Resolution-PC 98-37i2ESOLUTION NO. PC98-37
A RESOLUTION OF ThlE ANAHEIM CI"fY PiANNING COMMISSION
REINSTATING AND AMENDINC CERTAIN CONDITIONS OF APPROVAL
OF CONDITIONAL USE PERMIT NO. 3680 (AMENDING RESOLUTION
DJO. 94R-243, AS AMENDED BY RESOLUTION NO. 97R-1)
WHEREAS, on September 27, 1994, the Anaheim City Council adopted Resoiution No.
94R-243 granting Conditional Use Permit No. 3680 permitting a group home for abused children and
their mothers at 100 South Canyon Crest Drive; and, that Condition No. 1 of said resolution specifies that
the conditional use permit shail expire one year from the date of occupancy; and, that a temporary
certificate of occupancy was issued for the facility on Aprii 2, 1997, thereby iriggering the one-year time
limitation on the conditional use permit; and
WHEREAS, on January 7, 1997, the City Council a~+opte,d Resolution No. 97R-1 to
amend Condi:ion Nos. 3, S and 22 of Resolution No. 94R-243 and delete Condition No. 18 thereof; and
WHEREAS, on February 18, 1998, the Anaheim City Pianning Commission adopted
Resolution No. PC98-22 to d2lete Condition Nos. 5, 13, 16 and 19 of Resolution N,o. 94R-243, as
amended, and to amend Condition Nos. S, 20, 21, 26 and 27 thereof; and
WHEREAS, on March 3, 1998, the Anaheim City Council set aside the Planning
Commission's decision thereby vacating Resolution No. PC98-22, ~,^~' ~?~~ matter has been set for
public hearing before the City Council on Aprii 28, 1998; and
WHEREAS, the property is developed with an approximaiely 3,600 sq.ft., 2-story graup
home (The Eli Home) in the RS-HS-22,000 (SC) (Residential, Single-Family Hillside - Scenic Corridor
Overlay) Zone; and
WHEREAS, the petitioner, !he Board of Directors of The Eli Home, Inc., has requested
reinstatement of this conditional use permit which expires on April 2, 1998, and deletion of the one-year
~ime limitation (Condition No. 1); and
WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the
Civic Center in the City of Anaheim on March 30, 1998, at 1:30 p.m., notice of said public hearing having
been duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspeclion, investigation and study made by
itself and in its behaif, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the facts necessary to support the required showing for reinstatement of ~his use
permit as reflected in the findings of the original entitlement, as it has 4een amended from time to time,
exist because:
(a) The use is properly one for which a conditional use permii is authoiized by the Anaheim
Municipal Code;
(b) The use is not a single-family dwelling as defined in Section 18.01.050 of the Anaheim
Municipal Code, nor do the occupants thereof canstitute a"family' as defined in Section 18.01.070 of the
Anaheim Municipal Code, because:
CR3213PL.DOC -1- PC98-37
(i) Occupants of the facility are abused children and their mothe~s selected from
applications received by !he owner of the facility; and
(ii) Occupancy of the facility is transitory in natur2 with occupants being permitted to
stay in the facility for only a limited number of days; and
(iii) Occupants occupy the facility for the primary purpose of removing themselves
from abusive relationships (and possibly obtaining counseling or other therapeutic services at the facility)
rather than as a voluntary commitment to a domestic relationship with each other,
(c) The nature of the operation, based on lhe adopted letter of operation and the imposed
restrictions, creates a use that is substantially similar to a residential use such as a boarding house,
lodging house or rehabilitation center,
(d) The City Traffic and Transportation Division of the Pubfic Works Department has
determined that, with the recommended conditions, the amount of tra~c to be generated by the facility's
operation will not overburden the surrounding streets and highways designed to carry traffic in the area;
and
(e) The size of the existing nonconforming parcel and the location of the existing site
immediately adjacent to a main arterial high~,vay makes ttie site undesirabl2 for residential uses similar to
the surrounding properties; and, the location of the site adjacent to existing residential uses makes the
property undesirable for commercial, industrial or o~ce use; and, the use, as approved and amended,
ailows a transitional use which is substantially similar to a residential use; and, as conditioned, the use
will not be a detriment to the peace, health, safety or general welfare of the community in which it is
loca4ed.
2. That the use peRnit is being exercised s~bstantially in the same manner and in
conformance with the conditions and stipulations previously-approved and amended in conjunction with
this use permit, and in a manner which is not detrimental to the particular area and/or surrounding land
uses in that:
(a) The conditions imposed on the operation restrict the number of occupants at the facility
to not more ihan twenty-two (22) persons; and
(b) The conditions imposed on the oaeration restrict the number of vehicles tha4 may be
parked at the facility at any point in time; and
(c) The conditions imposed on the operation limit the amount of traffic to and from the
facility, the amount of parking at the facility, and the amount of activity at the facility, so that the
operation and ihe appearance of the faciliiy will ~iot intertere with or detract from the sunounding
residential neighborhood.
3. That the group home facility, as conditioned herein, wiil be compatible with the
surrounding resideniial neighborhood, and will allow reasonable operation of the group home facility
while balancing the rights of the neighborhood with the rights of the prc~perty owner, and preserving and
orotecting the peace, health, safety and general welfare of the community in which it is located.
4. That the modified conditions of approval are m~re reasonably amenable to enforcement
by the City of Anaheim.
5. That the conditional use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed 4o be located.
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6. That the size and shape of the site for the wnditional use is adequate to allow the full
development of said use in a manner not detrimental to ihe particular area nor to the peace, health,
safety and general welfare.
7. That the tra~c generated by the conditionaf use will not impose an undue burden upon
the streets and highways designed and improved to carry the tra~c in the area.
8. That amending this conditiona! use pertnit, as approved, will not be detrimental to the
peace, heaith, safety and general welfare of the citizens of the City of Anaheim.
9. That one person spoke in favor af the proposal at the public hearing.
10. That one person spoke in opposition to the proposal at the public hearing; and that no
corcespondence was received in opposition to this petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration
previously approved in connection with Conditional Use Permit No. 3680 is adequate to serve as the
required environmental documentation in connection with this request upon finding that the declaration
reflects the independent judgmen4 of the lead agency and that it has considered the previousiy approved
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial siudy and any comments received that there is no substantial evidence
that the project will have a significant eYect on the en•rironment.
NOW THEREFORE BE IT RESOLV~D that the Pianning Commission does hereby deny
the request to delete Condition No. 1(pe~taining to a time limitation); and
BE IT FURTHER RESOLVED thzt the Anaheim City Planning Commission does hereby
amend Resolution No. 94R-243, as amended by Resolution No. 97R-1, and adopted in connection with
Conditional Use Permit No. 3680, to reinstate Conditiona! Use Permit No. 3680 for a period af two (2)
years and to amend the conditions of approvat in their entirety to read as follows:
1. That subject Conditional Use Pertnit shal~ expire on April 2, 2000.
2. That the garage shali always remain availabie for parking purposes, providing a minimum of two
(2) enciosed parking spaces.
3. • That occupancy of the structure shall be limiited to twenty-two (22) persons, including one (7)
live-in manager.
4. That any trees planted on-site shall be pianted outside the ultimate right-of-way line of Santa Ana
Canyon Road, as established by the Circulation Eiement of the Anaheim General Rlan.
5. That there shall be no off-site parking of resident, visitor, staff or volunteer cars permitted on
adjacent streets or private properties.
6. That there shall be no identification signs of any type perrnitted for the residence (other than the
street address).
7. That a six (6) faoi high wrought iron or other decorative-lype fence shall be installed to provide a
physical separation between the outdoor recreation/leisure/play area and the on-site parking
area.
8. That the cost of any Code Enforcement inspections resulting from a complaint shall be b~mE by
the operator/property owner. Said fee shall only apply in the event thai Code violations actually
exist.
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That subject property ;,nall b~ developed substantially in accorclance with plans and
s~ecifications subm~ded to th~s City of Anaheim h,y the petitioner and which plans are on file with
the Planning De~artment mailcQd Revision No. 1, Exhibit Nos. 1 through 3.
10. That security fo~ the facility shall ~ provided if deemed necessary by the Anaheim Police
Department.
That there sha~l be not more than fifteen (95) round trips a day to and from the facility, except as
otherwise se± forth in the revised Letter of Operation, date-siamped February 91; 1998, as it
relates to sp,~ciai events.
12. That all meetings, counseling or education sessions, deliveries, transportation needs of residents
and staff, and other site visits shali be scheduled so that at no point in time shall there be more
than six (6) vehicles parked at the subject property (two (2) in the garage and four (4) ~n the
concrete driveway).
13. That the facility shall be adequately su~ervised at all iimes.
14. That the subject facility shall operate in conformance with the provisions of the revised Letter of
Operation, date-stamped February 11, 1998, which document is on file in the Planning
Department.
15. That prior to the expiration of this Conditional Use Permit (April 2, 1998), the applicant shall
either:
(a) Obtain a building permit and commence construction of the perimeter block wall along
the right-of-way line, and complete the construction of said wall (inciuding tha installation
of clinging vines, enhanced landscaping and ircigation as shown on a plan previously-
approved by the Planning Commission on December 9, 1996) within ninety (90) days
from the issuance of said permit; or
(b) Submit an application for an encroachment permit to the Public Works Department fo~
review and approval for that portion of the perimeter wall proposed to be extended into
the Santa Ana Canyon Road right-of-way. If the encroachment permit is granted,
applicanl shall submit a revised site plan illustrating the location of the proposed block
wall (including clinging vines, enhanced landscaping and irrigaiion) to the Pianning
Depariment for review and approval, and obtain a buiiding permit and complete the
construction o! said Glock wali, landscaping and irrigation within six (6) months from the
decision date on the encroachment permit. If the encroachment permit is denied,
applicant shail obiain a building pennit and complete the construction of said block wall,
landscaping and imgation at the right-of-way line within six (6) months from the decision
date of the encroachment permit.
Under either aitemative, the wall and landscape treatments shali be consistent with the
treatments previousiy approved by the Planning Commission on December 9, 1996, and shall be
permanently maintained by the praperiy owner.
16. Th~t prior to final building and zoning inspections, Condition Nos. 9 and 15, above-mentioned,
shall be complied with.
17. That approval of this application constitutes approval of the proposed request oniy 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.
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THE FOREGOING RE50LUYION was adopted at the Planning Commission meeting of
March 30, 1998.
~-G~E-f 1'3n'z~~zG ~C
CHAIRPERSON, ANAHEIM CiTY PLANNING COMMISSION
ATTEST:
~~,~„-~,,~''
SECRETARY, ANA IM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meetiny of the Anaheim City Planning
Commission held on March 30, 1998, by the following vnte of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, SOYDSTUN, BRISTOL, HENNINGER, NAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANCY: ONE SEAT VACANT
p IN WITNESS WHEREOF, I have hereunto set my hand this,~7 day of
't.tJC , 1998.
~~
SECRETARY, A HFIM CITY PlANNING C0~~9MISSION
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