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RES-2021-034 RESOLUTION NO. 2021 -034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING CONDITIONAL USE PERMIT NO. 2020-06074 AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH (DEV2020-00109) (2232 EAST OLMSTEAD WAY) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition from for Conditional Use Permit No. 2020-06074 to increase number of residents in the existing transitional housing facility from a maximum of six to 13 residents within a single family residence (the "Proposed Project") located at 2232 East Olmstead Way 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 0.18 acre in size and currently developed with a two-story single-family family home with an attached garage. 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 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 November 9, 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. 2020-06074 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. PC2020-047 approving Conditional Use Permit No.2020-06074 subject to certain conditions of approval described in said Resolution; and WHEREAS, on November 19, 2020, and within the time prescribed by Section 18.60.130 of the Anaheim Municipal Code, an appeal of the Planning Commission's action was filed by Dr. and Mrs. James Kline and Mr. and Dr. Michelle Priest (the "Appellants"), citing concerns related to an unfair public hearing process, incompatibility with the surrounding area, decrease in property value in the area, overcrowding, traffic impacts, and detrimental impacts to public health; and WHEREAS, the City Council review of the appeal of Conditional Use Permit No. 2020- 06074 was noticed for January 12, 2021 at which time the City Council continued consideration of the item to April 13, 2021 at the request of both the Appellants and the Applicant; and WHEREAS, prior to the April 13, 2021 City Council public hearing, the Applicant modified the proposed conditional use permit request to lower the maximum numberof residents from 13 to 10; 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 April 13, 2021 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 consider the recommendations and action of the Planning Commission 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 increasing the maximum number of residents from a maximum of six to 10 in an existing transitional housing facility 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. 2020-06074, does find and determine the following facts: 1. The request for a conditional use permit for a transitional housing unit with seven or more residents is an allowable use authorized within the "RS-T' Single Family Residential zone, subject to a conditional use permit. 2. The Proposed Project complies with all of the provisions of the "RS-2" Single Family Residential zone and, under the conditions imposed, would notadversely affect the adjoining land uses and the growth and development of the area in which it is located because the transitional housing provides living accommodations to a maximum of 10 individuals, in a similar manner as other residential facilities allowed in residential neighborhoods by State law, and that the on-site support services provided are low-impact in nature and limited to the residents of the facility. Also, the Proposed Project will not exceed the occupancy limits allowed under State, Federal or local law. 3. The size and shape of the project site 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 as the Proposed Project is located within the existing single-family residence and does not involve 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 in that Proposed Project is not expected to generate a significant increase in vehicle trips based on the operational details,and the existing on-site parking spaces would be sufficient to accommodate the anticipated parking needs of the facility. 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 because a transitional housing unit with seven or more persons is conditionally permitted in RS-2 Zone, the existing transitional housing has been operating at the Property without causing any undue impact to the neighborhood, the operator has implemented health and safety participant policies, and the conditions imposed would ensure that the transitional housing will operate in a manner compatible with the surrounding neighborhood. and WHEREAS, the City Council determines that the evidence inthe 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. 2020-06074, 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 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. 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 j 1 day of April , 2021, by the following roll call vote: AYES: Iayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None iL , ' OF ANAHEIM A iA ; ,A !or 0' ' H r T ij OF ANAHEIM 110 CITY C IRK OF THE CITY OF ANAHEIM EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2020-06074 (DEV2020-00109) APN: 2.53-041-30''. 111 E OLM STEA D WAY Co' , ' i . .. : ,o c . 221 E LAURA AVE rt \ a u 1111111 ... 2 O Lu D. 4n —, 'h -J An E WON.AVE '� .1X,J Source:Recorded Tract Maps and,/or City GIS. t•,_4. Please note the accuracy is+/-two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2020-06074 (DEV2020-00109) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL CONDITIONS 1 The transitional housing facility shall be limited to 10 residents that are Planning and Building of the same gender. Department, Code Enforcement Division 2 The transitional housing facility shall not provide on-site medical Planning and Building services but shall be permitted to provide non-medical support services Department, listed in the applicant's Letter of Operation, on file with the Planning Code Enforcement Services Division, Planning and Building Department. Division 3 No signs shall be visible from the public right-of-way identifying this Planning and Building use as a transitional housing facility. Department, Code Enforcement Division 4 All vehicles associated with this facility, including staff and residents' Planning and Building vehicles, shall be operable and parked on-site. The garage, driveway Department, and on-site parking areas shall be available for vehicle parking at all Code Enforcement times. Division 5 The applicant shall provide an on-site manager or an appointed Planning and Building responsible party at all times. This person shall be responsible for Department, responding to any concerns regarding the operations of the facility. Code Enforcement Division 6 Within 30 calendar days of the date of this resolution, the name and Planning and Building telephone number of the on-site manager shall be provided to the Department, Code Enforcement Division of the Planning and Building Code Enforcement Department.The operator can contact the Code Enforcement Division Division at (714) 765-5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 10 calendar days of such change. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 7 The transitional housing facility shall be operated in accordance with Planning and Building the Letter of Operation and the Program Agreement submitted as part Department, of this application. Any changes to the facility operation as described Planning Services in this document shall be subject to review and approval by the Division Planning Director to determine substantial conformance with the Letter of Operation and the Program Agreement and to ensure compatibility with the surrounding uses. 8 So long as Grandma's House of Hope is the owner and operator of Planning and Building the facility located at the subject property (herein referred to as the Department, "Original Owner/Operator"), the permitted uses described in the Letter of Operation and the rights contained in this resolution, shall Planning Services be personal to the Original Owner/Operator and may be exercised Division only by the 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. 9 The property shall be developed substantially in accordance with Planning and Building plans and specifications submitted to the City of Anaheim by the Department, applicant and which plans are on file with the Planning and Building Department and as conditioned herein. Planning Services Division 10 The applicant and the property owner shall obtain a final approval of Planning and Building the pending building permits associated with past interior Department, improvements for existing residence (BLD2016-01240 and BLD2020-04152), within 90 days of the date of this resolution. Building and Planning Services Divisions 11 All landscaping shall comply with Chapter 18.46 "Landscape and Planning and Building Screening" of the Anaheim Municipal Code and be maintained in Department, perpetuity. Landscaping shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. Code Enforcement Division NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 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 for this project, whichever occurs first. Failure to pay all Planning Services charges shall result in delays in the issuance of required permits or Division may result in the revocation of the approval of this application. 13 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively referred Department, to individually and collectively as "Indemnitees") from any and all claims, actions or proceedings brought against Indemnitees to attack, Planning Services review, set aside, void, or annul the decision of the Indemnitees Division 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. 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. 2021-034 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 13th day of April, 2021 by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of April, 2021. — - CITY C. K OF THE CITY OF ANAHEIM (SEAL)