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RES-2020-141 RESOLUTION NO. 2 0 2 0-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING THE APPEAL AND APPROVING CONDITIONAL USE PERMIT NO. 2020-06073 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00106) (632 NORTH EAST STREET) WHEREAS, on February 13, 1978, and subject to certain conditions of approval, the Planning Commission of the City of Anaheim(the"Planning Commission") adopted Resolution No. PC78-31 approving Conditional Use Permit No. 1801 to permit a board and care facility for 14 ambulatory elderly persons within an existing single family residence with waiver of minimum front yard setback for premises (referred to herein as the "Original CUP") for that certain real property located at 632 North East 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, on June 4,2001,the Planning Commission,by its Resolution No. PC2001- 72 did approve an amendment to the Original CUP (tracking No. CUP 2001-04360) to modify conditions of approval to permit mentally disabled ambulatory residents for a period of two (2) years; and WHEREAS,on June 30,2003,the Planning Commission,by its Resolution No.PC2003- 93 did approve a second amendment to the Original CUP (tracking No. CUP 2003-04713) to delete the time limitation for the board and care facility; and WHEREAS, the above entitlements are hereby referred to as "Previous Entitlements"; and WHEREAS, the Planning Commission did receive a verified petition from Covenant House California (the "Applicant") for Conditional Use Permit No. 2020-06073 to permit a transitional and supportive housing facility for up to 25 residents within the existing single- family home (the"Proposed Project") at the Property; and WHEREAS, the Property is approximately 0.29 acre in size and is currently developed with_a single-family family home with an uncovered parking area and a driveway that can accommodate seven vehicles. The existing residence is currently operated as a board and care facility for up to 14 mentally disabled ambulatory residents. The Property is located within the Residential-Low Density land use designation of the Anaheim General Plan and in the "RS-2" Single Family Residential Zone and is subject to the zoning and development standards contained in Chapter 18.04 (Single-Family Residential Zones) of the Anaheim Municipal Code (the "Code"); and 1 WHEREAS, on March 4,2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued Executive Order N-29-20 (superseding the Brown Act-related provisions of Executive Order N- 25-20 issued on March 12, 2020),which allows a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeing to observe and to address the local legislative body; and WHEREAS, the Planning Commission did hold a teleconferencing public hearing at the Civic Center in the City of Anaheim on October 12, 2020 at 5:00 p.m., notice of said public hearing having been duly given 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. 2020-06073 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 Procedures, the City is the "lead agency" for the preparation and consideration of environmental documents for the Proposed Project; and WHEREAS, the Planning Commission found and determined that the effects of the Proposed Project are typical of those generated within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use,and that,therefore,pursuant to Section 15301 of the CEQA Guidelines,the Proposed Project will not cause a significant effect on the environment and is,therefore,categorically exempt from the provisions of CEQA; and WHEREAS,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 to permit the Proposed Project on the Property, the Planning Commission adopted Resolution No. PC2020-042 approving the Proposed Project; and WHEREAS, on October 19, 2020, within the time prescribed by the Anaheim Municipal Code, an appeal of the Planning Commission's action was filed by Maria Mercedes Viramontes (the "Appellant"), citing concerns regarding safety of the neighborhood as the basis of the appeal; and WHEREAS, pursuant to Executive Order N-29-20, the City Council did hold a teleconference public hearing at the Civic Center in the City of Anaheim on November 24, 2020 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 of the Code, and did give all persons interested therein an opportunity to be heard, and did receive evidence and reports, and did 2 consider the recommendations and action of the Planning Commission; and pursuant to the appeal provisions set forth in Chapter 18.60 of the Code; and WHEREAS, pursuant to and in accordance with the provisions of CEQA, the CEQA Guidelines and the City's Local CEQA Procedures, this City Council finds and determines that the Proposed Project is within that class of projects (i.e., Class 1 — Existing Facilities) which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features,involving negligible or no expansion of existing or former use since the Proposed Project includes establishing a supportive and transitional housing facility at an existing single-family residence without any physical expansion of the existing structure, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines,the Proposed Project will not cause a significant effect on the environment and is,therefore, categorically exempt from the provisions of CEQA; and WHEREAS,at said public hearing,this City Council,after due inspection, investigation and study made by itself and in its behalf, and after due consideration of the all evidence and reports offered at said hearing with respect to Conditional Use Permit No.2020-06073,does find and determine the following facts: 1. Supportive and transitional housing with seven or more residents is an allowable use authorized within the "RS-2" Single Family Residential zone, subject to approval of a conditional use permit; 2. The Proposed Project, as conditioned herein,would not adversely affect the public health or safety,nor the growth and development of the area in which it is proposed to be located because the Proposed Project would provide supportive living accommodations to a maximum of 20 individuals at a location that has been operating as a board and care facility since 1978 and the on-site services are low impact services that are provided to the facility residents only. In addition, with the conditions imposed, the facility will operate in compatible manner within the surrounding residential living environment; 3. The size and shape of the site for the Proposed Project is adequate to allow the full development of the proposed use, in a manner not detrimental to the particular area or to the health and safety since the Proposed Project will be located within the existing single-family residence and does not require any physical expansion of the existing structure; 4. The traffic generated by the Proposed Project will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area and the existing seven on-site parking spaces are sufficient to accommodate the anticipated parking demand of the Proposed Project due to lack of vehicle ownership by the residents and the proposed on-site staff schedule. In addition, the added condition prohibiting residents from having visitors, which is consistent with the operational policy of the proposed supportive and transitional housing, mitigates impacts to the adjacent properties by ensuring that there is no additional parking demand generated by the Proposed Project; 5. The granting of the conditional use permit under the conditions imposed will not 3 be detrimental to the health and safety of the citizens of the City of Anaheim because a supportive and transitional housing facility with seven or more persons is conditionally permitted in RS-2 Zone, and the adherence to the proposed operational details and other conditions imposed would ensure that he proposed facility would operate in a manner compatible with surrounding single family residential uses. The condition reducing the number of residents to 20 will allow the proposed supportive and transitional housing to demonstrate that its operations will not cause an adverse impact upon the public health and safety, while allowing the Applicant to request additional five residents after one year; and WHEREAS, the City Council 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 negate the findings made in this Resolution. The City Council 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 City Council does hereby approve Conditional Use Permit No. 2020-06073, contingent upon and subject to the conditions of approval set forth in Exhibit B attached hereto referred to as "Conditions of Approval" and incorporated herein by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the Property 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 and Building Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii)the modification complies with the Code, and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that, effective upon the effective date of this Resolution, the Previous Entitlements shall become null and void; and 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 City Council 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. 4 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. BE IT FURTHER RESOLVED that the time within which a rehearing must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24 day of November , 2020,by the following roll call vote: AYES:Mayor Sidhu and Council Members Faessel, Barnes, Brandman, and O'Neil NOES: Council Member Kring ABSENT:None ABSTAIN: Council Member Moreno CITY OF ANAHEIM AA/ I 1, .. • , •I uF T 'EC' Y ($ TANArEIM •ATTEST: 1-0 CITY CLERK 01 THE CITY OF ANAHEIM 5 EXHIBIT "A" DEV NO. 2020-00106 APN: 035-343-01 x O. Yq 4 f 0111 . a r 11101011 0 01111 OS. tit1t4 r1/4 SI • EW"Stt .111 iii ;; S •S • • • • ti '•� '• S • • • • '• t x V 0.••••0000.1.81r s!-It t `f 11LM�� WN Si az1,.5' 1113°.CkS1�IJ O DI) °1R 0111 Z O tt:t Illi ,e. r 0 °111111•11110 lit Q G W .1 Oil 1110111111 t S vE W°11.1111111111 GLNW apo p f l o Source Recorded Traci Macs and.or City GIS Please note the accuracy is+•-two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2020-06073 (DEV2020-00106) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 This transitional and supportive housing facility shall be limited to a Planning and Building maximum of 20 residents. Upon completion of one year of operation,the Department, Planning Commission may consider, at a duly noticed public hearing, an Code Enforcement increase in the maximum number of residents from 20 to 25,at the request Division of the applicant. 2 The facility shall not provide on-site medical services but shall be permitted Planning and Building to provide both group and individual counseling. Department, Code Enforcement Division 3 Residents of the facility shall be prohibited from having visitors or Planning and Building guests. Department, Code Enforcement Division 4 No signs shall be visible from the public right-of-way identifying this use Planning and Building as a transitional and supportive housing facility. Department, Code Enforcement Division 5 The applicant shall provide an on-site manager or appointed responsible Planning and Building party at all times. This person shall be responsible for responding to any Department, concerns regarding the operations of the facility. Code Enforcement Division 6 Within 30 days of the date of this resolution, the name and telephone Planning and Building number of the on-site manager shall be provided to the Code Department, Enforcement Division of the Planning Department. The owner can contact the Code Enforcement Division at(714) 765-5158 to coordinate Code Enforcement this contact information. Any staffing changes to this position shall be Division reported to the Code Enforcement Division within 30 days. 7 All vehicles associated with this facility, including staff and residents' Public Works vehicles (if any), shall be operable and parked on-site. All driveway(s) Department, and onsite parking areas of this facility shall be available for vehicle Traffic and parking. Transportation Division Planning and Building Department, Code Enforcement Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 8 The facility shall operate in accordance with the Letter of Operation Planning and Building submitted as part of the application. Any changes to the facility's Department, operation described in the Letter of Operation shall be subject to review Planning Services and approval by the Planning and Building Director to determine Division substantial conformance with said letter and to ensure compatibility with the surrounding uses. 9 The property shall be developed substantially in accordance with plans Planning and Building and specifications submitted to the City of Anaheim by the applicant and Department, which plans are on file with the Planning Department and as conditioned Planning Services herein. Division 10 So long as Covenant House California is the owner and operator of the Planning and Building facility located at the subject property(herein referred to as the"Original Owner/Operator"), the permitted uses described in the Letter of Department, Operation and the rights contained in this resolution, shall be personal Planning Services to the Original Owner/Operator and may be exercised only by the Division Original Owner/Operator and not by any assignee, sublessee or other transferee of the Original Owner/Operator's interest in the subject property or any portion thereof. In the event the Original Owner/Operator is no longer the owner and operator of the facility located at the subject property, the new owner/operator shall submit a revised letter of operation for review by the Planning Director to determine substantial conformance with the Letter of Operation and to ensure compatibility with the surrounding uses. In the event that the new owner/operator and facility does not substantially conform to the approved Letter of Operation then an amendment to this Conditional Use Permit shall be required. 11 All new landscaping shall be installed in conformance with Chapter Planning and Building 18.46 "Landscape and Screening" of the Anaheim Municipal Code and Department, shall be maintained in perpetuity. Landscaping shall be replaced in a Code Enforcement timely manner in the event that it is removed, damaged, diseased and/or Division dead. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 • Closed circuit television(CCTV) security system shall be included, Police Department, with the following coverage areas: Planning and Research o Interior lobby entrances Unit o Building perimeter o Parking Lot o Exterior residential pedestrian entrance o Interior hallways o Common Areas • If security cameras are not monitored, signs indicating so should be placed at each camera. • CCTV monitors and recorders should be secured in a separate locked compartment to prevent theft of,or tampering with,the recording. • With advances in technology, digital and wireless CCTV security systems are readily available and highly recommended over older VHS or"Tape"recording systems. • CCTV recordings should be kept for a minimum of 30 days before being deleted or recorded over. 13 Address number shall be positioned so as to be readily readable from the Police Department, street. Main building numbers should be a minimum height of 12". planning and Research Numbers should be illuminated during hours of darkness. Unit 14 "No Trespassing 602(k) P.C." posted at the entrances of parking Police Department, lots/structures and located in other appropriate places (i.e., Resident Planning and Research gathering points and access points,bicycle parking, etc.) Signs must be Unit at least 12" wide x 24" high in overall size, with white background and black 2" lettering. All entrances to parking areas should be posted with appropriate signs per 22658(a) C.V.C. to assist in removal of vehicles at the property owner's/manager's request. 15 Adequate lighting of parking areas, circulation areas, aisles, Police Department, passageways, recesses, and grounds contiguous to buildings shall be planning and Research provided with lighting of sufficient wattage to provide adequate Unit illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons,property, and vehicles on-site. 16 A detailed emergency action plan, for persons both with and without Police Department, disability, shall be provided to the Police and Fire Departments. This planning and Research shall include (but not limited to), Emergency Evacuation/Escape Plan Unit and Shelter in Place Plan. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 17 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of the Department, issuance of the final invoice or prior to the issuance of building permits Planning Services for this project, whichever occurs first. Failure to pay all charges shall Division result in delays in the issuance of required permits or may result in the revocation of the approval of this application. 18 The Applicant shall defend, indemnify, and hold harmless the City and Planning and Building its officials, officers, employees and agents (collectively referred to Department, individually and collectively as"Indemnitees")from any and all claims, planning Services actions or proceedings brought against Indemnitees to attack,review,set Division 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. PRIOR TO THE COMMENCEMENT OF OPERATION 19 If required by the Anaheim Fire and Rescue Department, due to the Anaheim Fire&Rescue change of use, a fire alarm system shall be designed, installed and maintained as identified as Section 907 of the California Fire Code. 20 This structure is subject to a change of use to an R-2 occupancy as Anaheim Fire & Rescue defined in the California Fire Code, and as such, an automatic fire sprinkler system shall be designed, installed and maintained throughout. 21 If required by the Building Division,the applicant shall submit plans and Planning and Building complete a Building Code analysis for occupancy changes and/or any Department, tenant improvements within the subject building. In addition, all proper Building Division building permits shall be obtained for the facility. CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2020-141 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of November, 2020 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Barnes, Brandman, and O'Neil NOES: Council Member Kring ABSENT: None ABSTAIN: Council Member Moreno IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of December, 2020. _ s CITY CLERK OF THE CITY OF ANAHEIM (SEAL)