98-095
RESOLUTION NO. 98R-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL OF CONDITIONAL USE
PERMIT NO. 3680 AND AMENDING RESOLUTIONS NO.
94R-243 AND 97R-1 ACCORDINGLY.
WHEREAS, on September 27, 1994, the City Council adopted
Resolution No. 94R-243 granting Conditional Use Permit No. 3680
("CUP 3680") to permit a group home for abused children and their
mothers at 100 South Canyon Cre:<;t 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 (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 relating to the number of vehicle trips, on-site and off-site
parking for resident and staff vehicles and guest visitations, and
modification of the approved site plan to retain an existing wood
fence along the north property line adjacent to Santa Ana Canyon
Road (in lieu of the previously-approved concrete block wall with
stucco finish and a brick cap); and
WHEREAS, the City Planning Commission did hold a public
hearing on said request at the Anaheim City Hall on February 18,
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, on February 18, 1998, the Planning Commission,
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, adopted its Resolution No. PC98-22
approving an amendment to certain conditions of approval of CUP
3680; and
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WHEREAS, on March 3, 1998, the City Council, by the action
of its members, caused the decision of the Planning Commission in
PC98-22 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 April 2, 1998, CUP 3680 expired by its own
express terms; and
WHEREAS, The Eli Home has also applied for an extension
and reinstatement of CUP 3680 pursuant to a separate application
which is now also pending before the City Council; and
WHEREAS, it is necessary that the City Council make a
determination concerning the request of the Eli Home to amend the
conditions of approval of CUP 3680 (even though said CUP 3680
expired by its own terms on April 2, 1998) prior to considering the
application of the Eli Home for an extension and reinstatement of
CUP 3680, which application is now pending; and
WHEREAS, the City Council held a duly noticed public
hearing on said request to amend the conditions of approval of CUP
3680 on April 28, 1998, which hearing was continued to May 19,
1998, at which continued hearing the City Council did receive and
consider evidence, both oral and documentary, relating to said
request; and
WHEREAS, the City Council hereby finds and determines that
CUP 3680 is being, or recently has been, exercised contrary to the
terms and conditions of its approval and that the amendment of said
conditions of approval in the manner hereinafter set forth is
necessary to permit reasonable operation under said conditional use
permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Conditional Use Permit No. 3680 be, and the same are hereby,
amended and restated in their entirety, and the conditions of
approval heretofore set forth in Resolutions No. 94R-243 and 97R-1
be amended, to read as follows:
"1. That subject conditional use permit shall expire on April 2,
1998.
2. That the garage shall always remain available for parking
purposes, providing a minimum of two (2) enclosed parking
spaces.
3. That occupancy of the structure shall be limited to twenty-two
(22) persons, including one (1) live-in manager.
4. That any trees planted on-site shall be planted outside the
ultimate right-of-way line of Santa Ana Canyon Road, as
established by the Circulation Element of the Anaheim General
Plan.
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5. DELETED
6. That there shall be no off-site parking of resident, visitor,
staff or volunteer cars permitted on adjacent streets or
private properties.
7. That there shall be no identification signs of any type
permitted for the residence (other than the street address)
8. That a six (6) foot high wrought iron or other decorative-type
fence shall be installed to provide a physical separation
between the outdoor recrea~ion/leisure/play area and the on-
site parking area.
9. That a fence plan including the exact fence location shall be
submitted to the City Traffic and Transportation Manager for
his review and approval to verify conformance with Engineering
Standard No. 137 pertaining to sight distance visibility.
10. That the plumbing shall be connected to the existing sanitary
sewer in Canyon Crest Drive. A right-of-way construction
permit shall be obtained from the Public Works Department and
a plumbing permit shall first be obtained from the Building
Division.
11. That the appropriate City sewer assessment fees shall be paid
in an amount as established by City Council resolution.
12. That the appropriate drainage assessment fees shall be paid in
an amount as established by City Council resolution.
13. That prior to construction of the proposed block wall, an
encroachment permit (for the portion of the wall extending
into the Santa Ana Canyon Road right-of-way) shall be obtained
from the Public Works Department. In the event the
encroachment permit is denied, the wall shall be constructed
at the right-of-way line.
14. That the cost of any Code Enforcement inspections resulting
from a complaint shall be borne by the operator/property
owner. Said fee shall only apply in the event that Code
violations actually exist.
15. That subject property shall be developed substantially in
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Revision No.1, Exhibit Nos. 1
through 3.
16. DELETED
17. That security for the facility shall be provided if deemed
necessary by the Anaheim Police Department.
18. DELETED
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19. DELETED
20. That there shall be no more than four (4) counseling or
education sessions per day that are conducted or attended by
individuals that are not on staff of the facility.
21. That all meetings, counseling or education sessions,
deliveries, transportation needs of residents and staff, and
other site visits shall be scheduled so that at no point in
time shall there be more than six (6) vehicles parked at the
subject property.
22. That the facility shall be 'adequately supervised at all times.
23. That grading of subject property shall conform to Chapter
17.06 "Grading, Excavations and Fills in Hillside Area" of the
Anaheim Municipal Code.
24. That the existing structure shall comply with the minimum
standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Housing, Mechanical and Fire
Codes as adopted by the City of Anaheim.
25. That prior to the issuance of a building permit, or prior to
commencement of the activity authorized by this Resolution, or
within a period of one (1) year from the date of this
Resolution, whichever occurs first, the legal property owner
shall record a written agreement guaranteeing access over or
upon that portion of the adjoining private property located
east of the subject property for purposes of ingress, egress
and on-site parking as indicated on Revision No.1, Exhibit
No.1. Such agreement shall be submitted for review and
approval by the City's Traffic and Transportation Manager and
City Attorney prior to recordation. A copy of the recorded
agreement shall be submitted to the Planning Department.
26. 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.
27. That a plan illustrating the proposed slump block wall
(including clinging vines), enhanced landscape treatment along
the wall, and irrigation shall be submitted to the Zoning
Division for review and approval by the Planning Commission as
a Reports and Recommendation item. Said wall, landscape and
irrigation improvements shall be permanently maintained by the
property owner.
28. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever
occurs first, Condition Nos. 9, 11, 12, 14, 23, and 27, above-
mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
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29. That prior to final building and zoning inspections, Condition
Nos. 8, 10, 15, and 24 above shall be complied with.
30. That approval of this application constitutes approval of the
proposed request only 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."
BE IT FURTHER RESOLVED that, Conditional Use Permit No.
3680 expired by its express terms on April 2, 1998, and nothing
contained in this Resolution, or the approvals contained herein,
shall constitute an express or implied extension, reinstatement or
approval of said Conditional Use Permit No. 3680, or the use
previously authorized thereby, beyond its expiration date of 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.
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MA OR OF THE
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CITY CLERK OF THE CITY OF ANAHEIM
0026778.01
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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-95 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-95 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.
~~?t~
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-95 was duly passed and adopted by the City Council of
the City of Anaheim on19 th May, 1998.
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CITY CLERK OF THE CITY OF ANAHEIM