and the City's Local CEQA
Procedure Manual, the City is the "lead agency" for the preparation and consideration of
environmental documents for the Proposed Project; and
WHEREAS, the Planning Commission finds and determines that the effects of the
Proposed Project are typical of those generated within that class of projects (i.e., Class 1 –
Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public or private structures, facilities, mechanical
- 2 - PC2018-***
equipment, or topographical features, involving negligible or no expansion of use beyond that
existing at the time of this determination, and that, therefore, pursuant to Section 15301 of the
CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment
and is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, the Planning 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 with respect to the request for Conditional Use Permit No. 2017-05952, does find
and determine the following:
1. The proposed request to permit and retain a church in an existing industrial
office complex is an allowable use within the "I" Industrial Zone under subsection .010 of
Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zones) of the Code, subject to a
conditional use permit and the zoning and development standards of the "I" Industrial Zone.
2. The conditional use permit, under the conditions imposed, will not adversely
affect the surrounding land uses and the growth and development of the area because the
Property is developed with industrial buildings and there are a sufficient amount of parking
spaces to accommodate the parking demand for the church.
3. The size and shape of the Property is adequate to allow the full operation of the
proposed use in a manner not detrimental to the particular area or to the health, safety and
general welfare because the facility is located within an industrial building and a sufficient
number of on-site parking spaces and adequate vehicle circulation are provided on site.
4. The traffic generated by the use would not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because the number
of vehicles entering and exiting the site will not exceed the anticipated volumes of traffic on the
surrounding streets to accommodate the use.
5. The granting of Conditional Use Permit No. 2017-05952 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.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it.
- 3 - PC2018-***
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Conditional Use Permit No. 2017-05952, and further contingent upon and subject to the
conditions of approval set forth in Exhibit B attached hereto and incorporated herein by this
reference, which are hereby found to be a necessary prerequisite to the proposed use of the
Property under Conditional Use Permit No. 2017-05952 in order to preserve the health, safety
and general welfare of the citizens of the City of Anaheim. Extensions for further time to
complete conditions of approval may be granted in accordance with Section 18.60.170 of the
Code. Timing for compliance with conditions of approval may be 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, (ii) the modification complies with the Code,
and (iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 30, 2018. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2018-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 30, 2018 by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of May, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018-***
EXHIBIT “A”
DEV NO.2017-00126
- 6 - PC2018-***
EXHIBIT “B”
CONDITIONAL USE PERMIT NO. 2017-05952
(DEV2017-00126)
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1 The facility shall comply with the occupancy requirements in
accordance with the California Building and Fire Codes. A Building
Permit shall be obtained within 90 days of the date of this resolution.
Planning and Building
Department,
Planning Services
Division
OPERATIONAL CONDITIONS OF APPROVAL
2 The only school activity in connection with this church shall be
religious services, prayer meetings, or Bible study. This facility
shall not be used as a private daycare, nursery, elementary, junior
and/or senior high school.
Planning and Building
Department,
Planning Services
Division
3 The facility shall operate in accordance with the Letter of Operation
submitted as part of the application. Any changes to the facility’s
operation described in the Letter of Operation shall be subject to
review and approval by the Planning Director to determine
substantial conformance with said letter and to ensure compatibility
with the surrounding uses.
Planning and Building
Department,
Planning Services
Division
GENERAL CONDITIONS OF APPROVAL
4 Any graffiti painted or marked upon the premises or on any adjacent
area under the control of the property owner shall be removed or
painted over within 24 hours of being applied.
Planning and Building
Department,
Code Enforcement
Division
5 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively referred
to individually and collectively as “Indemnitees”) from any and all
claims, actions or proceedings brought against Indemnitees to
attack, review, set aside, void, or annul the decision of the
Indemnitees concerning this permit or any of the proceedings, acts
or determinations taken, done, or made prior to the decision, or to
determine the reasonableness, legality or validity of any condition
attached thereto. The Applicant’s indemnification is intended to
include, but not be limited to, damages, fees and/or costs awarded
against or incurred by Indemnitees and costs of suit, claim or
litigation, including without limitation attorneys’ fees and other
costs, liabilities and expenses incurred by Indemnitees in connection
with such proceeding.
Planning and Building
Department,
Planning Services
Division
- 7 - PC2018-***
NO. CONDITIONS OF APPROVAL
RESPONSIBLE
DEPARTMENT
6 The applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
7 The subject Property shall be developed 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, and as conditioned herein.
Planning and Building
Department,
Planning Services
Division
8 The applicant shall maintain their closed circuit television (CCTV)
security cameras for the following coverage areas: lobby entrances,
interior hallway, donation collection and storage areas. CCTV
recordings shall be kept for a minimum of 30 days before recorded
over.
Police Department
Sharon W. Choi
Jungkm Church
2111 W. Crescent Ave Suite F
Anaheim, CA 92801-3808
December 19, 2017
City of Anaheim
Department of Planning & Zone
200 S. Anaheim Blvd., Suite 162
Anaheim, CA 92805
To Whom It May Concern:
I am writing this letter regarding our application to obtain a Conditional Use Permit to retain a church in
an existing building. Jungkm Church (Church) is a non-denominational Christian Church, located in the
City of Anaheim (City). The address of the church is 2111 W. Crescent Avenue, Suites F & G, Anaheim,
California.
Jungkm Church is a protestant church that believes in the Holy Trinity (God the Father, Jesus the Son,
and the Holy Spirit). The Church was founded in 2016 to serve Korean-American residents of Anaheim
and the greater Orange County area. The congregation of Jungkm Church is currently seeking for a
Conditional Use Permit to hold religious meetings in an office building located in an industrial zone –
called the Trifreeway Business Park. The Trifreeway Business Park is located on the northeast corner of
Crescent Avenue and N. Valley Street, near the intersection of Brookhurst Street and Crescent Avenue,
approximately 1,000 feet east of Brookhurst Street.
The following statements provide a general overview of the Church:
1. The congregation consists of 8 members in total, ages ranging from mid 30s to early 40s.
2. Our meetings are held every Fridays at 8pm and Sundays at 11am.
a. Friday Prayer Meeting from 8pm to 9:30 pm : Attendance – 3 to 5 adults. The number of
cars parked during those hours ranges from 3 to 5 cars.
b. Sunday Worship Service from 11 am to 12:30 pm : Attendance – 6 to 8 adults. The
number of cars parked during those hours ranges from 5 to 7 cars (two carpools).
c. Sunday Bible Study from 12:30 pm to 3:00 pm : Attendance – 6 to 8 adults. The number
of cars parked during those hours ranges from 5 to 7 cars (two carpools).
3. There are total of 178 parking spaces provided within the Trifreeway Business Park property.
During the Friday service, there are average of 38 spaces occupied, leaving 140 empty parking
spaces within the site. During the Sunday service, there are average of 48 cars parked, leaving
130 empty parking spaces.
ATTACHMENT NO. 2
4. There are two part-time employees at the Church.
5. The church space is approximately 1,876 square feet, with 938 sq. ft. for each suite.
6. Hours of Operations of other businesses within the same building:
a. Suite A : unoccupied
b. Suite B : Business office ; Monday through Friday 9am to 5pm; Environmental Training
& Compliance, Healthy and Safety Consulting
c. Suite C : Business office; World Aviation Mission; Monday through Friday 9am to 5pm;
Office for aviation support activities.
d. Suite D & E : Business office; Silk Wave Mission ; Monday through Friday 9am to 5pm;
Office use for religious group
e. Suite H: Business office; IPC Systems Inc; Monday through Friday 9am to 5pm; Office
for installation and maintenance of telecommunication equipment
Jungkm Church wants to continue offering spiritual support to our members and the community, and
comply with all of City’s regulations and permits. As a church, we respectfully request reviewing the
submitted application and consider allowing us to hold an assembly in our current location. If you should
have any concerns, please contact Sharon Choi, at (949) 677-2787, or email
Thank you.
Sincerely,
Sharon W. Choi
Executive Administrator
Jungkm Church
2111 W. Crescent Ave Suite F
Anaheim, CA 92801
ATTACHMENT 3
SITE PLAN
FLOOR PLAN
JUNGKM CHURCH
Worship Hall
Bible Study Room
Offices
ATTACHMENT NO. 4
Church Entrance Ample Onsite Parking
Northwest ElevationOnsite Parking looking South
to adjacent multifamily units
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200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
ITEM NO. 5
PLANNING COMMISSION REPORT
City of Anaheim
PLANNING AND BUILDING DEPARTMENT
DATE: MAY 30, 2018
SUBJECT: VARIANCE NO. 2018-05104
LOCATION: 549-559 South Anaheim Boulevard (Leisuretown)
APPLICANT/PROPERTY OWNER: The applicant and the property owner is Nest
& Rest, LLC, represented by Shaheen Sadeghi of The LAB Holdings, LLC.
REQUEST: The applicant is requesting approval of a variance to permit the
construction of a wrought iron fence in a location where the Code requires a block
wall between commercial and residential uses.
RECOMMENDATION: Staff recommends that the Planning Commission approve
the attached resolution, determining that this request is categorically exempt under the
California Environmental Quality Act, Section 15301 (Class 1, Existing Facilities),
and approving Variance No. 2018-05104.
BACKGROUND: This 0.79-acre property is currently under construction. The
existing structures on the property include a 3,312 square foot, two-story historically
significant single-family residence; a 5,712 square foot barrel-vaulted, retail building;
and, a 1,412 former automotive repair building. The illustrative site plan on the
following page depicts these buildings as A, B and D, respectively. The property also
includes a portion of the 20-foot wide public alley adjacent to the north side of the
property, which the City has abandoned and sold to the property owner for a future
parking lot area. Surrounding land uses include single-family residential to the west
across a public alley, condominiums to the north (referred to in this report as the
“Boulevard 1 Maintenance Corporation HOA property” or the “HOA property”),
commercial land uses across Anaheim Boulevard to the east, and an auto sales lot to
across Water Street to the south.
The General Plan designates the property of Low-Medium intensity residential land use.
The property is located in the General Commercial (C-G) Zone, the Residential
Opportunity (RO) Overlay Zone, and the Boulevard Residential District of the South
Anaheim Boulevard Corridor (SABC) Overlay Zone. The property owner must select
and follow the development standards of one of these zones; however, as permitted by
the Code, the zone need not be consistent with the General Plan land use designation.
VARIANCE NO. 2018-05104
May 30, 2018
Page 2 of 5
On October 16, 2017, the Planning Commission approved the applicant’s proposal to permit use
of the single-family residence, as a restaurant; the retail building, as a brewery; and, the automotive
repair building, as a restaurant and kitchen; as well as, outdoor seating and recreation areas, and a
freestanding restroom and pool equipment enclosure in Building C below, for the “Leisuretown”
project. The Commission approved the project in accordance with the zoning and development
standards for the C-G Zone. This item was continued from the May 14, 2018 Planning
Commission meeting due to the absence of a quorum.
PROPOSAL: The applicant is proposing to construct an 8-foot tall wrought iron fence along the
northern property line of the subject “Leisuretown” property. The fence is adjacent to the
Boulevard 1 Maintenance Corporation HOA property. As part of the installation on the HOA
property adjacent to the proposed fence, the applicant would protect the existing Brisbane Box
trees in place and would plant a Ligustrum japonicum ‘Texanum’ (Waxleaf Privet) hedge along
the length of the new fence, as shown in the photo simulation on the next page. The approval of
the request entails a waiver, or “Variance,” from the Code, which requires an 8-foot tall, decorative
masonry wall to separate residential land uses from commercial land uses.
VARIANCE NO. 2018-05104
May 30, 2018
Page 3 of 5
Illustrative Site Plan
Photo Simulation from Anaheim Boulevard looking West
View from Leisuretown looking North
VARIANCE NO. 2018-05104
May 30, 2018
Page 4 of 5
FINDINGS AND ANALYSIS: The Planning Commission may grant the requested variance
upon a finding that the evidence presented shows that all of the following conditions exist:
1) That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other
property under identical zoning classification in the vicinity;
2) That, because of special circumstances shown above, strict application of the
Zoning Code deprives the property of privileges enjoyed by other property under
identical zoning classification in the vicinity.
The Zoning Code requires commercial property owners to construct an 8-foot tall decorative
masonry wall between commercial and residential uses. The applicant proposes a deviation of
fence materials which requires Planning Commission approval of a Variance. The applicant
stated that they are requesting the wrought iron fence to separate the two properties to preserve
the existing trees and to soften the aesthetic appearance of the separating wall or fence.
Staff believes that there are special circumstances pertaining to the subject property due to the
orientation of the HOA Property building adjacent to the proposed fence. As shown in the aerial
photograph on the next page, this building has front yards facing the interior property line that
abuts the Leisuretown property. Although, both a block wall and the proposed fence would
provide privacy to these residents, staff believes that the wrought iron fence would result in a
much softer and visually pleasing design for the front yards of the homes. The wrought iron
fence would have much smaller underground concrete footings than the block wall, and this
would allow the existing trees to remain in front of the four condominium units. The applicant
would also add the Waxleaf Privet hedge along the length of the fence and in between the trees.
This landscaped screening may not be possible with a block wall, due to the footings and the
related impacts of constructing the wall. The landscaping would soften views of the fence and
provide sufficient screening of headlight glare from parked cars into the HOA property, since
the condominiums consist of a front stoop design and sit higher than the finished grade of the
commercial property. With these site conditions, staff believes that the noise buffering properties
of the masonry wall would not be superior to the wrought iron fence with hedge. Further,
conditions of approval for the Leisuretown project limit outdoor activities and hours of operation
minimizing potential noise impacts. Because of these reasons, staff believes that the variance for
a material deviation if justified.
In addition, the HOA property’s Board, as well as the owners of the adjacent condominiums with
front doors facing the proposed fence, have stated that they prefer the proposed wrought iron and
landscaping design in lieu of a block wall. Staff attended a meeting with the applicant, HOA
Board, and adjacent condominium owners, and all parties were in agreement with applicant’s
proposal to install a wrought iron fencing with a landscaped hedge.
VARIANCE NO. 2018-05104
May 30, 2018
Page 5 of 5
Aerial Photo
CONCLUSION: The proposed wrought iron fence would be appropriate to soften the appearance
of the fence as viewed from the condominiums to the north. The fence would adequately screen
views of the parking lot for the Leisuretown project. Lastly, there are special circumstances given
the orientation of the due to the adjacent residences facing the interior property line, staff is
supportive of the Variance and recommends approval of this request.
Prepared by, Submitted by,
Nick Taylor Susan Kim
Associate Planner Acting Planning Services Manager
Attachments:
1. Draft Variance Resolution
2. Letter of Request
3. Boulevard 1 HOA Letter
4. Plans
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[DRAFT] ATTACHMENT NO. 1
- 1 - PC2018-***
RESOLUTION NO. PC2018-***
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ANAHEIM APPROVING
VARIANCE NO. 2018-05104 AND
MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2018-00018)
(549-559 SOUTH ANAHEIM BOULEVARD)
WHEREAS, the Planning Commission of the City of Anaheim ("Planning Commission")
did receive a verified petition to approve Variance No. 2018-05104 to allow a wrought iron fence
where the Zoning Code would require a decorative masonry wall for at 549-559 South Anaheim
Boulevard in the City of Anaheim (the Property"). The Property is generally depicted on the
map attached hereto as Exhibit A and incorporated herein by this reference; and
WHEREAS, the Land Use Element of the Anaheim General Plan designates the Property
for “R-LM” Low-Medium Density Residential land uses. The Property is located in the “C-G”
General Commercial Zone, the Residential Opportunity (RO) Overlay zone, and the South
Anaheim Boulevard Corridor (SABC) Overlay Zone. Generally, the development standards and
regulations of Chapter 18.24 (South Anaheim Boulevard Corridor (SABC) Overlay Zone) of the
Anaheim Municipal Code (the "Code") supersede the regulations of the underlying zone, i.e.,
that of the “C-G” General Commercial Zone. However, the provisions of Chapter 18.24 (South
Anaheim Boulevard Corridor (SABC) Overlay Zone) do not apply to parcels that have been, or
are proposed to be, developed entirely under the “C-G” General Commercial Zone, which is the
case with the Property; and
WHEREAS, the Property, consists of approximately 0.79 acres. In October 2017, the
Planning Commission approved a proposal for the Property to be developed with a brewery with
tasting room, outdoor garden with seating area and swimming pool, full service restaurant with
outdoor dining area, and take-out restaurant. The Property is adjacent to residential land uses;
and
WHEREAS, the Zoning Code requires an 8-foot tall, decorative masonry wall when
separating residential land uses from commercial land uses. The applicant requests that the
Planning Commission approve Variance no. 2018-05104 to allow construction an 8-foot tall
wrought iron fence along the northern property line, adjacent to the residential uses and property
owned by the Boulevard 1 Maintenance Corporation (HOA) (the "Proposed Project"); and
WHEREAS, notice of a public hearing before the Planning Commission at the Civic
Center in the City of Anaheim on May 14, 2018, at 5:00 was duly given as required by law and
in accordance with the provisions of Chapter 18.60 (Procedures) of the Code, to hear and
consider evidence for and against the Proposed Project and to investigate and make findings and
recommendations in connection therewith, however, due to a lack of quorum the public hearing
was continued by the Planning Commission to its May 30, 2018 meeting; and
- 2 - PC2018-***
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 30, 2018 at 5:00 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
(Procedures) of the Code, to hear and consider evidence for and against Conditional Use Permit
No. 2017-05952, and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, as the "lead agency" under the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”), the Planning
Commission finds and determines that the effects of the Proposed Project are typical of those
generated within that class of projects (i.e., Class 1 – Existing Facilities) which consist of the
repair, maintenance, and/or minor alteration of existing public or private structures or facilities,
involving negligible or no expansion of use beyond that existing at the time of this
determination, and that, therefore, pursuant to Section 15301 of Title 14 of the California Code
of Regulations, the Proposed Project will not cause a significant effect on the environment and
is, therefore, categorically exempt from the provisions of CEQA; and
WHEREAS, based upon the letter of request and plans submitted by the applicant to
justify the variance, the Planning Commission does further find and determine that the request
for Variance No. 2018-05104 for wall/fence materials other than required by the Code should be
approved for the following reasons:
SECTION NO. 18.46.110 Screening, fences, walls and hedges.
(Decorative masonry wall required; wrought
iron fence proposed)
1. That there are special circumstances applicable to the property, including size,
shape, topography, location or surroundings, which do not apply to other property under identical
zoning classification in the vicinity. The adjacent property has residential units with front yard
area adjacent to the interior property line of the project which creates a more aesthetically
pleasing appearance if a wrought iron fence is with landscaping in constructed, rather than a
masonry wall as required by the Zoning Code.
2. That, because of special circumstances shown above, strict application of the
Zoning Code deprives the property of privileges enjoyed by other property under identical
zoning classification in the vicinity. Because of the front residential setback area adjacent to the
proposed fence, and the benefit of preserving the existing mature Brisbane Box trees, requiring a
block wall would not be an appropriate means to separate the commercial use from the
residential use.
WHEREAS, the Planning Commission determines that the evidence in the record
constitutes substantial evidence to support the actions taken and the findings made in this
Resolution, that the facts stated in this Resolution are supported by substantial evidence in the
record, including testimony received at the public hearing, the staff presentations, the staff report
and all materials in the project files. There is no substantial evidence, nor are there other facts,
that detract from the findings made in this Resolution. The Planning Commission expressly
declares that it considered all evidence presented and reached these findings after due
consideration of all evidence presented to it; and
- 3 - PC2018-***
WHEREAS, the Boulevard 1 Maintenance Corporation and the owners of
condominium units immediately adjacent to the proposed wrought iron fence have stated their
preference for a wrought iron fence as contemplated by the Proposed Project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission does hereby
approve Variance No. 2018-05104, subject to the conditions of approval set forth in Exhibit B
attached hereto and incorporated herein by this reference. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Code.
Timing for compliance with conditions of approval may be 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, (ii) the modification complies with the Code, and
(iii) the applicant has demonstrated significant progress toward establishment of the use or
approved development.
BE IT FURTHER RESOLVED that any amendment, modification or revocation of
this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Code.
BE IT FURTHER RESOLVED that the 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 approval of this application constitutes approval
of the proposed request only to the extent that it complies with the 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of May 30, 2018. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 (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.
CHAIRPERSON, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
ATTEST:
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 4 - PC2018-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Planning Commission of the City of Anaheim, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Planning
Commission of the City of Anaheim held on May 30, 2018, by the following vote of the
members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this 30th day of May, 2018.
SECRETARY, PLANNING COMMISSION
OF THE CITY OF ANAHEIM
- 5 - PC2018-***
- 6 - PC2018-***
EXHIBIT “B”
VARIANCE NO. 2018-05104
(DEV2018-00018)
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
PRIOR TO ISSUANCE OF BUILDING PERMITS
1 The portion of the proposed fence over the existing 20-foot water
easement shall be a demountable fence, and no concrete footings or
similar structures shall be allowed within the water easement. The
demountable portion of the fence shall be clearly marked on the
design plans which shall be reviewed and approved by Water
Engineering prior to installation.
Public Utilities,
Water Engineering
OPERATIONAL CONDITIONS
2 The Owner shall be responsible for restoring any special surface
improvements, other than asphalt paving, within any right-of-way,
public utility easement or City easement area including but not
limited to striping, colored concrete, bricks, pavers, stamped
concrete, walls, fences, decorative hardscape or landscaping that
becomes damaged during any excavation, repair or replacement of
City owned water facilities. Provisions for maintenance of all said
special surface improvements shall be included in the recorded
Master CC&R’s for the project and the City easement deeds.
Public Utilities,
Water Engineering
3 The following minimum horizontal clearances shall be maintained
between existing water mains and proposed facilities:
• 10-feet minimum separation from structures, footings, street
lights, power poles, and trees.
Public Utilities,
Water Engineering
4 The Applicant is responsible for paying all charges related to the
processing of this discretionary case application within 30 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
may result in the revocation of the approval of this application.
Planning and Building
Department,
Planning Services
Division
5 The Applicant shall defend, indemnify, and hold harmless the City
and its officials, officers, employees and agents (collectively
referred to individually and collectively as “Indemnitees”) from
any and all claims, actions or proceedings brought against
Indemnitees to attack, review, set aside, void, or annul the
decision of the Indemnitees concerning this permit or any of the
proceedings, acts or determinations taken, done, or made prior to
Planning and Building
Department,
Planning Services
Division
- 7 - PC2018-***
NO. CONDITIONS OF APPROVAL RESPONSIBLE
DEPARTMENT
the decision, or to determine the reasonableness, legality or
validity of any condition attached thereto. The Applicant’s
indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by
Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys’ fees and other costs, liabilities and
expenses incurred by Indemnitees in connection with such
proceeding.
6 The property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the
applicant and which plans are on file with the Planning
Department and as conditioned herein.
Planning and Building
Department,
Planning Services
Division
ATTACHMENT NO. 2
ATTACHMENT NO. 3
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4
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
City of Anaheim
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