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98-096 RESOLUTION NO. 98R-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN EXTENSION AND REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 3680 WHICH EXPIRED BY ITS TERMS ON APRIL 2, 1998, AND MAKING CERTAIN FINDINGS IN CONJUNCTION THEREWITH. WHEREAS, on September 27, 1994, the Anaheim City Council adopted Resolution No. 94R-243 granting Conditional Use Permit No. 3680 ("CUP 3680") pe~mitting a group home for abused children and their mothers at 100 South Canyon Crest Drive ("The Eli Home") for a period of one year from the date of occupancy of the premises for such use; and WHEREAS, on January 7, 1997, the City Council, upon appeal of a prior decision of the Planning Commission and pursuant to a complaint filed with the United States Department of Housing and Urban Development, adopted its Resolution No. 97R-1 amending certain conditions of approval of CUP 3680 as theretofore approved by Resolution No. 94R-243; and WHEREAS, occupancy of the premises for said group home use commenced on April 2, 1997, pursuant to a temporary certificate of occupancy, thereby beginning the one year period of occupancy authorized by CUP 3680 for said use; and WHEREAS, this property is developed with an approximately 3,600 sq. ft. two-story residential structure being used as a group home for abused children and their mothers pursuant to the authority of CUP 3680 and located in the RS-HS- 22,000 (SC) (Residential, Single-Family Hillside - Scenic Corridor Overlay) Zone; and WHEREAS, on September 24, 1997, The Eli Home requested modification or deletion of certain conditions of approval of CUP 3680; and WHEREAS, on February 18, 1998, the Anaheim City Planning Commission adopted its Resolution No. PC98-22 to delete Condition Nos. 5, 13, 16 and 19, and to amend Condition Nos. 6, 20, 21, 26 and 27, of CUP 3680 as set forth in Resolution No. 94R-243, as amended by Resolution No. 97R-1; and WHEREAS, on March 3, 1998, the Anaheim City Council, by the action of its members, caused the decision of the Planning Commission in PC98-22 to be set for public hearing before the City Council thereby setting aside and vacating said decision of the Planning Commission; and WHEREAS, on April 2, 1998, CUP 3680 expired by its own express terms; and WHEREAS, prior to the date of expiration of CUP 3680, The Eli Home filed an application for an extension and reinstatement of CUP 3680 pursuant to the provisions of Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, on March 30, 1998, the Anaheim City Planning Commission, following a duly noticed public hearing, approved its Resolution No. PC98-37 granting an extension and reinstatement of CUP 3680 for a period of two additional years (to April 2, 2000); and WHEREAS, on April 7, 1998, the City Council, by the action of its members, caused the decision of the Planning Commission in Resolution No. PC98-37 to be set for a subsequent public hearing before the City Council thereby setting aside and vacating said decision of the Planning Commission; and WHEREAS, on May 19, 1998, following a duly noticed public hearing continued from the City Council meeting of April 28, 1998, and prior to considering the application of The Eli Home for an extension and reinstatement of CUP 3680, the City Council adopted its Resolution No. 98R-95 approving an amendment to certain conditions of approval of CUP 3680, but said action did not extend or reinstate CUP 3680 which had expired by its terms on April 2, 1998; and WHEREAS, on May 19, 1998, the City Council held a duly noticed public hearing to consider The Eli Home's application for an extension and reinstatement of CUP 3680 pursuant to the provisions of Section 18.03.093 of the Anaheim Municipal Code, and did hear and consider evidence for and against said proposed extension and reinstatement; and WHEREAS, the City Council, after due inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code for the following reasons: (a) Said use is proposed to be located on property in the RS-HS-22,000 Zone of the City of Anaheim (Anaheim Municipal Code Chapter 18.23); (b) Said use is not listed as a permitted use in the RS-HS- 22,000 Zone, or any other zone in the City of Anaheim; 2 (c) The only primary use permitted upon property located in the RS-HS-22,000 Zone is one single-family dwelling and its accessory buildings; (d) Said use is proposed to be the primary and sole use of said property; (e) Said use is not a single-family dwelling use because: (i) Section 18.01.050 of the Anaheim Municipal Code defines a single-family (or "one-family") dwelling as a "detached building designed exclusively for occupancy by one family;" , (ii) Section 18.01.070 of the Anaheim Municipal Code defines "family" as "an individual or a collective body of persons living together as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other as distinguished from a group occupying a boarding house, lodging house, club, fraternity, sorority, hotel or rehabilitation facility;" (iii) individuals occupying the facility do not constitute a "single-family" within the meaning of Sections 18.01.050 and 18.01.070 of the Anaheim Municipal Code for the following reasons: (1) occupants of the facility are abused children and their mothers selected from applications received by the owner of the facility (Eli Home, Inc.) and an on-site residential manager; (2) occupants are permitted to stay in the facility for only a limited duration with the average stay being approximately 45 days in length; (3) occupants stay at the facility for the prlmary purpose of removing themselves and their children from abusive relationships or threatening home environments (and obtaining counseling and other therapeutic services) rather than a voluntary commitment to a domestic relationship with each of the other occupants; (f) Said use is similar in nature to a boarding house, lodging house, or rehabilitation facility all of which uses are currently permitted only by a conditional use permit in the RS- HS-22,000 Zone because: (i) occupancy of the facility is transitory in nature with each occupant staying an average of only 45 days in the facility; and 3 (ii) the occupants are, or may be, provided with certain counseling or other therapeutic services (either on-site or off-site) while occupying the facility. 2. The proposed use does adversely affect the adjoining land uses in the area in which it is located for the following reasons: (a) the site is located in a single-family residential zone adjacent to a major arterial highway (Santa Ana Canyon Road) and contiguous to private streets which are of substandard width and not available or suitable for parking of any vehicles, including vehicles of occupants, staff, o~ visitors of the facility; (b) during its one year of operation, the facility has been the subject of numerous complaints from the residents of the surrounding single-family homes and has violated the conditions of operation previously imposed, in effect, and agreed to by the permitholder under Resolution No. 94R-243, as amended by Resolution No. 97-1, as follows: (i) violated Conditions Nos. 6 and 19 by often allowing off-site parking of vehicles of visitors to the facility on adjacent property; and (ii) violated Conditions Nos. 5, 6, 19 and 21 by conducting events on the premises drawing large crowds of visitors and vehicles to the facility and the surrounding area. (c) That the facility, as operated for the preceding year, has created a danger to the safety of its occupants and the residents in the surrounding vicinity of the facility for the following reasons: (i) the facility and use was originally approved by the City Council for a period of one year only (pursuant to Resolution No. 94R-243) based upon representations by The Eli Home and its representatives that said facility would be used as an unpublicized and anonymous shelter ("safe house") for abused children and their mothers seeking refuge from abusive and sometimes violent fathers and/or spouses; (ii) the facility has not been operated as an anonymous "safe house" as was originally represented to the City Council; rather the location and operation has been the subject of much publicity, much of which has been created by the efforts of The Eli Home itself in using the facility for media events and, therefore, the location and use of the facility is now widely known throughout the area; (iii) the publicized and now widespread knowledge of this facility and its purpose increases the risk that potentially 4 violent persons will now come to the facility and the neighborhood in search of children and spouses who have fled from abusive and violent home situations and thereby increases the risk of danger to the occupants of the home and to the residents in the surrounding vicinity from violent acts of such persons. 3. The size and shape of the site proposed for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare for the following reasons: (a) the facility is (and ts proposed to be) occupied by up to 22 persons in an institutional-type facility which number greatly exceeds the number of persons lawfully occupying single- family residences in the vicinity; (b) the use involves a live-in manager, counselors, educators, visiting staff and deliveries requiring numerous vehicles and vehicle trips to and from the facility on a regular basis and thereby places undue burdens upon the narrow private streets in the vicinity; and (c) the size of the property is not adequate to provide sufficient on-site off-street parking spaces to accommodate the number of vehicles which have been (and which can reasonably be expected to continue to be) generated by the use of the facility. 4. The extension and reinstatement of CUP 3680, even under the conditions heretofore imposed in Resolution No. 94R-243, as amended by Resolutions Nos. 97R-1 and 98R-95, will be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim for the following reasons: (a) the use is substantially similar to a boarding house, lodging house or rehabilitation facility, rather than a single- family residential use, and the traffic associated with such use is not, and for the last year of operation has been shown not to be, compatible with the peace, comfort and quiet enjoyment of the residents in the surrounding area due to the excessive number of vehicle trips and both on-site and off-site parking needs associated with such use in a single-family residential area which is rural and quiet in nature and is served by substandard width private streets which are inadequate for the traffic and parking needs which in the past have been (and which can reasonably be expected to continue to be) created by the institutional-type use of the facility. (b) That the facility constitutes a danger to the safety of its occupants and the residents in the surrounding vicinity of the facility for the following reasons: 5 (i) the facility and use was originally approved by the City Council for a period of one year only (pursuant to Resolution No. 94R-243) based upon representations by The Eli Home and its representatives that said facility would be used as an unpublicized and anonymous shelter ("safe house") for abused children and their mothers seeking refuge from abusive and sometimes violent fathers and/or spouses; (ii) the facility has not been operated as an anonymous "safe house" as was originally represented to the City Council; rather the location and operation has been the subject of much publicity, much of which has been created by the efforts of The Eli Home itself in using' the facility for media events and, therefore, the location and use of the facility is now widely known throughout the area; (iii) the publicized and now widespread knowledge of this facility and its purpose increases the risk that potentially violent persons will now come to the facility and the neighborhood in search of children and spouses who have fled from abusive and violent home situations and thereby increases the risk of danger to the occupants of the home and to the residents in the surrounding vicinity from violent acts of such persons. 5. Said CUP 3680 has not been exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the City Council (in Resolution No. 94R-243 as amended by Resolution No. 97R-1) for the following reasons: (a) during its one year of permitted operation under expired CUP 3680 the permitholder violated Conditions Nos. 6 and 19 by often allowing off-site parking of vehicles of visitors to the facility on adjacent property; and (b) during its one year of permitted operation under expired CUP 3680 the permitholder violated Conditions Nos. 5, 6, 19 and 21 by conducting events on the premises drawing large crowds of visitors and vehicles to the facility and the surrounding area. 6. Said CUP 3680 has been exercised in a manner detrimental to the particular area and surrounding land uses, or to the public peace, health, safety and general welfare for the following reasons: (a) the traffic associated with such use is not, and for the last year of operation has been shown not to be, compatible with the peace, comfort and quiet enjoyment of the residents in the surrounding area due to the excessive number of vehicle trips and both on-site and off-site parking needs associated with such use in a single-family residential area which is rural and quiet 6 . ~. in nature and is served by substandard width private streets which are inadequate for the traffic and parking needs which in the past have been (and which can reasonably be expected to continue to be) created by the institutional-type use of the facility. (b) during its one year of operation, the facility has been the subject of numerous complaints from the residents of the surrounding single-family homes and has violated the conditions of operation previously imposed and in effect under Resolution No. 94R-243, as amended by Resolution No. 97-1, as follows: (i) violated Conditions Nos. 6 and 19 by often allowing off-site parking of vehicles of visitors to the facility on adjacent property; and (ii) violated Conditions Nos. 5, 6, 19 and 21 by conducting events on the premises drawing large crowds of visitors and vehicles to the facility and the surrounding area. (c) the facility is (and is proposed to be) occupied by up to 22 persons, including an on-site manager, with regular visits from counselors, educators and staff, which exceed the number of residents or occupants of single-family homes in the vicinity and interfere with the peace and quiet enjoyment of the homes of the residents in the vicinity by generating excessive traffic and vehicles upon narrow private streets neither designed for, nor capable of handling, the traffic and parking needs of the facility. (d) the facility, as operated for the preceding year, has created a danger to the safety of its occupants and the residents in the surrounding vicinity of the facility for the following reasons: (i) the facility and use was originally approved by the City Council for a period of one year only (pursuant to Resolution No. 94R-243) based upon representations by The Eli Home and its representatives that said facility would be used as an unpublicized and anonymous shelter ("safe house") for abused children and their mothers seeking refuge from abusive and sometimes violent fathers and/or spouses; (ii) the facility has not been operated as an anonymous "safe house" as was originally represented to the City Council; rather the location and operation has been the subject of much publicity, much of which has been created by the efforts of The Eli Home itself in using the facility for media events and, therefore, the location and use of the facility is now widely known throughout the area; 7 (iii) the publicized and now widespread knowledge of this facility and its purpose increases the risk that potentially violent persons will now come to the facility and the neighborhood in search of children and spouses who have fled from abusive and violent home situations and thereby increases the risk of danger to the occupants of the home and to the residents in the surrounding vicinity from violent acts of such persons. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Anaheim that, for each of the reasons hereinabove set forth, both individually and cumulatively, the request of the applicant, The Eli Home, Inc., for an extension and reinstatement of CUP 3680 pursuant to Section'18.03.093 of the Anaheim Municipal Code be, and the same is hereby, DENIED. BE IT FURTHER RESOLVED that all rights, authority and entitlements of The Eli Home, Inc., and any and all other persons under CUP 3680 shall be deemed to have expired and terminated by the express terms and conditions of CUP 3680, as such terms and conditions were accepted and exercised by the permitholder, effective April 2, 1998. BE IT FURTHER RESOLVED that the time within which rehearings 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 Section 18.02.060 of the Anaheim Municipal Code. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of May, 1998. MAYO AT~ A. ?l :;;'~ CITY CLERK OF-THE CITY OF ANAHEIM 0026797.02 8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 98R-96 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of May. 1998, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Lopez, Daly NOES: MAYOR/COUNCIL MEMBERS: Tait, Zemel ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 98R-96 on the19 th day of May, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this19 th day of May, 1998. ~.l6( JtS/~ - CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 98R-96 was duly passed and adopted by the City Council of the City of Anaheim on May 1 ~h, 1998. ~~'^ ?t ~ CITY CLERK OF THE CITY OF ANAHEIM