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MIN 01 23 2017_Item 3_Lindsay_gmJANUARY 23, 2017 PLANNING COMMISSION [DRAFT] MINUTES ITEM NO. 3 CONDITIONAL USE PERMIT NO. 2016-05891 (DEV2016-00111) Location: 2922 East Belvedere Road Request: To permit and retain an existing transitional living facility within an existing single family home. Environmental Determination: The Planning Commission will consider whether to find the project to be Categorically Exempt from the provisions of the California Environmental Quality Act and Guidelines as a Class 1 (Existing Facilities) Categorical Exemption. Resolution No. PC2017-013 (Dalati / Seymour) Approved, modified Condition No. 3 to state that residents and employees shall utilize no more than four on-site parking spaces for personal vehicles on the premises while at the facility. Added a condition of approval which requires any new operator to submit a Letter of Operation to the Planning Director to determine substantial conformance with the uses allowed under this permit. VOTE: 7-0 Chairperson Caldwell and Commissioners Bostwick, Carbajal, Dalati, Henninger, Lieberman and Seymour voted yes. Project Planner: Lindsay Ortega lortega@anaheim.net Lindsay Ortega, Contract Planner provided a summary of the staff report dated January 23, 2017, along with a visual presentation. David See, Principal Planner added that an updated draft resolution had been distributed to the Commission with an additional condition to stating that, should the business owner change, the new owner must submit an update letter of operation to ensure that the facility will comply with the approved conditional use permit. The applicant received a copy of the resolution as well. Commissioner Lieberman asked for operation history on the other two facilities (on Lemon and North Streets). Have there been Code Enforcement or Police issues? Ms. Ortega stated the facilities do not have any Municipal Code violations. She said a police sergeant spoke positively about the operations of the facilities and; the properties are well maintained. In 2016, there were five Police calls for service to one facility and six to the other. None of the calls involved serious crimes. Commissioner Lieberman asked if the calls were made by neighbors or residents of the facility. JANUARY 23, 2017 PLANNING COMMISSION [DRAFT] MINUTES Mr. See, responded the information had recently been received from the Police Department and did not have all the details. Commissioner Lieberman asked for information on the violations mentioned in the Darquea letter received by the Commission. Ms. Ortega said when they received the letter, they requested a call for service report from the Police Department for the property. There were only two calls in 2016. The first call was in April. Grandma’s House of Hope began operating in June. During the time they operated, they was only one request for service. Commissioner Lieberman requested clarification on Condition #3 relating to the number of on-site parking spaces. Mr. See stated the intent is to allow flexibility for the four parking spaces; allowing the applicant to use them for employee or resident parking. Chair Caldwell opened up the public hearing. Je’net Kreitner, Executive Director and Founder of Grandma’s House of Hope. Ms. Kreitner gave a description of the home operations and their program. The one Police call was for a resident who misplaced her identifying documents and needed a police report to submit to her banker. Ms. Kreitner stated petty theft incidents have taken place at their other locations and they have involved program residents, not theft from neighbors. There is a 10:00 p.m. curfew at this location. Commissioner Bostwick asked how many of the residents have a criminal record and if there are any drug addicts living in the home. Ms. Kreitner responded that they will not place a woman who has a recent criminal history. This house is, for the most part, intended for seniors. There is one woman who had a criminal history three years ago. All residents are tested for drugs and alcohol use, at a minimum, three times a month. Commissioner Bostwick asked why the letters in opposition indicated that homeless men would be taken off the street and placed in the home. Ms. Kreitner indicated that she personally walked the neighborhood and spoke with residents on two separate occasions. She received mostly positive comments. She indicated that letters received may have come from residents who were not home at the time of her walk throughs. Ms. Kreitner said there was a very small showing for their open house. Commissioner Dalati asked how they assure that there will not be a parking issue. Ms. Kreitner responded that a guest pass must be requested a week in advance. Only family members are allowed to visit the residents. The rule is that a resident must meet a non-family visitor at the nearest bus stop, not the home. They control how many cars are allowed on the property; mainly reserved for residents who are disabled and cannot get around without a vehicle. JANUARY 23, 2017 PLANNING COMMISSION [DRAFT] MINUTES Commissioner Lieberman asked how long Ms. Kreitner has been operating this type of home. Ms. Kreitner replied that she and her husband opened their home to a homeless woman in 2004, prior to them being a non-profit. Chair Caldwell asked Ms. Kreitner if she was in agreement with the staff report. Ms. Kreitner responded yes. The following people spoke in opposition to the proposed project: Kimberly Wentworth, 2922 E. Asbury Place, Anaheim Timothy Lynch, 2951 E. Belvedere Road, Anaheim Craig Batley, manager of 2928 E. Belvedere Road, Anaheim Gerardo Reyes, 105 S. Queesbury Street, Anaheim Charles & Patricia Darquea, 2928 E. Belvedere Road, Anaheim Steve & Michelle Dynstat, 2940 E Belvedere Road, Anaheim Jim Stikeleather, 2934 E. Belvedere Road, Anaheim Matthew Gardner, 2935 E. Belvedere Road, Anaheim Joan Loving, 106 S. Glendon Street, Anaheim Concerns expressed were as follows:  This type of business should be operated within an industrial or business zone  Nearby residents feel unsafe  Property values have dropped since the shelter opened  The applicant’s outreach was inadequate, not all neighbors were contacted prior to the opening of the shelter  Questions whether the conversion to a six bedroom residence is permitted  Sixteen people in one residence is overcrowding, three bathrooms is inadequate  Increased traffic in neighborhood  Insufficient resident and guest parking will create parking issues in the neighborhood  Are residents homeless or recovering drug addicts?  Loitering  Residents dealing with mental issues, specifically schizophrenia  Drugs  Seven Police calls for service  Neighborhood children will hear profanity, witness poor behavior and possible harm  Guests will bring in crime  The garage on the property is being used for storage, not vehicles  Increase in crime  Opens the neighborhood to more transitional facilities  Residents smoking cigarettes at curbside and leaving the butts in the gutter Patrick Kreitner, 12191 Santa Rosalea Street, Garden Grove, said he personally removed all items from the garage except for a couple of refrigerators, a washer and a dryer. JANUARY 23, 2017 PLANNING COMMISSION [DRAFT] MINUTES Ms. Kreitner addressed the above issues. She said the garage door would be open that night so that all residents could see that the garage is now empty. She indicated that only community leaders are allowed to open the front door. The Orange County Health Agency allows six people per bathroom. Industrial centers such as these are usually not anywhere near public transportation, which is problematic. There are currently board and care facilities and Section 8 housing in this neighborhood. Confidentiality is strict; residents are instructed not to share it with others, if they do, they are moved to another facility. If the rule is broken again, they are removed from the program. Ms. Kreitner clarified that there are five bedrooms and one office at the residence. A community leader is on the property 24 hours a day. Staff is available 24 hours day, including weekends and can be at the property within fifteen minutes. Residents with mental health issues must take their medication while in the program; otherwise, they will be removed from the program. Most residents are long term so the turnover will be kept at a minimum. They are not allowed to “hang out” or smoke in front of the property. There is a designated smoking area in the rear yard. Ms. Kreitner indicated that she will share her phone number if someone needs to report that these rules are not being followed. There will be an increase in parking on Tuesday evenings, as that is when House meetings are held. Commissioner Seymour asked Ms. Kreitner if she could pass out her contact information to anyone who needs it. Ms. Kreitner said stated her cell phone number for anyone who wanted it, to write down. Commissioner Henninger addressed the public and invited them to help the homeless by volunteering in the Orange County homeless census being conducted the following weekend. He added that his neighbor is moving out and told Ms. Kreitner that he would be happy to have her as a neighbor if the house suited her needs. Commissioner Leiberman asked how notification was given to the neighborhood and if there are State regulatory issues specific to transitional housing facilities at this site. Ms. Ortega responded that there is no monitoring or licensing by the State for this type of facility. A public notice was sent to residents within 300 feet of the subject property, two weeks prior to the hearing. Mr. See interjected that the confusion may have been with the business owner’s method of notification was knocking on door and distributing flyers, not the City’s public notice. Commissioner Dalati spoke on the effects of homelessness in our community and offered a motion, seconded by Commissioner Seymour and the motion carried, recommending that the Planning Commission adopt the resolution attached to the January 23, 2017 staff report, determining that a Class 1 Categorical Exemption is the appropriate environmental documentation for this request and approving Conditional Use Permit No. 2016-05891 (DEV2016-00111). Eleanor Morris, Secretary announced that the resolutions passed with seven yes votes. Chairperson Caldwell and Commissioners Bostwick, Carbajal, Dalati, Henninger, Lieberman and Seymour voted yes. JANUARY 23, 2017 PLANNING COMMISSION [DRAFT] MINUTES OPPOSITION: Eleven persons spoke in opposition to the subject request. Three pieces of written correspondence and six telephone calls were received in opposition to the subject request. DISCUSSION TIME: 1 hour and 24 minutes (5:09 to 6:35 p.m.)