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PC 2018/11/14 City of Anaheim Planning Commission Agenda Wednesday, November 14, 2018 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairperson: Jess Carbajal • Chairperson Pro-Tempore: John Gillespie • Commissioners: John Armstrong, Bill Dalati, Kimberly Keys, Michelle Lieberman, Steve White • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Consent Calendar • 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, November 8, 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 11-14-2018 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. 11-14-2018 Page 3 of 5 Consent Calendar There will be no separate discussion on the item prior to the time of the voting on the motion unless members of the Planning Commission, staff, or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations ITEM NO. 1A ZONING CODE AMENDMENT NO. 2018-00155 (DEV2018-00103) Location: Citywide Request: An amendment to Section 18.38.125 (Emergency Shelters) of Title 18 (Zoning) of the Anaheim Municipal Code to clarify location, permitting, and operational requirements for emergency shelters and provide regulatory relief in the event of a “Declaration of a shelter crisis” as defined by California Government Code Section 8698(d). Environmental Determination: The Planning Commission will consider whether the proposed action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15060(c)(2). Motion Project Planner: Susan Kim skim@anaheim.net 11-14-2018 Page 4 of 5 Public Hearing Items ITEM NO. 2 VARIANCE NO. 2018-05112 (DEV2018-00106) Location: 6985 East Via El Estribo Request: For a variance to permit wrought iron fencing within the front yard setback of a single family residential property where the fencing is higher than permitted by the Zoning Code. 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 15303, Class 3 (New Construction or Conversion of Small Structures). Resolution No. ______ Project Planner: Wayne Carvalho wcarvalho@anaheim.net ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2018-05973 (DEV2018-00067) Location: 1550 South Lewis Street Request: For a conditional use permit to permit a crematory business to embalm human remains within an existing industrial 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). Resolution No. ______ Project Planner: Lucita Tong LTong@anaheim.net Adjourn to Wednesday, November 28, 2018 at 5:00 p.m. 11-14-2018 Page 5 of 5 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 11:30 a.m. November 7, 2018 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ANAHEIM CITY PLANNING COMMISSION The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning and Building Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ITEM NO. 1-A PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 14, 2018 SUBJECT: ZONING CODE AMENDMENT NO. 2018-00155 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: Review modification to amendment to Section 18.38.125 (Emergency Shelters) of Title 18 (Zoning) of the Anaheim Municipal Code (Code) that the Planning Commission reviewed on October 15, 2018. The modification would allow the City Manager to approve all Emergency Shelters, following a City Council declaration of a “shelter crisis,” until such time that the City has approved facilities for up to 325 shelter beds within the City of Anaheim. RECOMMENDATION: Staff recommends that the Planning Commission, by motion, determine that this action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines under Section 15060(c)(2) and recommend to the City Council that the attached revised draft ordinance for Zoning Code Amendment No. 2018- 00155 be approved. BACKGROUND: On October 15, 2018, the Planning Commission reviewed and unanimously recommended City Council approval of a draft ordinance to clarify location, permitting and operational requirements for Emergency Shelters and provide regulatory relief during a “shelter crisis” as declared by City Council resolution. Attachment 2 provides the October 15, 2018 staff report, draft ordinance and the current requirements contained in Section 18.38.125 (Emergency Shelters). PROPOSAL: Given the ever-increasing challenges with the current crisis, including issues of public health, safety, and welfare, staff is recommending an additional modification to the ordinance presented to and recommended for approval by the Planning Commission on October 15, 2018. Specifically, staff is recommending that the City Manager be the approval authority for facilities to house the first 325 shelter beds approved subsequent to the Council’s declaration of a Shelter Crisis. This approval would consist of a written Operation Agreement, which would include a detailed Operations Plan between the City and the property owner or Operator. The continued operation of the emergency shelter would be contingent on compliance with the Operations Agreement. Once the City has met this 325-bed threshold, subsequent shelters with over 50 beds and/or any modification of the separation, facility and operations plan, during a shelter crisis, would be subject to the approval of a CUP and the required findings. ZONING CODE AMENDMENT NO. ZCA2018-00155 November 14, 2018 Page 2 of 2 ANALYSIS: Staff believes that the proposed modifications to the ordinance to allow the City Manager to be the approval authority for the first 325 shelter beds would expedite the development of Emergency Shelters that will serve the immediate needs of the City’s homeless population while maintaining operational standards that protect surrounding land uses. Environmental Analysis: Staff recommends that the Planning Commission determine that the proposed Code amendment is exempt from the CEQA under Section 15060(c)(2) of Title 14 of the California Code of Regulations. The Code amendment is exempt because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The development of any future Emergency Shelters will be subject to CEQA at the time of the review of each proposed shelter. CONCLUSION: On October 15, 2018, the Planning Commission reviewed and unanimously recommended City Council approval of a draft ordinance to clarify location, permitting and operational requirements for Emergency Shelters and provide regulatory relief during a “shelter crisis” as declared by City Council resolution. Staff anticipates that the City Council will introduce the ordinance recommended for approval by the Planning Commission and will consider the recommended modification on November 13, 2018. If the Council introduces the proposed ordinance with this proposed change, staff recommends that the Commission review the modification, concur with the revised draft ordinance (Attachment 1), and recommend that the Council adopt said ordinance on November 20, 2018. Prepared and submitted by, Susan Kim Principal Planner Attachments: 1. Revised Draft Ordinance 2. October 15, 2018 Planning Commission Report ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO EMERGENCY SHELTERS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15060(C)(2) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT.  WHEREAS, in 2007, the Governor of California signed into law Senate Bill No. 2 (2007- 2008, Reg.Sess.) (“SB 2”), which amended the California Government Code related to local planning for Emergency Shelters. This legislation required cities and counties to allow Emergency Shelters in a suitable zone without the need for a discretionary permit, such as a Conditional Use Permit; and WHEREAS, on February 7, 2012, the City Council adopted Ordinance No. 6234 allowing Emergency Shelters to be located within the Industrial (I) Zone and certain development areas of the Northeast Area Specific Plan. Ordinance No. 6234 also created provisions for co-locating shelters with Religious and Community Assembly uses, such as churches, and established separation, facility and operations plan requirements for Emergency Shelters. Ordinance No. 6234 codified these standards in Section 18.38.125 (Emergency Shelters) of the City’s Zoning Code; and WHEREAS, in 2016, the City Council adopted the Anaheim Canyon Specific Plan, and rescinded the Northeast Area Specific Plan. As part of the Council’s actions, the Council replaced the permitted locations for Emergency Shelters within the Northeast Area Specific Plan with Development Areas (DA) 1 and 2 of the Anaheim Canyon Specific Plan; and WHEREAS, on September 12, 2017, City Council adopted Resolution No. 2017-140, declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments. The resolution directed City staff to take action to provide needed shelter and services for the homeless in our community, and to address unlawful activity within the City and along the Santa Ana River Trail; and WHEREAS, on August 14, 2018, City Council adopted Resolution No. 2018-118 declaring a shelter crisis in accordance with Government Code Section 8698 et seq. (a “Shelter Crisis”) in order to participate in the State’s Homeless Emergency Aid Program (HEAP) established by Senate Bill No. 850 (2017-2018, Reg.Sess.); and ATTACHMENT NO. 1 WHEREAS, in light of the adoption of Resolution Nos. 2017-140 and 2018-118, the City Council has declared that there is a Shelter Crisis, which is a condition that is not exclusive to the City of Anaheim; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City of Anaheim desires to now update and amend Section 18.38.125 (Emergency Shelters) of the City’s Zoning Code to clarify the location, separation, and approval process for Emergency Shelters and to allow modifications to some standards during a declared Shelter Crisis to better allow the City to combat homelessness and create a continuum of shelter and service options for those living without shelter in the community; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for 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 “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15060(c)(2), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 15, 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 the Anaheim Municipal Code, to consider evidence for and against the ordinance and provide a recommendation to the City Council for approval of the ordinance; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. TEXT OF AMENDMENT That Section 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: 18.38.125 EMERGENCY SHELTERS. An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety Code, shall comply with all of the following provisions: .010 Location. An Emergency Shelter that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters) may locate on any parcel: .0101 Designated by the General Plan for Industrial land use; and, .0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone. .020 Separation. An Emergency Shelter is prohibited on parcels that meet any of the criteria below, unless approved through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .0201 Parcels within 300 feet, measured from the property line, from any other Emergency Shelter, .0202 Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses, .0203 Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility. .030 Approval. The following shall be the approval process for an Emergency Shelter that meets the Location, Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters): .0301 A single Emergency Shelter housing up to 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be a permitted use. .0302 The first 325 shelter beds developed in a single Emergency Shelter or combination of Emergency Shelters following the City Council’s adoption of Resolution No. 2018-118 (“Shelter Crisis”) are permitted if approved by the City Manager, pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a detailed Operations Plan for the proposed shelter(s). .0303 Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit. .0304 Any other Emergency Shelter shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). .0305 The Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters) may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .040 Facility. All Emergency Shelters shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and the following requirements, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): .0401 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. .0402 Waiting area. A client waiting area shall be provided and contain a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. .0403 Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. .0404 A minimum of one toilet shall be provided for every eight beds per gender. .0404 A minimum of one shower shall be provided for every eight beds per gender. .0405 A private shower and toilet facility shall be provided for each area designated for use by individual families. .0406 Kitchen facilities and dining hall or designated dining area shall be provided for the preparation and serving of meals for clients and staff. .0407 The facility may provide the following services; however, these services shall be in a designated area separate from sleeping areas: .01 Indoor and outdoor recreation facilities. .02 A counseling center for job placement and/or educational, legal, or mental and physical health services. .03 Laundry facilities to serve the clients at the shelter. .04 Other similar facilities and services geared towards the needs of homeless clients. .050 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): .0501 Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may remain on the premises to avail themselves of other services offered. Clients must check in daily and have no guaranteed bed for the next night. .0502 Maximum length of stay. A person’s maximum length of stay at the facility shall not exceed 180 days in a 365 day period. .0503 Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. .0504 Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. .0505 Security and safety. Twenty-four (24) hour a day security shall be provided. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. .0506 Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. .0507 Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. .0508 Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. .0509 Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. .0510 Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. .0511 Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. .0512 Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided on a continual basis. .060 Additional Findings Required. Before the approval authority , or City Council on appeal, may approve modifications to the requirements of this Section through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a finding of fact, by resolution or written decision, that the evidence presented shows that the following conditions exists: .0601 That the City Council has declared that a shelter crisis exists pursuant to California Government Code Section 8698 et seq., as the same may be amended from time to time; .0602 That strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of this Section would prevent, hinder, or delay the City’s participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017- 2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 129876/LM 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: OCTOBER 15, 2018 SUBJECT: ZONING CODE AMENDMENT NO. 2018-00155 LOCATION: Citywide APPLICANT: City of Anaheim REQUEST: This is a City-initiated amendment to Section 18.38.125 (Emergency Shelters) of Title 18 (Zoning) of the Anaheim Municipal Code (Code) allowing Emergency Shelters to clarify location, permitting and operational requirements for Emergency Shelters and provide regulatory relief during a “shelter crisis” as declared by City Council resolution. RECOMMENDATION: Staff recommends the Planning Commission, by motion, determine that this action is exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines under Section 15060(c)(2) and recommend to the City Council that the attached draft ordinance for Zoning Code Amendment No. 2018-00155 be approved. BACKGROUND: In 2007, the Governor of California signed into law Senate Bill (SB) 2 (Cedillo) which amended the California Government Code related to local planning for Emergency Shelters. This legislation requires cities and counties to allow Emergency Shelters in a suitable zone without the need for a discretionary permit, such as a Conditional Use Permit (CUP). The public commonly refers to these areas as the “SB-2” Zone. On February 7, 2012, the City Council approved Ordinance No. 6234 allowing Emergency Shelters to be located within the Industrial (I) Zone and certain development areas of the Northeast Area Specific Plan. Ordinance No. 6234 also created provisions for co-locating shelters with Religious and Community Assembly uses, such as churches, and established separation, facility and operations plan requirements for Emergency Shelters. Ordinance No. 6234 codified these standards in Section 18.38.125 (Emergency Shelters) of the Zoning Code (see Attachment No. 2). In 2016, the City Council adopted the Anaheim Canyon Specific Plan, and rescinded the Northeast Area Specific Plan. As part of the Council’s actions, the Council replaced the permitted locations for Emergency Shelters within the Northeast Area Specific Plan with Development Areas (DA) 1 and 2 of the Anaheim Canyon Specific Plan. ATTACHMENT NO. 2 ZONING CODE AMENDMENT NO. ZCA2018-00155 October 15, 2018 Page 2 of 7 In May 2017, the County of Orange opened the first phase of the Bridges at Kraemer, a 200-bed Emergency Shelter located in Anaheim Canyon, at 1000 N. Kraemer Place, generally north of the 91 freeway and west of Kraemer Boulevard. The County anticipates completing the second phase in late 2018. Since this is a County-owned shelter, the project was exempt from the City’s Zoning Code. However, if the shelter were required to comply with the Zoning Code, it would not meet the City’s 1,000-foot separation requirement between Emergency Shelters and property designated for residential land use by the General Plan. However, the 91 freeway provides a barrier between the subject homes and the Emergency Shelter, which may have justified a modification in this separation requirement. On September 12, 2017, City Council adopted Resolution No. 2017-140, declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments. The resolution directed City staff to take immediate action to provide needed shelter and services for the homeless in our community, and to address unlawful activity within the City and along the Santa Ana River Trail. Subsequently, on August 14, 2018, City Council adopted Resolution No. 2018-118 declaring a shelter crisis pursuant to Section 8698 et seq. of the California Government Code Section. The Council adopted this resolution in order to participate in the State’s Homeless Emergency Aid Program (HEAP). Although the City of Anaheim had previously adopted Resolution No. 2018-140 with regard to homelessness, Resolution No. 2018-118 contains specific language and text required to participate in HEAP. In light of the adoption of both resolutions, the City Council has declared that there is a “Shelter Crisis,” which is a condition that is not exclusive to the City of Anaheim. On August 6, 2018, the City received a Conceptual Development Review application for a 200- bed shelter proposed on East La Palma Avenue between Miller Street and Tustin Avenue. The application was filed by the applicant in an effort to alleviate and respond to the “Shelter Crisis.” The Code requires approval of a CUP for any Emergency Shelter with over 50 beds; therefore, the proposed project (currently under review) would typically come before the Planning Commission for its discretionary review. However, the Code currently prohibits an Emergency Shelter in the proposed location due to its proximity to residential uses. Additionally, on September 7, 2018, , the City and the Salvation Army commenced negotiations for the potential development of both a temporary and permanent Emergency Shelter on South Lewis Street, between Cerritos Avenue and Ball Road. While negotiations are not yet finalized, the parties are discussing a two-phased approach that would consist of a 200 bed temporary facility that would transition to a permanent facility that would have up to 400 beds. The proposed project would also be subject to Planning Commission review for the approval of a CUP. Although conceptual at this point, the potential exists that either the temporary or the permanent facilities may not be able to comply with all of the Facility and Operations Plan requirements of Section 18.38.125 (Emergency Shelters). These requirements are very specific and, in certain cases, may not reflect what is needed or required to operate in a manner that addresses the need in a state of a Shelter Crisis, while simultaneously minimizing potential impacts to surrounding properties. ZONING CODE AMENDMENT NO. ZCA2018-00155 October 15, 2018 Page 3 of 7 PROPOSAL: Through staff’s review of the above proposals, as well as numerous other public inquiries regarding the City’s “SB-2 Zone,” staff has identified several recommended amendments to Section 18.38.125 (Emergency Shelters) that would make the Code section easier to understand and implement. In addition, staff is recommending the option of allowing modifications to the Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters) by CUP in the event of a Shelter Crisis, as declared by a City Council resolution. Finally, the proposed Zoning Code Amendment would require the submittal of an Operations Plan concurrent with the submittal of a CUP, for all projects requiring a CUP. If a project does not require a CUP, the Operations Plan would continue to be required prior to the operation of the facility. For context and background, CUPs are subject to review by the Planning Commission at a noticed public hearing using the recently expanded 500 foot radius for mailed notices. Planning Commission decisions may be appealed to the City Council. ANALYSIS: Staff is proposing to modify certain sections of Section 18.38.125 (Emergency Shelters) to clarify location, permitting and operational requirements for Emergency Shelters as well as provide regulatory relief in the event of a declaration of a Shelter Crisis. The paragraphs below summarize these changes: Location: The proposed amendment clarifies that the City only permits Emergency Shelters on parcels: 1. Designated by the General Plan for Industrial land use; and, 2. Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone. The proposed amendment does not change the locations where the Code permits Emergency Shelters; it just makes this section easier to understand by focusing on the locations where the Code permits Emergency Shelters rather than describing a mix of permitted and prohibited locations. Staff does not recommend allowing a property owner to request a modification of these requirements. Staff conducted substantial outreach prior to the Council’s adoption of Ordinance No. 6234 to recommend shelters in industrial areas; any expansion of the permitted locations should be subject to additional, comprehensive outreach. Separation: The proposed amendment reorganizes and outlines the separation requirements for Emergency Shelters. The following continue to be prohibited locations for an Emergency Shelter: 1. Parcels within 300 feet, measured from the property line, from any other Emergency Shelter, 2. Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses, 3. Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility. ZONING CODE AMENDMENT NO. ZCA2018-00155 October 15, 2018 Page 4 of 7 However, the proposed amendment would allow for modification of these separation requirements subject to the approval a CUP and only during periods of time in which the City Council has declared a Shelter Crisis. Approval: The proposed amendment clarifies, but does not change, the permitting process for the three types of Emergency Shelters below. All three types of Emergency Shelters must also meet the City’s Location, Separation, Facility and Operations Plan requirements for Emergency Shelters, except where the Code permits a modification of the Separation, Facility and Operations Plan requirements by CUP. 1. A single Emergency Shelter housing up to 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be a permitted use. 2. Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit. 3. Any other Emergency Shelter shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). Facility: The proposed amendment reorganizes and streamlines the facility requirements for Emergency Shelters. For instance, the proposed amendment combines duplicative requirements for storage areas. All Emergency Shelters continue to be required to comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code. The proposed amendment would allow the City to modify the following requirements through the approval of a CUP in the event of a Shelter Crisis: 1. Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. 2. Waiting area. A client waiting area shall be provided and contain a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. 3. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. 4. A minimum of one toilet shall be provided for every eight beds per gender. 5. A minimum of one shower shall be provided for every eight beds per gender. 6. A private shower and toilet facility shall be provided for each area designated for use by individual families. ZONING CODE AMENDMENT NO. ZCA2018-00155 October 15, 2018 Page 5 of 7 7. Kitchen facilities and dining hall or designated dining area shall be provided for the preparation and serving of meals for clients and staff. In addition, the facility may provide the following services; however, these services must be in a designated area separate from sleeping areas: 1. Indoor and outdoor recreation facilities. 2. A counseling center for job placement and/or educational, legal, or mental and physical health services. 3. Laundry facilities to serve the clients at the shelter. 4. Other similar facilities and services geared towards the needs of homeless clients. Allowing the modification of the above requirements by CUP would allow flexibility in times when the City is experiencing a Shelter Crisis and may provide opportunities for more creative solutions to providing shelter in these instances. As part of the CUP application, staff would request the applicant provide justification for why any of the above listed facility requirements should be modified. Operations Plan: The proposed amendment would require submittal of an Operations Plan concurrent with the submittal of a CUP application. The Code currently requires submittal of the Operations Plan prior to facility operations. Submitting an Operations Plan with the CUP application would help staff to evaluate its recommendation for the approval of an Emergency Shelter and allow the Operation Plan to be part of the conditions of approval for the CUP. In the event that a CUP is not required for an Emergency Shelter, the Operations Plan would continue to be required prior to facility operation. The Planning and Building Director and Police Chief, or their designee, would review and approve the Operations Plan. The Director or Chief may require that the Operations Plan address specific needs of the facility. The approved Operations Plan must remain active throughout the life of the facility. The Code amendment does not change the review of the Operations Plan, just the timing. The amendment would permit modifications to the minimum requirements of the Operations Plan. Similar to the other modifications, this modification would be subject to the approval of a CUP. The Code amendment does not change, but does rearrange and clarify the minimum requirements of the Operations Plan, which are as follows: 1. Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may remain on the premises to avail themselves of other services offered. Clients must check in daily and have no guaranteed bed for the next night. 2. Maximum length of stay. A person’s maximum length of stay at the facility shall not exceed 180 days in a 365 day period. 3. Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. ZONING CODE AMENDMENT NO. ZCA2018-00155 October 15, 2018 Page 6 of 7 4. Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. 5. Security and safety. Twenty-four (24) hour a day security shall be provided. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. 6. Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. 7. Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. 8. Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. 9. Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. 10. Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. 11. Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. 12. Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided on a continual basis. By providing flexibility in the above requirements, during a time of Shelter Crisis, an Emergency Shelter may have more latitude to operate more efficiently according to the specific needs of each facility and the population it will serve. Findings: Prior to its approval of a CUP, the Code requires the Planning Commission to make the following findings: 1. That the proposed use is properly one for which a CUP is authorized; 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 ZONING CODE AMENDMENT NO. ZCA2018-00155 October 15, 2018 Page 7 of 7 5. That the granting of the CUP under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. In addition to the above findings, prior to the approval of any modifications to the Separation, Facility or Operations Plan requirements for an Emergency Shelter, the proposed amendment would require the Commission to make the additional findings that: 1. The City Council has declared a Shelter Crisis. 2. Strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of Section 18.38.125 (Emergency Shelters) would prevent, hinder, or delay the City’s participation in the Homeless Emergency Aid Program and/or the mitigation of the effects of a Shelter Crisis. Environmental Analysis: Staff recommends that the Planning Commission determine that the proposed Code amendment is exempt from the CEQA under Section 15060(c)(2) of Title 14 of the California Code of Regulations. The Code amendment is exempt because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. The development of any future Emergency Shelters will be subject to CEQA at the time of the review of each proposed shelter. CONCLUSION: Staff believes that the proposed amendments to the existing ordinance will clarify location, permitting and operational requirements for Emergency Shelters and provide regulatory relief and reasonable opportunities for flexibility during periods of a declared “Shelter Crisis.” The proposed changes would facilitate the development of Emergency Shelters that will provide adequate services to the homeless population while maintaining existing standards that protect sensitive uses. Therefore, staff recommends that the Planning Commission recommend City Council approval of the Zoning Code Amendment. Prepared and submitted by, Susan Kim Principal Planner Attachments: 1. Draft Ordinance 2. Existing Section 18.38.125 (Emergency Shelters) ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 18.38 (SUPPLEMENTAL USE REGULATIONS) OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO EMERGENCY SHELTERS AND FINDING AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15060(C)(2) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT.  WHEREAS, in 2007, the Governor of California signed into law Senate Bill No. 2 (2007- 2008, Reg.Sess.) (“SB 2”), which amended the California Government Code related to local planning for Emergency Shelters. This legislation required cities and counties to allow Emergency Shelters in a suitable zone without the need for a discretionary permit, such as a Conditional Use Permit; and WHEREAS, on February 7, 2012, the City Council adopted Ordinance No. 6234 allowing Emergency Shelters to be located within the Industrial (I) Zone and certain development areas of the Northeast Area Specific Plan. Ordinance No. 6234 also created provisions for co-locating shelters with Religious and Community Assembly uses, such as churches, and established separation, facility and operations plan requirements for Emergency Shelters. Ordinance No. 6234 codified these standards in Section 18.38.125 (Emergency Shelters) of the City’s Zoning Code; and WHEREAS, in 2016, the City Council adopted the Anaheim Canyon Specific Plan, and rescinded the Northeast Area Specific Plan. As part of the Council’s actions, the Council replaced the permitted locations for Emergency Shelters within the Northeast Area Specific Plan with Development Areas (DA) 1 and 2 of the Anaheim Canyon Specific Plan; and WHEREAS, on September 12, 2017, City Council adopted Resolution No. 2017-140, declaring a public health and safety state of emergency related to the homeless, homelessness and homeless encampments. The resolution directed City staff to take action to provide needed shelter and services for the homeless in our community, and to address unlawful activity within the City and along the Santa Ana River Trail; and WHEREAS, on August 14, 2018, City Council adopted Resolution No. 2018-118 declaring a shelter crisis in accordance with Government Code Section 8698 et seq. (a “Shelter Crisis”) in order to participate in the State’s Homeless Emergency Aid Program (HEAP) established by Senate Bill No. 850 (2017-2018, Reg.Sess.); and ATTACHMENT NO. 1 -2- WHEREAS, in light of the adoption of Resolution Nos. 2017-140 and 2018-118, the City Council has declared that there is a Shelter Crisis, which is a condition that is not exclusive to the City of Anaheim; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, the City of Anaheim desires to now update and amend Section 18.38.125 (Emergency Shelters) of the City’s Zoning Code to clarify the location, separation, and approval process for Emergency Shelters and to allow modifications to some standards during a declared Shelter Crisis to better allow the City to combat homelessness and create a continuum of shelter and service options for those living without shelter in the community; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as “CEQA”) and the State of California Guidelines for 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 “State CEQA Guidelines”), the City is the “lead agency” for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is exempt from the requirements to prepare additional environmental documentation pursuant to CEQA Guidelines Section 15060(c)(2), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. TEXT OF AMENDMENT That Section 18.38.125 (Emergency Shelters) of Chapter 18.38 (Supplemental Use Regulations) of Title 18 (Zoning) of the Anaheim Municipal Code be, and the same is hereby, amended and restated to read in full as follows: -3- 18.38.125 EMERGENCY SHELTERS. An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety Code, shall comply with all of the following provisions: .010 Location. An Emergency Shelter that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters) may locate on any parcel: .0101 Designated by the General Plan for Industrial land use; and, .0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone. .020 Separation. An Emergency Shelter is prohibited on parcels that meet any of the criteria below, unless approved through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .0201 Parcels within 300 feet, measured from the property line, from any other Emergency Shelter, .0202 Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses, .0203 Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility. .030 Approval. The following shall be the approval process for an Emergency Shelter that meets the Location, Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters): .0301 A single Emergency Shelter housing up to 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be a permitted use. .0302 Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit. .0303 Any other Emergency Shelter shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). .0304 The Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters) may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required). .040 Facility. All Emergency Shelters shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and the following requirements, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): -4- .0401 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments. .0402 Waiting area. A client waiting area shall be provided and contain a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. .0403 Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. .0404 A minimum of one toilet shall be provided for every eight beds per gender. .0405 A minimum of one shower shall be provided for every eight beds per gender. .0406 A private shower and toilet facility shall be provided for each area designated for use by individual families. .0407 Kitchen facilities and dining hall or designated dining area shall be provided for the preparation and serving of meals for clients and staff. .0408 The facility may provide the following services; however, these services shall be in a designated area separate from sleeping areas: .01 Indoor and outdoor recreation facilities. .02 A counseling center for job placement and/or educational, legal, or mental and physical health services. .03 Laundry facilities to serve the clients at the shelter. .04 Other similar facilities and services geared towards the needs of homeless clients. .050 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required): .0501 Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may -5- remain on the premises to avail themselves of other services offered. Clients must check in daily and have no guaranteed bed for the next night. .0502 Maximum length of stay. A person’s maximum length of stay at the facility shall not exceed 180 days in a 365 day period. .0503 Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. .0504 Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. .0505 Security and safety. Twenty-four (24) hour a day security shall be provided. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. .0506 Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. .0507 Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. .0508 Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. .0509 Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. .0510 Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. .0511 Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. .0512 Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided on a continual basis. .060 Additional Findings Required. Before the approval authority, or City Council on appeal, may approve modifications to the requirements of this Section through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a finding of fact, by resolution or written decision, that the evidence presented shows that the following conditions exists: -6- .0601 That the City Council has declared that a shelter crisis exists pursuant to California Government Code Section 8698 et seq., as the same may be amended from time to time; .0602 That strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of this Section would prevent, hinder, or delay the City’s participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017- 2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. -7- SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the ____ day of ______________, 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the ____ day of ______________, 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By: __________________________________ MAYOR OF THE CITY OF ANAHEIM ATTEST: ______________________________________ CITY CLERK OF THE CITY OF ANAHEIM 129876/LM 10/8/2018 Chapter 18.38 SUPPLEMENTAL USE REGULATIONS xx http://library.amlegal.com/alpscripts/get-content.aspx 1/2 Print Anaheim Municipal Code 18.38.125 EMERGENCY SHELTERS. An Emergency Shelter shall comply with all of the following provisions: .010 Maximum Occupancy. A single Emergency Shelter housing up to 50 occupants, or a combination of multiple shelters with a combined capacity not to exceed 50 occupants, shall be a permitted use on any parcel within the I (Industrial) Zone or the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone, excluding properties within Development Areas 3, 4, 5 or 6; however, emergency shelters shall not be permitted in either zone on parcels designated by the General Plan for any residential use, including mixed- use residential. Any other Emergency Shelter in the “I” Industrial Zone or the Anaheim Canyon Specific Plan No. 2015-01 (SP2015-01) Zone shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits). Religious institutions located within the “I” Industrial Zone may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit, regardless of current combined capacity with any existing Emergency Shelters currently in operation, subject to the minimum development standards contained in this Section. .020 Stays at the facility shall be provided on a first-come first-served basis. The facility shall be open 24 hours a day; however, clients shall only be admitted to the facility only between 6:00 p.m. and 8:00 a.m. Clients must check out of the facility by 8:00 a.m. but may remain on the premises to avail themselves of other services offered. Clients must check in daily and have no guaranteed bed for the next night. .030 Maximum length of stay. A person’s maximum length of stay at the facility shall not exceed 180 days in a 365 day period. .040 Alcohol and narcotics use and consumption are prohibited both within the facility and on the property. .050 Separation of uses. A minimum distance of 300 feet, measured from the property line, shall be maintained from any other Emergency Shelter. A minimum distance of 1000 feet, measured from the property line, shall be maintained from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses, any public or private school serving a minor population, any day-care center and any assisted-living facility. .060 Staffing. A minimum of one (1) staff member per fifteen (15) beds shall be on active duty when the facility is open. .070 Bicycle racks or bicycle lockers shall be provided by the facility. .080 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Police Departments. .090 Waiting area. A client waiting area shall be provided and contain a minimum of 10 square feet per bed provided at the facility. The waiting area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6-foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements. .100 Outdoor storage. Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall. ATTACHMENT NO. 2 10/8/2018 Chapter 18.38 SUPPLEMENTAL USE REGULATIONS xx http://library.amlegal.com/alpscripts/get-content.aspx 2/2 .110 Facility improvements. All facility improvements shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and shall also comply with the following requirements: .1101 A minimum of 1 toilet for every 8 beds per gender. .1102 A minimum of 1 shower for every 8 beds per gender. .1103 Private shower and toilet facility for each area designated for use by individual families. .1104 Kitchen facilities and dining hall or designated dining area shall be provided for the preparation and serving of meals for clients and staff. .120 The facility may provide the following services in a designated area separate from sleeping areas: .1201 Indoor and outdoor recreation facilities. .1202 A counseling center for job placement and/or educational, legal, or mental and physical health services. .1203 Laundry facilities to serve the clients at the shelter. .1204 Client storage areas for the storage of bicycles or other personal items. .1205 Other similar facilities and services geared towards the needs of homeless clients. .130 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter. The Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Plan shall contain provisions addressing the following: .1301 Security and safety. Twenty-four (24) hour a day security shall be provided. Security and safety shall be addressed for both on and off-site needs, including provisions to address the separation of male/female sleeping areas as well as any family areas within the facility. .1302 Loitering control. Measures regarding off-site controls to minimize the congregation of clients in the vicinity of the facility. .1303 Management for outdoor areas. A system for daily admittance and discharge procedures, including monitoring for waiting areas, shall be developed to minimize disruption to nearby land uses. .1304 Staff training. A staff training program shall be maintained that provide adequate knowledge and skills necessary to assist clients in obtaining permanent shelter and income. .1305 Communications. A communication and outreach plan shall be developed to maintain good communication and response to operational issues which may arise from the neighborhood, City staff, or the general public. .1306 Client eligibility. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region’s current Homeless Management Information System. .1307 Counseling services. Provision of or links to counseling services are encouraged. Identify and describe the counseling programs to be provided as well as procedures that will be used to refer clients to outside assistance agencies. An annual report to the City on this activity is required. .1308 Litter control. Litter and trash removal attributable to the clients within the vicinity of the facility shall be provided on a continual basis. (Ord. 6234 § 2 (part); February 28, 2012: Ord. 6358 § 4; February 9, 2016.) 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. 2 PLANNING COMMISSION REPORT City of Anaheim PLANNING AND BUILDING DEPARTMENT DATE: NOVEMBER 14, 2018 SUBJECT: VARIANCE NO. 2018-05112 LOCATION: 6985 East Via El Estribo APPLICANT/PROPERTY OWNER: The applicant and property owners are Scott and Kelly Drew. REQUEST: The applicants are requesting approval of a variance to permit the construction of a wrought iron fence and decorative block pilasters within the required front yard setback of a single family residential property. 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 15303, Class 3 (New Construction or Conversion of Small Structures), and approving Variance No. 2018-05112. BACKGROUND: The subject 35,840 square foot property is currently vacant. A new 2-story single family home is currently under construction to replace the previous home which was destroyed in October 2017 by the Canyon 2 Fire. The only remaining structure is a detached patio cover located in the rear of the property. As part of the reconstruction, the applicant proposes to install new decorative security fencing and gates within the front yard setback. Surrounding land uses include single-family residences on all sides. The subject lot is a through-lot with frontages on Via El Estribo and Hidden Canyon Road. The property takes access from Via El Estribo with no access from Hidden Canyon Road. The General Plan designates the property for Estate Density Residential land uses and the zoning is Single-Family Hillside Residential (RH-2). PROPOSAL: The applicant proposes to construct 6-foot high wrought iron fencing with stone veneer pilasters and pedestrian and vehicle access gates within the front yard setback. The fence would be setback between 6 - 23 feet from the front property line as depicted in the following exhibit. The approval of this request requires a variance from the Anaheim Municipal Code which restricts fencing within the front yard setback to a maximum height of 3 feet. All fencing over 3 feet in height is required to maintain a minimum of 25-foot setback from the front property line. VARIANCE NO. 2018-05112 November 14, 2018 Page 2 of 5 The enlarged site plan below depicts the proposed fencing and gate locations. ENLARGED SITE PLAN The 6-foot high fencing would consist of wrought iron fencing, two pedestrian gates, one vehicular gate and six concrete pilasters. The pilasters are proposed with the same stone veneer and stucco colors of the new home currently under construction. STREET VIEW VARIANCE NO. 2018-05112 November 14, 2018 Page 3 of 5 The applicant indicates that the fencing and gates would provide for personal security and privacy. The applicant’s request letter (Attachment 2) states that the neighborhood has experienced nine home break-ins since July 2017, including the home next door. According to the applicant, the proposed fence height would be consistent with the neighborhood trend relative to the types of front yard fencing. Both the Master and Sub-Master Homeowner’s Association have approved the proposed fencing early this year. 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 applicant has provided justification for the variance (Attachment 3) indicating that the existing topography precludes development on the rear half of the lot. This portion of the lot slopes downward toward Hidden Canyon Road and is encumbered by a 50-foot wide Metropolitan Water District (MWD) easement, thereby limiting the amount of useable recreational area adjacent to the house. Because of these hardships, the applicant proposes to rebuild their home on the front half of the property and secure the front yard by installing a fencing system with pedestrian gates and a sliding vehicular access gate. The applicant has provided aerial photographs and street views of other homes in the immediate vicinity that currently have security gates and fencing within the front yard setbacks (Attachment 3). Ten of the 14 homes on the adjoining streets currently have security fencing with similar features. The applicant believes that the proposed fencing will provide for safety and privacy and is designed to be compatible with the new home while in keeping with the character of the neighborhood. VARIANCE NO. 2018-05112 November 14, 2018 Page 4 of 5 Staff agrees that there are special circumstances pertaining to the subject property due to the existing topography, a steep slope on a large portion of the lot, and a limited amount of recreational area around the house. The fencing is proposed with a varied setback designed to provide for landscaping in front of the fence to soften views and be compatible with other fences in the neighborhood. The character and design of the front yard fence would be complimentary with the design of the owner’s residence and the surrounding single family homes. Furthermore, the fence would not impact the lines-of-sight of the adjacent streets or driveways. The fencing would provide for privacy and security while maintaining the character on Via El Estribo and the Hidden Canyon Estates neighborhoods. Staff also believes that strict application of the Zoning Code would deprive this property of privileges enjoyed by other properties under identical zoning classification. Aside from the Hidden Canyon Estates development, there are other Single Family Residential Hillside (RH-2) zoned properties in Anaheim Hills with similar fence heights within the front yard setback areas. Although many of these fences were constructed without a building permit, City records indicate that variances have been granted for some of the properties. Staff will be analyzing the impacts of allowing these types of fences and walls within front yard setbacks of all residential hillside neighborhoods in the RH-2 zone. The Code currently permits 6- foot high fences within the front yard setback for properties in the RH-1 zone, and staff will evaluate whether these type of fences should also be allowed by right in the RH-2 zone. Based on these reasons and the existing conditions on the site, staff believes that the fence height variance request is justified in this case. In addition, several letters from property owners in the neighborhood have been received in support of the proposed variance request, including a letter from both abutting property owners. Copies of these letters have been included in Attachment 6. VARIANCE NO. 2018-05112 November 14, 2018 Page 5 of 5 AERIAL PHOTO (Prior to Canyon 2 Fire) Environmental Impact Analysis: Staff recommends the Planning Commission find that the effects of the proposed project are typical of those generated within the Class 3 (New Construction) Categorical Exemption. Class 3 consists of the construction and location of limited numbers of new, small facilities or structures. The proposed project is a request for approval of a variance to permit the construction of a wrought iron fence and decorative block pilasters within the front yard setback. 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 6-foot high wrought iron fencing within the front yard setback of the subject single family residential property would not be detrimental to the surrounding properties and would be designed to be compatible with the surrounding neighborhood. Based on the reasons stated above, staff is supportive of the Variance and recommends approval of this request. Prepared by, Submitted by, Wayne Carvalho David See Contract Planner Principal Planner Attachments: 1. Draft Variance Resolution 2. Letter of Request 3. Variance Justification 4. Site Plan and Elevations 5. Site Photographs 6. Letters in Support RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)DEV2018-00106VACANT RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE SP 87-1 (SC)PARK_BOPEN SPACE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RS-3 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCERH-2 (SC)VACANT RH-2 (SC)SINGLE FAMILYRESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE RH-2 (SC)SINGLE FAMILY RESIDENCE E S E R R A N O A V E S H I D D E N C A N Y O N R D E A V E N I D A D E S A N T I A G O E .S E R R A N O A V E E.CANYONRIMRD 6 9 8 5 Ea st V ia E l Est ri b o D E V N o . 2 0 1 8 -0 0 10 6 Subject Property APN: 365-201-02 °0 50 100 Feet Aerial Pho to:May 20 16 E S E R R A N O A V E S H I D D E N C A N Y O N R D E A V E N I D A D E S A N T I A G O E V I A E L E S T R I B O E A V E N I D A D E S A N T I A G O E .S E R R A N O A V E E.CANYONRIMRD 6 9 8 5 Ea st V ia E l Est ri b o D E V N o . 2 0 1 8 -0 0 10 6 Subject Property APN: 365-201-02 °0 50 100 Feet Aerial Pho to:May 20 16 [DRAFT] ATTACHMENT NO. 1 - 1 - PC2018-*** RESOLUTION NO. PC2018-*** A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING VARIANCE NO. 2018-05112 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00106) (6985 EAST VIA EL ESTRIBO) WHEREAS, the Planning Commission of the City of Anaheim (herein referred to as the "Planning Commission") did receive a verified petition for Variance No. 2018-05112 to permit the construction of a wrought iron fence with decorative block pilasters and access gates within the front yard setback at a certain real property located at 6985 East Via El Estribo in the City of Anaheim, County of Orange, State of California, as generally depicted on Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the subject 35,840 square foot lot is located within the Estates of Hidden Canyon and which main residential structure was destroyed by the Canyon 2 Fire in October 2017. The property is designated for Estate Residential land uses by the Anaheim General Plan. The Property is located in the "RH-2" Single-Family Hillside Residential Zone and is subject to the zoning and development standards contained in Chapter 18.04 (Single- Family Residential Zones) of the Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 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 Variance No. 2018-05112 (the "Proposed Project"), 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 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 Proposed Project is within that class of projects (i.e., Class 3 – New Construction) which consists of construction and location of limited numbers of new, small facilities or structures, and that, therefore, pursuant to Section 15303 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 - 2 - PC2018-*** 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 Variance No. 2018-05112, does find and determine that the required findings for approval of a variance to allow the wrought iron fencing, block pilasters, and vehicular and pedestrian gates can be made because: 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 rear half of the lot has a steep slope that runs down toward Hidden Canyon Road and is encumbered by a 50-foot wide Metropolitan Water District (MWD) easement, thereby limiting the amount of buildable area on the site, as well as the amount of useable recreational area adjacent to the house. 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. There are other homes in the immediate vicinity with security gates and fencing within the front yard setbacks. The character and design of the front yard fence would be complimentary with the design of the owner’s residence and the surrounding neighborhood. Furthermore, the fence would not impact the lines-of-sight to adjacent streets or driveways. 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. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, this Planning Commission does hereby approve Variance No. 2018-05112 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 Variance No. 2018-05112 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. - 3 - PC2018-*** 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 November 14, 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 November 14, 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 14th day of November, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** - 6 - PC2018-*** EXHIBIT “B” VARIANCE NO. 2018-05112 (DEV2018-00106) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL 1 All proposed pavers, fences, gates, doors, walls, and pilasters along with their footings and foundations shall be built outside of the existing 5-foot Public Utility Easement (P.U.E.) and outside of the public right-of-way. Public Works Department, Development Services 2 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 3 The subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department under VAR2018-05112. Planning and Building Department, Planning Services Division 4 Approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Planning and Building Department, Planning Services Division 5 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 LETTER OF REQUEST – DREW REBUILD CANYON 2 FIRE 1 Scott & Kelly Drew 2755 E. Vista Ridge Dr. Orange, CA, 92867 Kelly cell: (714) 394-8535 kellydrewca@gmail.com 9/18/2018 RE: LETTER OF REQUEST – Fence Variance Drew Rebuild – Canyon 2 Fire Complete Loss Rebuild Address: 6985 E. Via El Estribo Anaheim, CA 92807 Dear Planning Commission: This proposal letter is to request and substantiate the grant of a Variance to Section 18.46.110 screening, fences, walls, and hedges which states that permitted fences cannot exceed 3 feet in height, for our residence at 6985 E, Via El Estribo in Anaheim. Security Fence, Vehicular Gate, & Pedestrian Gate We request a Variance allowing a security fence to be built in the front of our property, following the property line, but within the 25’ set back at a few points including 20’6”, 10” (pedestrian gate – one side), 15’3”, and 24’ respectively (see attached plans). None of these areas extend into the City’s right of way. The reason for following the proposed fence line is primarily to bring the property into visual harmony and trend of our neighborhood. Our equally important need for this security fence, vehicular gate, & pedestrian gate is for personal security. As of July 2017, our neighborhood experienced nine home break-ins, including one right next door at 6991 E. Via El Estribo. Kelly is often home alone overnight due to Scott’s varying travel schedule and would feel more safe and secure with the requested variance to fence height. The proposed security fence’s 6-foot height at its highest point is requested in order to provide following of the neighborhood trend of having a fence of this type and height and for increased home security. It is our absolute intent (for our own personal architectural preferences as well as the needs of the Planning Commission) to create a security fence that specifically blends in with and is in complete harmony with the neighboring fence types and appearances as well as approved by both the Master and Sub-Master HOA’s (approved by both March 2018): ATTACHMENT NO. 2 LETTER OF REQUEST – DREW REBUILD CANYON 2 FIRE 2 • The proposed fence shall be constructed of stone and wrought iron in an identical manner as several neighboring properties’ fences and security gates. • The proposed fence shall be finished in the identical manner (stone/wrought iron) as our existing backyard (see attached photos). • The proposed fence is desired, intended, and shall be built specifically to be unobtrusive and “low key”, blending in with the neighborhood. Additionally, the proposed fence and gate that this Variance is being requested for does not encroach or infringe on any neighboring residential properties, nor would it impose any hardship on any neighbors, nor would it serve to create a situation where any neighbor’s quality of life, property value, or peaceful co-existence would be negatively affected. Quite the contrary, the proposed Variance would allow the petitioner to become better neighbor by blending in, enjoying greater personal security, and achieve greater privacy. Photographs and a PowerPoint presentation in support of the requested Variance are attached. Thank you for your consideration. Respectfully submitted Scott & Kelly Drew Enclosure – presentation showing current property rebuild status, front of home rendering, and example of fence aesthetics. Fence Variance Scott & Kelly Drew Rebuild 6985 E. Via El Estribo Canyon 2 Fire Complete Loss 9/18/18 Drew Rebuild ~ 6985 Via El Estribo 6985 E. Via El Estribo Taken 9-18-186985 E. Via El Estribo Google Street View Rendering or what our completed home will look like… 9/18/18 Drew Rebuild ~ 6985 Via El Estribo Existing California Room Stone Stucco Paint Color Custom sliding Security Gate -stonework to match existing stone in backyard All exterior stone & stucco will match existing stone in the backyard Drew Rebuild ~ 6985 Via El Estribo Outdoor Lighting Kichler Courtyard Collection Outdoor Posts front yard ~ Oil Rubbed Bronze Finish Outdoor Wall Lantern ~ Oil Rubbed Bronze Finish FX Luminaire Landscape Lighting (same as before) 3/27/18 Drew Rebuild ~ 6985 Via El Estribo Rebuild will match existing California Room in back yard… Examples of our beautiful backyard. Our gorgeous trees and landscaping are gone, but we hope to someday enjoy this same resort style backyard ❤ Fence will match the back yard 3/27/18Drew Rebuild ~ 6985 Via El Estribo Fence Variance – Drew Rebuild Answers to Justification For Varianc e Questions 1 Scott & Kelly Drew 2755 E. Vista Ridge Dr. Orange, CA, 92867 Kelly cell: (714) 394 -8535 kellydrewca@gmail.com 9/18/2018 RE: Fence Variance - Answers to Justification For Variance Questions Drew Rebuild – Canyon 2 Fire Complete Loss Rebuild Address: 6985 E. Via El Estribo Anaheim, CA 92807 Dear Planning Commission: We are requesting a height variance to Section 18.46.110 screening, fences, walls, and hedges which states that perm itted fences cannot exceed 3 feet in height. We are asking for your permission to install a 6ft wrought iron security fence, sliding vehicular gate, and pedestrian gate. Please find our answers below to the Justification For Variance form below: 1. Identify and special characteristics of the property such as shape, topography, location or surroundings that cause the requested development to not meet zoning codes. The topography of this property is such that we are only able to build on the front half of the lot due to the rear slope. Because of this land related hardship, we would like to construct a sliding vehicular security gate and a pedestrian gate, in accordance with our neighborhood trend, and for our safety and privacy. 2. Do other properties in the vicinity have the same type of physical characteristics as this property? If so, please identify a few of them. Yes, ten of the fourteen homes on our street and adjoining street currently have security gates installed. See attached photos. (Attachments 1 t hrough 12). ATTACHMENT NO. 3 RE: Fence Variance - Answers to Justification For Variance Questions 9/18/2018 Page 2 3. Identify any other neighboring properties that have the same type of improvement that you are requesting. Please see the attached photos. (attachments 1 through 12). Please find the addresses of the homes in our immediate neighborhood have the same type of security/privacy gate we are seeking the variance for: 6950 E. Via El Estribo 6960 E. Via El Estribo 6961 E. Via El Estribo 6965 E. Via El Estribo 6970 E. Via El Estribo 6971 E. Via El Estribo 6975 E. Via El Estribo 6980 Santiago 1050 S. Hidden Canyon 1070 S. Hidden Canyon 4. Identify the cause of the special characteristics of the site that limits the ability to comply with code requirements (e.g. natural slope of the land, placement of the other structures). The topography of this property is such that we are only able to build on the front half of the lot due to the rear slope. Because of this land related hardship, w e would like to construct a sliding vehicular security gate and a pedestrian g ate, in accordance with our neighborhood trend, and for our safety and privacy. Thank you for your consideration. Sincerely, Scott & Kelly Drew Enclosure – attachments 1 through 12 – photos of neighborhood fences AT T A C H M E N T N O . 4 ATTACHMENT NO. 5 October 15, 2018 MckyWalker 6965 E Via El Estribo Anaheim, CA, 92807 Dear Anaheim City Planning Commission, This letter is to affirm support for my neighbors, Scott and Kelly Drew's variance request to construct a 6-foot-high sliding vehicular security gate and a pedestrian gate on their property as they rebuild their home at 6985 E. Via El Estribo, after losing it in the Canyon 2tire last year. We live a few houses down, and appreciate the need for security and privacy as well as this type of fence fitting in with the aesthetics of the neighborhood. Thankyotr, \.\ \ \^\.", '-' . 'Nqrr{-1.; Vicky t W-alktr 7L4-8L3-4787 ATTACHMENT NO. 6 Ashley A. Baron Attorney at kw 5753 E. SantaAna Canyon Rd. Suite G Anaheim Hills, CA 92807 Tel. (714) 9'14-1400 Fax (714) 974-1lll AshleyBaronEq @ yahoo.com www.ashleybaron.com aaa .Ur,ru Orplcr: 6300-H N. Sage Wood Dr. Suite 390 Park City, UT 84098 October 21,2018 Anaheim City Planning Commission Re: Kelly & Scott Drew's Variance Request To Whom it May Concern; I am the next-door neighbor of Kelly & Scott Drew and own and live at 6991 E. via El Estribo, Anaheim, California 92807. The Drews live at 6985 E. via El Estribo, Anaheim and are rebuilding their home after it was destroyed in the Canyon II fires. The Drews have shown me the plans for the proposed 6 feet high sliding vehicular security gate and pedestrian gate on their property. I have no opposition to the gate. Should you have any questions please do not hesitate to contact me. BARON LAW GROUPM Esq. (Bova) October 16, 2018 Dear Anaheim City Planning Commission, This letter is to affirm our support for our neighbors, Scott and Kelly Drew’s variance request to construct a 6-foot-high sliding vehicular security gate and a pedestrian gate on their property as they rebuild their home at 6985 East Via El Estribo, after losing it in the Canyon 2 Fire last October. We live directly across the street from the Drews and appreciate the need for security and privacy as well as this type of fence fitting in with the aesthetics of the neighborhood. We fully support a variance for Drews gate Thank you, Judy and Richard Maus 6990 East Via El Estribo Anaheim, CA 92807 (714) 528-1925 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: NOVEMBER 14, 2018 SUBJECT: CONDITIONAL USE PERMIT NO. 2018-05973 LOCATION: 1550 South Lewis Street (Harmony Funeral and Cremation Services) APPLICANT/PROPERTY OWNER: The applicant is Terry Harmon and the property owner is 1150 Marigold Holdings, LLC, represented by Humayon Yousuf Khan. REQUEST: The applicant is requesting approval of a conditional use permit to allow a crematory within an existing industrial business complex. RECOMMENDATION: Staff recommends that the Planning Commission approve the attached resolution (Attachment No. 1), 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. 2018-05973. BACKGROUND: This 0.4-acre property is developed with an industrial building and is part of a larger industrial complex with a shared driveway easement and open parking areas. The property is located in the “I” Industrial zone. The General Plan designates the property for Industrial land uses. Surrounding land uses include industrial uses to the south and west, the KHS Ice Arena to the northwest, and other industrial uses across the railroad tracks on the north and east sides of the property. The applicant owns a funeral home and cremation business called Prestige Cremation at two other locations in the cities of Orange and Arcadia. The business is a local, family run operation which was originally established in 2011. They serve approximately 800 families and expect to serve over 870 families by the end of 2018. Project  Site  CONDITIONAL USE PERMIT NO. 2018-05973 November 14, 2018 Page 2 of 6 PROPOSAL: The business currently contracts with a separate, independent crematory operator. The applicant would like to expand their business by owning and managing their own crematory facility. All funeral arrangements and client meetings are conducted off-site at their other two locations. Funeral arrangements and administrative offices are not proposed at this location. The applicant proposes a 9,218 square foot crematory with a new walk-in cooler, preparation room, viewing room, two storage rooms, five offices, a reception lobby and restrooms. No changes to the exterior of the building are proposed. No customers would visit this new location, except when family members would like to participate in witnessing the cremation process. Viewings may occur once every few months, with approximately 6-10 people per visit. Business hours for the crematory would be Monday through Saturday from 9:00 a.m. to 6:00 p.m. The business owner plans to employ a maximum of two to three people. CREMATORY OPERATIONS: It is common practice for mortuaries and crematories to obtain a legal, signed death certificate that permits proper disposal of the deceased. This takes approximately three to twelve days, at which time the bodies are required to be refrigerated by law. As part of the identification process, each deceased person is logged with tags or name bracelets from a hospital or care center. Families verify their loved ones and authorize Harmony Funeral Home to pick up the body and bring it to the crematory facility. All deliveries by vehicles will be backed into the building through the garage door. All bodies will be removed only when the garage door is closed to maintain privacy. There will be no building wall signage so as to keep the business discrete and private. All bodies are checked into a log book and placed in a container for refrigeration until the legal documents have been authorized and completed. Based on the facility’s size of the units and the state’s permitting process, there would be only be two to five cremations per day. As part of the crematory process, no teeth would be removed and no harvesting of the deceased is permitted, even if requested by family members. A third party business would need to be contracted for these types of requests. Proper disposal of materials and or metals, such as pace makers that can be recycled, would also be disposed of by a bio-hazard Future Chamber Location Viewing Room  CONDITIONAL USE PERMIT NO. 2018-05973 November 14, 2018 Page 3 of 6 company, typically every few months. The cremation process takes about 90 to 120 minutes depending the weight and size of the deceased. The applicant does not anticipate cremating any person over 400 pounds as this may compromise the units. If there are any clients that would exceed this weight limit, they would be outsourced to another location. The retort chamber cannot be accessed and opened at any time during the process, as a safety feature. There would be cameras installed on the roof pointed at the smoke stacks to observe air flow and adequate ventilation. When the cremation cycle is completed, the burners automatically turn off and allow the air blowers to cool the interior. All remains would be retrieved and the chambers are then cleaned out. The next cremation operation can begin shortly thereafter. The business currently operates with licensed approval with the State of California, Cemetery and Funeral Bureau, located in Sacramento, California. This licensing requires the crematory to meet the Occupational Safety and Health Administrative (OSHA) standards annually. Inspections occur three to four times a year. A copy of their permit to construct and operate is attached for reference in Attachment #5. The new crematory facility would also be inspected by the South Coast Air Quality Management District (SCAQMD) to meet air quality and emissions requirements. The business has obtained permission to construct and operate the facility from SCAQMD in accordance with conditions of approval per the regulations from that agency. 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. A conditional use permit is required to permit mortuary and crematory facilities in the Industrial zone in order to determine compatibility with the surrounding area. Staff believes that the use would be compatible with other industrial businesses in the surrounding area because the cremation and deliveries would occur entirely within the industrial building and adequate parking for the use would be provided as described in the parking analysis below. Furthermore, the proposed operating CONDITIONAL USE PERMIT NO. 2018-05973 November 14, 2018 Page 4 of 6 hours would occur during normal business hours for the complex with no cremation processes occurring during evening hours. In addition, there would be no exterior advertising to identify the crematory business, thereby creating no visual impact to the general public. The business is also governed by SCAQMD regarding emissions and licensed by the State Cemetery and Funeral Bureau. According to the applicant, the installation of modern equipment and state of the art chambers would not generate pollutants into the atmosphere. Staff contacted SCAQMD to better understand how emissions are evaluated for these types of uses (see Attachment 6). The SCAQMD engineer explained that each permit is subject to compliance with certain conditions of approval. Additionally, a facility is required to have a follow-up testing once the equipment has been installed. Based on these reasons, the establishment of this use would not impact the operations of other nearby commercial and industrial businesses or be detrimental to the health and safety of the citizens of the City of Anaheim. Parking: The property has 17 on-site parking spaces to accommodate the proposed business. The building is part of an industrial complex, but each parcel has its own required on-site parking. There are no gates or fences that separates the parking spaces for each building. Anaheim Municipal Code Section 18.42.040 stipulates that parking requirements for mortuaries are evaluated based on a parking study. There are no specific parking standards for crematory uses. Since the business has its primary mortuary business off-site, and the expected parking demand would be no more than 12 vehicles at one time, staff determined that the site has sufficient parking for the proposed use. Staff also evaluated a previous parking study submitted for another mortuary facility located a half mile south of the property. It has a similarly sized facility and provides 28 parking spaces. The Traffic and Parking Consultant identified that the facility would have a parking demand of 13 spaces. Applying this factor to the current proposal, the existing 17 parking spaces would be adequate to accommodate the crematory facility.    Site Plan  17 Onsite Parking Spaces CONDITIONAL USE PERMIT NO. 2018-05973 November 14, 2018 Page 5 of 6 Public Inquiry: Staff received one public inquiry that was in opposition to the proposed project, expressing concerns of toxic emissions that would impact their heating and air conditioning distribution warehouse. The neighboring business has been in Anaheim for over 40 years and is located just east of the project site across the railroad tracks. They expressed concern about prevailing westerly winds blowing emissions eastward toward their property. Staff has asked the applicant to provide more information on emissions from their equipment to address these concerns. American Crematory Equipment provided a Compliance Source Test Report for Live Oak Memorial Park that uses similar equipment which is proposed for this crematory (see Attachment 7). In that report, Table 2-1 (which is shown below) identifies the nitrogen oxide and carbon dioxide emissions at that facility, which are in compliance with SCAQMD allowable limits. According to American Crematory Equip., AQMD has modified their emission testing requirements over the years, as new advancements in technologies have reduced the number of toxins needing to be evaluated since particulates that used to be of concern have now become almost non-detectable. Source: Compliance Source Test Report by Accurate Environmental Services, Inc. According to the applicant, the proposed crematory would not have any odors that are emitted into the air because of the proposed built-in after burner chamber that removes all odors when combined with oxygen. This chamber would be set at 1,750 degrees, 200 degrees higher than the permit requires to prevent smoke from being emitted into the air; there would only be a heat plume that can be seen by the naked eye. 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. The proposed project is a request for approval of a conditional use permit to allow a crematory within an existing industrial business complex. 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. 2018-05973 November 14, 2018 Page 6 of 6 CONCLUSION: Staff believes that the conditions exist for Planning Commission to make the required findings to approve this request. The proposed crematory would not adversely affect the adjoining land uses or growth and development of the surrounding area because this property is surrounded by industrial uses, there would be minimal vehicle trips associated with the business, and no outdoor uses are proposed. The number of parking spaces provided would be adequate to accommodate the crematory and no impacts to the adjacent industrial businesses are anticipated. Staff recommends approval of this request. Prepared by, Submitted by, Lucita Y. Tong David See Contract Planner Principal Planner Attachments: 1. Draft Conditional Use Permit Resolution 2. Applicant’s Letter of Request 3. Site Plan and Floor Plan 4. Photographs 5. SCAQMD Permit to Construct and Operate 6. SCAQMD Email Correspondence 7. Sample AQMD Compliance Source Test Report IINDUSTRIAL RAILROAD IINDUSTRIAL IDEV2018-00067INDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL IINDUSTRIAL I (PTMU)OfficeINDUSTRIAL I (PTMU)OfficeINDUSTRIAL I (PTMU)OfficeINDUSTRIAL RAILROAD RAILROAD I (PTMU)OfficeSELF STORAGE FACILITY IINDUSTRIAL IINDUSTRIAL RAILROAD IICE RINK IINDUSTRIAL ISELF STORAGEFACILITY IVACANT S L E W I S S T E CERRITOS AVE S V E R N O N S T E. BALL RD E. KATELLA AVE S . L E W I S S T E.CERRITOS A V E S . H A R B O R B L V D S . S U N K I S T S T S . A N A H E I M B L V D S . S T A T E C O L L E G E B L V D E. GENE AUTRY WAY W. BALL RD S .D O U G L A S S R D W. KATELLA AVE W. DISNEY WAY 1 5 5 0 So u t h L e wi s S t r e e t D E V N o . 2 0 1 8 -0 0 06 7 Subject Property APN: 082-250-81 °0 50 100 Feet Aerial Pho to:May 20 16 S L E W I S S T E CERRITOS AVE S V E R N O N S T E. BALL RD E. KATELLA AVE S . L E W I S S T E.CERRITOS A V E S . H A R B O R B L V D S . S U N K I S T S T S . A N A H E I M B L V D S . S T A T E C O L L E G E B L V D E. GENE AUTRY WAY W. BALL RD S .D O U G L A S S R D W. KATELLA AVE W. DISNEY WAY 1 5 5 0 So u t h L e wi s S t r e e t D E V N o . 2 0 1 8 -0 0 06 7 Subject Property APN: 082-250-81 °0 50 100 Feet Aerial Pho to:May 20 16 [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. 2018-05973 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2018-00067) (1550 SOUTH LEWIS STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition to approve Conditional Use Permit No. 2018- 05973 to permit a crematory facility, (herein referred to as the "Proposed Project") on premises located at 1550 South Lewis Street 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 0.4 acre in size and is currently developed with an industrial building. The Property is located in the Industrial zone and is subject to the zoning and development standards of Chapter 18.10 Industrial Zone development standards. The Anaheim General Plan designates the Property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 14, 2018 at 5:00 p.m., and 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. 2018-05973, 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 Proposed Project is 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, 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. 2018- 05973, does find and determine the following: 1. The proposed request to permit a crematory within an existing industrial building is properly one for which a conditional use permit is authorized under the classes of allowable uses set forth in Section No. 18.10.030 of the Code. - 2 - PC2018-*** 2. The proposed conditional use permit to permit a crematory facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the business is surrounded by industrial buildings and a railroad track, all deliveries and cremation services will occur inside the building, no activities will occur during the evening hours, and no exterior advertising is proposed. 3. The size and shape of the site for the use is adequate to allow the full development of the crematory in a manner not detrimental to the particular area or to the health and safety because the facility would be located within an existing industrial building that is surrounded by other industrial uses and adequate parking would be provided to accommodate the crematory business. 4. The traffic generated by the creamtory 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 will be provided to accommodate the use. 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 would be integrated with the surrounding industrial uses and would not pose a health or safety risk to the citizens of the City of Anaheim. The facility is also governed by California State Crematory and Funeral Bureau and the South Coast Air Quality Management District to ensure that pollutants are not emitted into the atmosphere. and; 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. No. 2018-05973, 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. 2018-05973 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. - 3 - PC2018-*** 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 November 14, 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 November 14, 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 14th day of November, 2018. SECRETARY, PLANNING COMMISSION OF THE CITY OF ANAHEIM - 5 - PC2018-*** - 6 - PC2018-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2018-05973 (DEV2018-00067) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT OPERATIONAL CONDITIONS 1 Any graffiti painted or marked upon the premises or on any adjacent area under the control of the business owner shall be removed or painted over within 24 hours of being applied. Planning and Building Department, Code Enforcement Division 2 No loading and unloading of bodies shall occur outside of the building. The garage door shall remain closed while unloading deceased bodies. Planning and Building Department, Planning Services Division 3 The business shall be operated in accordance with the Letter of Request submitted as part of this application. Any changes to the business operation as described in that document shall be subject to review 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 4 There shall be no outdoor storage of materials. Planning and Building Department, Planning Services Division 5 There shall be no exterior wall signage or advertising which identifies the business as a crematory facility. All exterior signage shall be reviewed and approved by the Planning Services Division to determine conformance with this restriction. Planning and Building Department, Planning Services Division 6 The applicant shall obtain the proper permits from the State of California, Cemetery and Funeral Bureau and the South Coast Air Quality Management District prior to the issuance of building permits and/or occupancy for the business, whichever occurs first. Planning and Building Department, Planning Services Division 7 Prior to the commencement of the business operation, all of the proper permits and occupancy requirements shall be reviewed and approved by the Building Division. Planning and Building Department, Planning Services and Building Divisions - 7 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS OF APPROVAL 8 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 9 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 10 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 11 Curbs adjacent to the drive aisles shall be painted red to prohibit parallel parking in the drive aisles. Red curb locations shall be clearly labeled on building plans. Public Works, Traffic Engineering Division 12 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities, Electrical Engineering 13 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering - 8 - PC2018-*** NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 14 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 15. The following minimum clearances shall be provided around all new and existing water facilities (e.g. water mains, fire hydrants, service laterals, meters, meter boxes, backflow devices, etc.):  10 feet from structures, footings, walls, stormwater BMPs, power poles, street lights, and trees.  5 feet from driveways, BCR/ECR of curb returns, and all other utilities (e.g. storm drain, gas, electric, etc.) or above ground facilities. Public Utilities Water Engineering WITHIN 30 DAYS OF APPROVAL OF THE CONDITIONAL USE PERMIT 16. The existing 6-inch backflow prevention device on the 6-inch fire line serving the property shall be up-to-date with annual backflow testing as required by Cross Connection Division. Public Utilities Water Engineering PRIOR TO ISSUANCE OF BUILDING PERMITS 17. All requests for new water services, backflow equipment, or fire lines, as well as any modifications, relocations, or abandonments of existing water services, backflow equipment, and fire lines, shall be coordinated and permitted through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities Water Engineering PRIOR TO FINAL BUILDING AND ZONING INSPECTION 18. Owner/Developer shall install an approved reduced pressure principle backflow prevention assembly, lead free, on the 1-inch water service connection serving the property. The backflow device shall be located behind the property line and building setback in accordance with Public Utilities Department Water Engineering Division requirements. Public Utilities Water Engineering 1  ATTACHMENT 2  LETTER OF REQUEST:  (DETAILED PROPOSAL DESCRIPTION) CUP2018‐05973  We are proposing to the City of Anaheim Planning department, the consideration and approval  for our Funeral Home and Crematory facility to be located at 1550 Lewis Street, Anaheim, CA.  This would be a non‐residential project. We are an existing Funeral and Cremation Funeral  Homes, with currently two locations, one in Orange, Ca, and one in Arcadia, Ca. We currently  operate with licensed approval with the State of California, Cemetery and Funeral Bureau,  located in Sacramento, Ca. We are a locally owned and family own operation, we opened our  business approx 7 years ago, and as of the end of 2016, we served over 800 families. With our  good reputation and our long standing in the Funeral Industry, we are projected to serve over  870 families by year end. We are wanting to provide witness cremation, with all of the shameful  past of other funeral home and crematory operators, to be able to give families peace of mind.  Our plans call for housing a state of the art, facility. Our plan is to place a large portable  refrigerator unit, that can hold deceased prior to cremation,  http://www.uscooler.com/_products/walk‐in‐coolers/, We want to be able to maneuver and  install a proper and legal lifting machine for support. Our request is to obtain the building  located on 1550 Lewis St. Anaheim, and become a full operational Funeral Home and Crematory  to help families with cremation, with possible funeral services at our other locations. we want to  be able to keep our funeral business within our own family‐owned facility, instead of using an  outside competitor facility for cremation.  We would like to install the most advanced Cremation units, (2), that is manufactured here  locally in Orange County, this advantage is that we can do and keep a service contract up to date  at all times. Licensing and inspections will be done on a minimum of at least one inspection from  the South Coast Air Quality Management District, and well as the Crematory license from the  California State Cemetery and Funeral Bureau. Proper disposal with a licensed Bio‐hazard  company will also be contracted.  Currently, our concentration will be to be able to serve our Families that come to Chapman  Funeral Homes. Our advantage is we want to be able to keep the deceased that have intrusted  us with their loved one, in ours and only our facility care. Right now, we are having to use  outside sources and another competitor's crematory. With us being able to open our new  facility, the comfort of telling our families, that their loved one will never leave our care, and we  can control exactly what is being done to complete the task and wishes they expect us to do, in  a higher degree of success.  Our Normal business hours will be Monday thru Saturday, most hours will be 9:00am until  4:00pm or maybe longer, but at this time, We will do our best to operate during a normal 8am ‐  5pm hours. Most families currently do come to our two facilities to make all of the  arrangements, currently have located in the City of Arcadia, and in the City of Orange, With the  TM HARMON INC, dba, Prestige Cremation, we are proposing, families will have the choice to  make arrangements in either of our two locations. and complete all legal documents which is  2  giving personal information about the deceased, signing ALL proper and legal forms, by the  Legal next of kin, possible ID Viewing either in person, or by Photo ID. Making arrangements  takes an average of 15 mins.  In California law, A cremation or Burial, cannot be completed until we (as the Funeral Home)  obtain the legal and signed Death certificate and file legally with the proper county, where the  death has occurred. At that time of filing, we then can obtain a legal permit as so directed on  the permit, for disposition of the deceased, to either be cremated or burial, or transit out of  State. Most times, this process can take an average of 3‐ 7 business days. So during that time, it  is California Law that all deceased have to be placed in refrigeration or embalmed within a 24  hour period of death. Each cremation will be done one deceased at a time, no exception.  We will provide the utmost respect for everyone of our deceased. We treat them and care for  them, since grieving families are trusting us, and we just care enough to maintain our high  degree of respect. In our process of identification, we always leave any form in tags or name  bracelets from a hospital of care center. If the deceased passes away from a residence, we  always place our own special ankle bracelet, of who they are, where they passed, the date, and  location. All families are required to sign a form stating that this is indeed that person. With the  large facilities, we are able to bring a deceased into the building with our vehicle backing into  the building, closing the sliding door, and giving us the privacy, and not disturbing neighbors.  Each deceased is then checked into our log book, and all information, will be placed in the log,  matching the bracelet. All documentation and forms will be in full detail and retained in  permanent folders. Each deceased will be proper covered at all times, with special disposable  sheets, or if the family has dressed the person, we respectfully leave it all on. When a deceased  is completed for identification, we then place them into a cremation container for privacy, the  container can be a cardboard, or wood box container, (family chooses). The same proper  identification will also be entered on the outside of each container. The deceased will then be  placed in refrigeration until such time and legal documents are completed and authorized.  We will be cremating on an average of 2 to 6 people per day, if and only if, we obtain the  proper and legal permit. We will not remove teeth, nor harvest deceased in any way, even if  requested by family members. They will have to seek outside businesses for that. We will at all  times monitor the cremation process on each case. Even though not necessary, we will place a  camera outside pointed at the stack to always make sure air flow, and no distress in any way is  hampering the process. The retort (crematory) has numerous safety features, and the chamber  cannot be accessed and opened at any time during cremation. After the cremation cycle is  completed, the burners turn themselves off, we allow the air blowers to cool the inside down,  enough to open the front chamber, and be able to sweep the inside chamber thoroughly, so we  can retrieve all necessary cremated remains from each deceased, until we feel we have  completed the task. We then would be able to proceed with the next cremation, and start the  operation again, with a new heating cycle. We allow each cremated remains to cool down  naturally, and thus be able to place them in the selected urn or quality container, as chosen by  family members. All cremated remains will be taken back by our own staff, for families to pick  up at one of our facilities.  3  One of the qualities of this building is the fact SCAQMD, requires a functioning fire protection  sprinkler system to be installed. It is already installed.  Security will be very obvious. We will install cameras and proper locks on the facility, on the  cooler doors, and on each office door. We will be obtaining a security system and a monitoring  system, from a local vendor. Another advantage is this building has heavy roll up doors, so our  transport vehicles will be able to remote use the private back door, back into the facility, and  close the door, where we then can bring the deceased out of one of our Four Navigator vehicles.  We will always maintain our equipment, weather it be the retort (crematory), everyone of our  vehicles have a maintenance program we follow. We will not hesitate to repair, replace, and  keep our facility beautiful and clean. The cremation unit runs very efficient, and is smoke free,  and emissions are kept to a minimum.  With today's technology, crematory's are run by computer, and has efficient air controls and  completes the cremation process in under two hours normal time. In today's world, no one will  be able to detect or tell when a cremation in being completed. Also in today's world, our culture  is not afraid of death, nor of the dying. We have so many programs that comfort the dying and  their families, where 20 years ago, our grandparents would not even discuss death. We as an  advanced society, have come to terms with death, and more and more people are choosing  cremation as their chose of final demise. People today are choosing cremation at an alarming  rate. In California alone, The cremation rate is currently over 625 of our population. This is why  it is so important we be granted this opportunity in the community of Orange. We can state with  honest facts and systems manufacturing, no one will ever see or smell, or even know of the  service we are performing to serve families. The overall operation is very simple in nature, and  respectful. Having our entire operation take place under one roof is an ideal scenario, and  actually will increase the simplicity, and we can continue keeping our costs down, and we pass  the savings directly to all families.  This facility is ideal, due it being on a nice, easy access well maintained road in the industrial  building complex. Parking for 2 or 3 employees is all we will require, the facility give 18 parking  spaces, and one Handicap marked space.  No changes to the outside structure will be required, with the exception of installing the proper  and legal stack, that the South Coast Air Quality District requires. We will provide a local vendor  for inspection and make sure roof is sound the sealed properly. There are no schools, nor  residences in the area, and the surrounding neighboring businesses are few.  There are no unique conditions for the site.  There will not be any phasing of the project.  There will not be an application for Alcohol Beverage Control.  Here is detailed information reqardinq cremation  Cremation is the combustion, Vaporization and oxidation of dead bodies to basic chemical  compoundshttps://en.wikipedia.org/wiki/Chemical compound such as gases, ashes and  mineral fragments retaining the appearance of dry bone.lll Cremation may serve as a  4  funeralhttps://en.wikipedia.org/wiki/Funeral or post‐funeral rite that is an alternative to the  interment of an intact dead body in casket or shroud. Cremated remains, which do not  constitute a health risk, may be buried or interred in memorial sites or cemetery, or they may  be retained by relatives and dispersed in various ways. Cremation is not an alternative to a  funeral, but rather an alternative to burial or other forms  The cremation occurs in a crematory that is housed within a crematorium and comprises one or  more furnaces. A cremator is an industrial furnace that is able to generate temperatures of  870—980 oc (1,600—1,800 OF) to ensure disintegration of the corpse. A crematorium may be  part of a chapel or a funeral home or may be an independent facility or a service offered by a  cemetery..  Modern cremator fuels include Natural gas or propane, and, in some areas like Modern  cremators have adjustable‐control systems that monitor the furnace during cremation. These  systems automatically monitor the interior to tell when the cremation process is complete,  after which the furnace automatically shuts down. The time required for cremation varies from  body to body, and, in modern furnaces, the process may be as fast as one hour per 50 kg (100  1b) of body weight.  A cremator is not designed to cremate more than one human body at a time; cremation of  multiple bodies is illegal in the United States and many other countries. Exceptions may be  made in special cases, such as with still‐born twins or with a still‐born baby and a mother who  died during childbirth. In such cases, the bodies must be cremated in the same container.  The chamber where the body is placed is called a retort and is lined with heatresistant refactory  bricks. Refractory bricks are designed in several layers. The outermost layer is usually simply an  insulation material, e.g;, mineral wools Inside is typically a layer of insulation brick, mostly  calcium silicate in nature. Heavy duty cremators are usually designed with two layers of fire  bricks inside the insulation layer. The layer of fire bricks in contact with the combustion process  protects the outer layer and must be replaced from time to time. The coffin or container is  inserted (charged) into the retort as quickly as possible to avoid heat loss through the top door.  The container may be mounted on a charger (motorised trolley) that can quickly insert it, or on a  fixed or movable hopper that allows the container to slide into the cremator.  Modern cremators are computer‐controlled to ensure legal and safe use. For example, the  retort door cannot be opened until the cremator has reached its operating temperatures, and  United States federal regulations require that newly constructed cremators feature duel  electrical and mechanical heat‐shutoff switches and door releases that are accessible from  inside the retort. Refractory bricks are typically replaced every five years, because thermal  fatigue gradually introduces fissures that reduce the insulating strength. For heavy duty  cremators having an inner sacrificial layer of refractory material, often cracks, slagging, bulging  and dislocation can be seen on this layer shortly after the cremator is put into use. Such cracks  and fracture need not be disastrous, as this lining is sacrificial in nature — it may just result in  the development of a crack pattern in the lining. Those crack surfaces may be held together and  closed by the lining compressive stresses that develop from thermal expansion when the  5  cremator is heated to operating temperatures. However, the inner sacrificial lining needs to be  replaced on a regular basis to offer proper protection to the outer layers.  Certain states however may require an opaque or non‐transparent container of all cremations.  This can be a simple corrugated‐cardboard box or a wooden casket.. Most casket manufacturers  provide lines of caskets that are specially built for cremation. I Another option is a cardboard  box that fits inside a wooden shell, which is designed to look like a traditional casket. After the  funeral service, the box is removed from the shell before cremation, permitting the shell to be  re‐used. Funeral Homes or Cremation facilities may also offer rental caskets, which are  traditional caskets used only during the services, after which the bodies are transferred to other  containers for funeral caskets are sometimes designed with removable beds and liners, which  are replaced after each use  The box containing the body is placed in the retort and incinerated at a temperature of 760 to  1150 oc (1400 to 2100 O F). During the cremation process, the greater portion of the body  (especially the organs and other soft tissues)is vaporized and oxidized by the intense heat; gases  released are discharged through the exhaust system. The process usually takes 90 minutes to  two hours, with larger bodies taking longer time.  Jewelry, such as necklaces, wrist‐watches and rings, are ordinarily removed before cremation,  and returned to the family. Several implanted devices are required to be removed. A Pacemaker  could explode, damage the cremator, and potentially injure nearby staff; spinal cord stimulators  have similar power sources, and implanted drug reservoirs may produce smaller explosions. A  specific variety of bone nail in the femur and humerous, is a hollow shell which is inflated with  saline under high pressure to grip the interior of the bone, and constitutes a bomb in the  cremator. In the United Kingdom, and possibly other countries, the undertaker is required to  remove such devices prior to delivering the body to the crematorium, and sign a declaration  stating that no hazardous device remains in place. https:(/en.wikipedia.org/wiki/Cremation  Contrary to popular belief, the cremated remains are not ashes in the usual sense. After the  incineration is completed, the dry bone fragments are swept out of the retort and pulverized by  a machine called a Cremulator — essentially a high‐capacity ,high speed blender — to process  them into "ashes" or "cremated remains" The pulverization may also be performed by hand.  This leaves the bone with a fine sand like texture and color, able to be scattered without need  for mixing with any foreign matter;n though the size of the grain varies depending on the  Cremulator used. Their weight is approximately 4 pounds (1.8 kg) for adult human females and 6  pounds (2.7 kg) for adult human males. There are various types of Cremulators, including  rotating devices, grinders, and older models using heavy metal  balls.https://en.wikipedia.org/wiki/Cremation  The grinding process typically takes about 2 minutes.  Each and every family will be given the right deceased in the legal proper container with his/her  cremated remains.  No pets will ever be cremated at our facility.  The Facility currently has  complete installed fire and sprinkler system, and security system.  OWNER TM HARMON, INC. TERRY & MARY HARMON 702 E. CHAPMAN AVENUE ORANGE, CA 92866 (714) 628-0447 chapmanfunerals@aol.com A T T A C H M E N T N O . 3 1    ATTACHMENT 4:  CUP2018‐05973   CHAPMAN FUNERAL HOME & CREMATORY                                                            Figure 2. Adjacent West Industrial Properties  Figure 1. Project Site West Elevation  2          Figure 3. Adjacent East Properties ‐ Railroad Track & Industrial Uses  Figure 4. Adjacent Northeast Property ‐ Ice Rink  3                         Figure 5. Location of Walk‐in Cooler and Preparation Room                                          Figure 6. Future Location of Furnaces  Figure 7. Interior Garage Unloading Area  4                                          Figure 8. Reception and Lobby  Figure 9 & 10. Interior Offices                                                          Page 1 Permit No. A/N 604342 ATTACHMENT 5    PERMIT TO CONSTRUCT/OPERATE This initial permit must be renewed ANNUALLY unless the equipment is moved, or changes ownership. If the billing for the annual renewal fee (Rule 301 .f) is not received by the expiration date, contact the District. Legal Owner ID 187536 or Operator. PRESTIGE CREMATION SERVICES 1550 S LEWIS ST ANAHEIM, CA 92805-6423 Equipment Location: 1550 S LEWIS ST, ANAHEIM, CA 92805-6423 Equipment Description : Crematory, Human Remains, American Crematory, Model No. A-250-WH, Serial No. 0801 17-A, 151-6" L. x 6'-9" W. x 8'-4" H., with a 750,000 BTU per Hour Natural Gas Fired Eclipse ThermJet TJ075 Primary Burner, a I , 500,000 BTU per Hour Natural Gas Fired Eclipse ThermJet TJIOO Secondary Chamber Burner and a 5 HP Combustion Air Blower. Conditions : 1. Operation of this equipment shall be conducted in accordance with all data and specifications submitted with the application under which this permit is issued unless otherwise noted below. 2. This equipment shall be properly maintained and kept in good operating condition at all times. 3. This equipment shall be used to cremate human remains only. 4. The secondary chamber shall be used throughout the burning period. 5. The primary and secondary chambers shall be operated in a cool down mode prior to opening the door for each cremains removal. 6. The operator shall install and maintain a temperature gauge and recorder to accurately measure and record the temperature in the secondary chamber, in degrees Fahrenheit. 7. A temperature of not less than 1500 degrees Fahrenheit shall be maintained in the secondary chamber whenever the equipment it serves is in operation. 8. Not more than 30,000 pounds of human remains shall be cremated in this equipment in a calendar month.                                                         Page 2 Permit No. A/N 604342 9. The Oxides of Nitrogen (NOx) emissions discharged from this equipment shall not exceed 60 ppm, calculated as N02, by volume on a dry basis, at 3% oxygen. 10. This equipment shall comply with all applicable requirements of Rule 1147. 11. Records shall be maintained to demonstrate compliance with the conditions on this permit. Records shall be kept in a format acceptable to the SCAQMD, shall be retained at the facility for a minimum of F,yo years, and shall be made available to SCAQMD personnel upon request. 12. A source test protocol shall be submitted to the SCAQMD (addressed to the South Coast Air Quality Management, Attn: Kate Kim, Engineering & Pemitting, 21865 Copley Drive, Diamond Bar, CA 91765) no later than 30 days after the start-up date of this equipment unless otherwise approved in writing by the SCAQMD. The test protocol shall be approved in by the SCAQMD before the test commences. The test protocol shall include the identity of the testing laboratory, a statement from the testing laboratory certifying it meets the criteria in SCAQMD Rule 304 (k), and a description of the sampling and analytical procedures to be used. 13. The owner or operator of this equipment shall conduct a source test to veri9 compliance with Condition No. 9 and Rule 1147 under the following conditions: The tests shall be conducted within 45 days after SCAQMD approval of the source test protocol. B. The tests shall measure NOx, CO, oxygen content, moisture content, temperature, and the exhaust flow rate at the outlet of this equipment, at the normal operating load, using the appropriate test methods specified in Rule 1147. The report shall present the emission data in pounds per hour, and parts per million on a dry basis corrected to 3% oxygen. c. In case this equipment operates with variable heat input that may fall below 50% of the rated heat input capacity during normal operation, a test shall also be conducted as specified in Section B of this condition above, but using a heat input of less than 35% of the rated heat input of this equipment, pursuant to Rule 1147(d)(l). D. A written notice of the source test date shall be submitted to the SCAQMD (addressed to the South Coast Air Quality Management, Attn: Kate Kim, Engineering & Permitting, 21865 Copley Drive, Diamond Bar, CA 91765) at least 14 days prior to the source test date so that an observer from the SCAQMD may be present. E. A testing laboratory certified by the California Air Resources Board the required test methods for criteria pollutants to be measured, and in compliance with SCAQMD Rule 304 (no conflict of interest) shall conduct the test. 14. Sampling facilities shall comply with the SCAQMD guidelines for construction of sampling and testing facilities pursuant to Rule 217. 15. Two complete copies of the source test reports shall be submitted to the SCAQMD (addressed to the South Coast Air Quality Management, Attn: Kate Kim, Engineering & Permitting, 21865 Copley Drive, Diamond Bar, CA 91765) within 30 days after the source testing date. The source test report shall include, but not be limited to, all testing data required by this permit. 16. The owner or operator of this equipment shall submit the results of all preliminary tests that are conducted on this equipment for informational purposes to the SCAQMD (addressed to the South Coast Air Quality                                                         Page 3 Permit No. A/N 604342 Management, Attn: Kate Kim, Engineering & Permitting, 2 1865 Copley Drive, Diamond Bar, CA 91765) within 45 days after the testing date unless otherwise approved in writing by the SCAQMD. 17. This permit shall expire if construction of this equipment is not completed within one year from the permit issuance date unless an extension is granted by the Executive Officer. NOTICE In accordance with Rule 206, this Permit to Operate or copy shall be posted on or within 8 meters of the equipment. This permit does not authorize the emission of air contaminants in excess of those allowed by Division 26 of the Health and Safety Code of the State of California or the applicable Rules and Regulations of the South Coast Air Quality Management District (SCAQMD). This permit cannot be considered as permission to violate existing laws, ordinances, regulations or statutes of other government agencies. Executive Officer BY LAKI TISOPULOS, PhD/KK03 1  ATTACHMENT 6 – CUP2018-05973 Lucita Tong    From: Kate Kim <KKim@aqmd.gov> Sent: Tuesday, November 06, 2018 2:37 PM To: Lucita Tong  Cc: Terry Harmon Subject: RE: Evaluation of Crematories Hi Lucita,      There are some other rules that the crematories are subject to. The reason why the facility is required to demonstrate  the compliance with the NOx limit only is because the other emissions are expected to be far less than the applicable  rule limits. Please see below for my comments:      Rule 401, Rule 402 – Visible emissions and nuisance complaints are not expected to result from proper  maintenance/operation of the crematories. (conditions No. 1, 2)      Rule 404, Rule 407, Rule 409 – Emissions from the crematories are expected to be far less than the rule requirements.      Rule 431.1 – limits sulfur content of the Natural Gas supplied to the crematories to 16 ppm or below. (All Natural Gas  sold in CA must meet this requirement.)      Rule 1147 – limits NOx emission from crematories to 60 ppm or below (conditions No. 9, 10, 11, must demonstrate  compliance)      Rule 1303 – requires the use of secondary chamber at the minimum temperature of 1,500 degrees F or higher   (conditions No. 4, 6, 7)      Rule 1401 – toxics from the crematories must be below the threshold (condition No. 8)      Please let me know if you have any other questions.      Thank you.      Kate Kim   Air Quality Engineer   Engineering & Permitting   South Coast Air Quality Management District (SCAQMD)  21865 Copley Drive Diamond Bar, CA 91765  kkim@aqmd.gov   (909) 396‐2435        From: Lucita Tong [mailto:LTong@anaheim.net]  Sent:  Tuesday, November 6, 2018 1:48 PM   To: Kate Kim <KKim@aqmd.gov>   2  Cc: Terry Harmon <chapmanfunerals@aol.com>  Subject: RE: Evaluation of Crematories      Hi Kate –      Thank you for getting back to me so quickly.  Your explanation is very helpful and I appreciate you sending the link to the  various SQAQMD rules that must be met.  Are there any other rules that the crematory must meet other than Rule 1147  and 301(k)?      Thank you,      Lucita Y. Tong   Contract Planner   Planning & Building Department City of Anaheim   200 S. Anaheim Boulevard, Suite 162   Anaheim, CA  92805   (714) 765‐5423  | Ltong@anaheim.net              From: Kate Kim <KKim@aqmd.gov>    Sent: Tuesday, November 06, 2018 10:48 AM   To: Lucita Tong <LTong@anaheim.net>   Cc: Terry Harmon <chapmanfunerals@aol.com>  Subject: RE: Evaluation of Crematories      Good morning Lucita,      SCAQMD Rule 1147 limits the NOx emissions from various equipment, and the NOx emission limit for crematories is 60  ppm.       The facility cannot start constructing (installing) the equipment until the permit is granted. Once the permit is granted  and the equipment is constructed, the facility must hire a third party laboratory to perform a source test on each  equipment to demonstrate compliance with the applicable permit limit, which is 60 ppm NOx in this case.      Rule 301(k) simply outlines the criteria that must be met by the testing laboratory who perform the source testing.      All the SCAQMD Rules are published online for public and can be accessed here.      I hope you find this helpful.      Thank you.      Kate Kim   Air Quality Engineer   Engineering & Permitting   3  South Coast Air Quality Management District (SCAQMD)  21865 Copley Drive Diamond Bar, CA 91765  kkim@aqmd.gov   (909) 396‐2435        From: Lucita Tong [mailto:LTong@anaheim.net]  Sent:  Tuesday, November 6, 2018 9:47 AM   To: Kate Kim <KKim@aqmd.gov>   Cc: Terry Harmon <chapmanfunerals@aol.com>  Subject: Evaluation of Crematories      Hi Kate,      I received your name from Terry Harmon of Chapman Funeral Homes.  He is proposing a new crematory in Anaheim  located at 1550 S. Lewis Street.  His project is being reviewed by the Planning Commission next week and I had a few  questions regarding meeting SCAQMD requirements for air quality.  I was wondering if you can tell me what is the  threshold limits in which the equipment must meet Rule 1147 and Rule 304(k) per the instructions to permit and  construct and operate a crematory?  I have a neighboring business owner who has expressed concern over emissions  and I wanted to find out more information about SCAQMD standards to address their concerns.  If you can explain this in  everyday terms that would be very helpful – some of the engineering analysis is very technical and difficult to  understand.  Thank you in advance for your assistance.          Regards,      Lucita Y. Tong   Contract Planner   Planning & Building Department City of Anaheim   200 S. Anaheim Boulevard, Suite 162   Anaheim, CA  92805   (714) 765‐5423  | Ltong@anaheim.net            THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED   AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE   UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by e-mail or telephone, and delete the original message immediately. Thank you.         THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED   AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE   UNDER APPLICABLE LAWS. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, forwarding, or copying of this communication is strictly prohibited. If you have received this communication in 8200 Katella Ave Suite D, Stanton, CA 90680 Tel (714) 379-9200 Fax (714) 379-5544 COMPLIANCE SOURCE TEST REPORT PERFORMED ON 07/25/2016 AT THE LIVE OAK MEMORIAL PARK, CREMATORY NO. 2 FACILITY ID 22839, APPLICATIONS NUMBER 543791 Prepared for, Facility: Live Oak Memorial Park 200 E Duarte Rd. Monrovia, CA 91016-4646 Facility Contact: Mike Burwell Equipment Description: Crematory No. 2 Applications Numbers: 543791 Test Date(s): 07/25/2016 Issue Date: 07/29/2016 Prepared by: Reviewed by: Wally Moe Hassan Amin Source Testing Manager Project Manager Source Testing Firm: Accurate Environmental Services, Inc. 8200 Katella Ave, Suite D Stanton, CA 90680 (714) 379-9200 Report Identification Number: R 04096 LOMP ATTACHMENT NO. 7 Page 1 of 64 Page 2 of 64 Page 3 of 64 Page 4 of 64 Page 5 of 64 Page 6 of 64 Page 7 of 64 Page 8 of 64 Page 9 of 64 Page 10 of 64 Page 11 of 64 Page 12 of 64 Page 13 of 64 Page 14 of 64 Page 15 of 64 Page 16 of 64 Page 17 of 64 Page 18 of 64 Page 19 of 64 Page 20 of 64 Page 21 of 64 Page 22 of 64 Page 23 of 64 Page 24 of 64 Page 25 of 64 Page 26 of 64 Page 27 of 64 Page 28 of 64 Page 29 of 64 Page 30 of 64 Page 31 of 64 Page 32 of 64 Page 33 of 64 Page 34 of 64 Page 35 of 64 Page 36 of 64 Page 37 of 64 Page 38 of 64 Page 39 of 64 Page 40 of 64 Page 41 of 64 Page 42 of 64 Page 43 of 64 Page 44 of 64 Page 45 of 64 Page 46 of 64 Page 47 of 64 Page 48 of 64 Page 49 of 64 Page 50 of 64 Page 51 of 64 Page 52 of 64 Page 53 of 64 Page 54 of 64 Page 55 of 64 Page 56 of 64 Page 57 of 64 Page 58 of 64 Page 59 of 64 Page 60 of 64 Page 61 of 64 Page 62 of 64 Page 63 of 64 Page 64 of 64 200 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.