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RES-2016-077RESOLUTION NO. 201 6-077 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND ADOPTING CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015- 05054 AND DETERMINING THAT SAID ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15301 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. (DEV2015-00102) (928 AND 930 WEST NORTH STREET) WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a verified petition for (a) Conditional Use Permit No. 2015-05825 to permit and retain a Transitional Housing use with more than six persons within an existing single family home and a detached accessory structure, and (b) Variance No. 2015-05054 to permit (i) the use of a garage for storage rather than for parking of operable vehicles, (ii) less parking spaces in a garage than required by the Anaheim Municipal Code (the "Code"), and (iii) the counting of on-site tandem parking spaces toward the number of on-site parking spaces required under the Code (herein referred to collectively as the "Proposed Project") for that certain real property located at 928 and 930 West North 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, approximately 0.33 acre in size, is developed with a single- family residential dwelling unit with a two -car garage, a detached accessory structure used as "Accessory Living Quarters", as defined in Section 18.38.020 (Accessory Living Quarters) of Chapter 18.38 (Supplemental Use Regulations) of the Code, and a separate detached structure containing a single -car garage, bathroom, and office space. The Property is located within the "R -L" Residential -Low land use designation of the Anaheim General Plan and in the " RS -1" Single Family 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, while subparagraph .03 of paragraph .0208 of subsection .020 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of the Code prohibits the use of garages for storage and requires that they be used for parking of operable vehicles only, the applicant has requested that it be permitted, instead, to use the garages for storage; and WHEREAS, while subsection .040 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of the Code requires a minimum of three enclosed garage spaces for the Proposed Project, which exist upon the Property, the applicant has requested that it be permitted, instead, to use the existing garage spaces for storage; and WHEREAS, while the applicant has requested permission to provide two pairs of tandem parking spaces in front of the garage attached to the main dwelling unit, paragraph .0401 of subsection .040 of Section 18.42.030 (Residential Parking Requirements) of Chapter 18.42 (Parking and Loading) of the Code precludes counting tandem parking spaces toward the number of parking spaces required for residential uses; and WHEREAS, a public hearing before the Planning Commission was duly noticed for January 11, 2016, 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 2015-05825 and Variance No. 2015-05054. The public hearing was continued by the Planning Commission to February 8, 2016 at 5:00 p.m. at the Civic Center in the City of Anaheim, at which time the Planning Commission did hold a public hearing to hear and consider evidence for and against proposed Conditional Use Permit 2015-05825 and Variance No. 2015- 05054, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, following said public hearing and 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 Planning Commission found and determined that the Proposed Project is within that class of projects which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the Planning Commission's determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, following said public hearing, the Planning Commission adopted its Resolution No. PC2016-013, approving Conditional Use Permit 2015-05825 and Variance No. 2015-05054 but conditioned upon limiting the maximum number of residents to twenty-five (25), instead of what the applicant requested, i.e., thirty-four (34); and WHEREAS, within the time prescribed by law, the applicant did appeal the decision of the Planning Commission to the City Council of the City of Anaheim (the "City Council") asking the City Council to reconsider Conditional Use Permit 2015-05825 and Variance No. 2015- 05054, and, specifically, to permit the maximum number of residents to be thirty-four (34), which the applicant subsequently agreed to amend to limit the maximum number of residents to thirty-two (32); and WHEREAS, thereafter, the City Council did set the matter for a de novo hearing, which public hearing was duly noticed in the manner provided by law for May 17, 2016 and WHEREAS, at the time and place fixed for said public hearing, the City Council did hold and conduct such public hearing 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; and 2 WHEREAS, pursuant to and in accordance with the provisions of CEQA, the CEQA Guidelines and the City's Local CEQA Procedure Manual, this City Council finds and determines that the Proposed Project is within that class of projects which consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the Planning Commission's determination, and that, therefore, pursuant to Section 15301 of the CEQA Guidelines, the Proposed Project will not cause a significant effect on the environment and is, therefore, categorically exempt from the provisions of CEQA; and WHEREAS, 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 recommendations of the Planning Commission and all evidence and reports offered at said hearing with respect to Conditional Use Permit No. 2015-05825, does find and determine that all of the conditions and criteria set forth in the Code are present; that is: 1. The request for a conditional use permit for a Transitional Housing facility with more than six persons is an allowable use authorized within the "RS -1" Residential Single Family Zone, subject to a conditional use permit; and 2. The proposed establishment of a Transitional Housing facility, as proposed by the applicant and limiting the maximum number of residents to thirty-two (32), complies with all of the provisions of the General Plan and the "RS -1" Residential Single Family Zone and, under the conditions imposed, would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the services provided are for the residents only and the facility will operate seamlessly within the residential living environment; and 3. The size and shape of the site proposed for the Transitional Housing facility, as proposed by the applicant and limiting the maximum number of residents to thirty-two (32), 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. With the conditions imposed and subject to Variance No. 2015-05054, the proposed Transitional Housing use will meet the site development standards for the "RS -1" Single Family Residential Zone; and 4. The traffic generated by the Proposed Project, as proposed by the applicant and limiting the maximum number of residents to thirty-two (32), will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area in that the minimum number of required parking spaces (9) will be provided on-site and the use is consistent with the Single Family Residential zone. Therefore, there are no anticipated burdens on streets and highways; and 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 since the proposed use is conditionally permitted and with the conditions imposed, the proposed transitional housing use will be compatible with surrounding single family residential uses. 3 WHEREAS, this City Council further finds and determines with respect to Variance No. 2015-05054 that all of the conditions and criteria set forth in the Code are present; that is: SECTION NO. 18.42.030.0208.03 SECTION NO. 18.42.030.040 SECTION NO. 18.42.030.040.0401 Garages may not be used for storage and must be used for parking of operable vehicles only Minimum number of parking spaces in a garage To allow tandem parking spaces counted toward the required number of spaces. 1. The request to permit the use of the three existing garages for storage will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity in that the minimum number of parking spaces will be provided on-site (9) with four in tandem on the front driveway and five in the rear behind the main residence. Since the residents are not permitted to keep a vehicle, all of the parking demand will be provided on-site and will not increase the demand for parking on the public streets. 2. The request for variance to the parking Code requirements will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within the property boundaries. 3. That the request, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because this use will not exceed anticipated traffic volumes for this property and the surrounding area. 4. The request for variance to the parking Code requirements will not increase traffic congestion within the off-street parking areas for the proposed uses as ingress and egress to the site would remain as originally designed and would be provided via North Street. WHEREAS, this 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 detract from the findings made in this Resolution. This 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 based upon the aforesaid findings and determinations, this City Council does hereby approve and adopt Conditional Use Permit No. 2015-05825 and Variance No. 2015-05054 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 in order to preserve the health, safety and general welfare of the citizens of the City of Anaheim. 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 17 day of May , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 116890/TJR EXHIBIT "A DEV NO. 2015-00102 o so ioo Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +/- two to five feet. EXHIBIT "B" CONDITIONAL USE PERMIT NO. 2015-05825 AND VARIANCE NO. 2015-05054 (DEV2015-00102) NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT GENERAL COND1TTON,S 1 This transitional housing facility shall be limited to a maximum of 32 Planning and Building residents and up to 4 on-site employees. The facility shall not Department, provide on-site medical services but shall be permitted to provide Code Enforcement both group and individual counseling. Division 2 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 3 Residents and employees shall not be permitted to maintain more Planning and Building than the allotted 9 parking spaces for personal vehicles on the Department, premises or while residing at the facility. Code Enforcement Division 4 The applicant shall provide an on-site manager or 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 5 Within 30 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 Department. The Code Enforcement owner can contact the Code Enforcement Division at (714) 765- Division 5158 to coordinate this contact information. Any staffing changes to this position shall be reported to the Code Enforcement Division within 30 days. 6 Within 90 days of the date of this resolution, the applicant shall Police complete a Burglary/Robbery Alarm Permit application, Form APD 516, and return it to the Police Department prior to initial alarm activation. 7 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 Department and as conditioned herein. NO. CONDITIONS OF APPROVAL' RESPONSIBILE DEPARTMENT 8 The maximum number of occupants residing in each unit shall not Planning and Building exceed the number allowed by the California Building Code. The Department, number of occupants shall not exceed the maximum number Building Division, described in Condition No. 1, above. If required by the Building Official, a building permit shall be Fire Department obtained and any necessary building upgrades installed to the satisfaction of the Building Official prior to any increase in occupancy over 16 residents in either of the buildings used for residential occupancy. 9 The owner of the subject property shall be required to execute a Planning and Building covenant in a form acceptable to the Planning Director and the City Department Attorney (or their authorized representatives) which provides that, in the event that the subject property is no longer used as a transitional housing facility pursuant to the terms and conditions of Conditional Use Permit No. 2015-05825, the then owner of the subject property shall do all things deemed necessary and appropriate by the Planning Director to have the subject property and all buildings located thereon comply with the standards and requirements of the Anaheim Municipal Code then in effect that are consistent with allowable uses established for the zoning classification in which the subject property is located, including the obtainment of all permits deemed necessary for the completion of any and all modifications to the buildings necessary to meet all applicable requirements and the performance of all such modifications to the satisfaction of the Planning Director. 10 Conditions of approval related to each of the timing milestones Planning and Building above shall be prominently displayed on plans submitted for permits. Department For exarrpple, conditions of approval that are required to be complied with prior to the issuance of building permits shall be provided on plans submitted for building plan check. This requirement applies to building permits, grading permits, street improvement plans, water and electrical plans, landscape irrigation plans, and fire and life safety plans, etc. 11 The Applicant is responsible for paying all charges related to the Planning and Building processing of this discretionary case application within 30 days of Department 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. NO. CONDITIONS OF APPROVAL RESPONSIBLE DEPARTMENT 12 The Applicant shall defend, indemnify, and hold harmless the City Planning and Building and its officials, officers, employees and agents (collectively Department 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. 13 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 Department and as conditioned herein. 14 The applicant shall be subject to a one year review by the Planning Planning and Building Commission. Planning Department staff will report back to the "Reports Department Planning Commission as a and Recommendations" (R&R) item to verify that the transitional housing facility is operating in compliance with the conditions of approval contained herein. The applicant shall pay for the cost of processing this R&R item.