RES-2021-079RESOLUTION NO. 2021-079
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING CONDITIONAL USE PERMIT NO.
2019-06048, VARIANCE NO. 2020-05144, AND SPECIMEN
TREE REMOVAL PERMIT NO. 2021-00001 AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2019-00172)
(5275 EAST NOHL RANCH ROAD)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning
Commission") did receive a verified petition for (i) Conditional Use Permit No. 2019-06048 to
allow construction of a new 118 -unit Senior Living Facility with a coordinated sign program; (ii)
Variance No. 2020-05144 to allow reduction in the required number of on-site parking spaces from
102 to 55 spaces; and (iii) Specimen Tree Removal Permit No. 2021-00001 to allow removal of
two existing specimen trees (herein referred to as the "Proposed Project") on that certain real
property generally located at the northwest corner of Nohl Ranch Road and Royal Oak Road, and
commonly referred to as 5275 East Nohl Ranch Road 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 is approximately 2.99 acres in size (excluding areas required for
public right-of-way dedication) and is currently developed with a 17,217 square -foot church and
associated surface parking lot. The Property is located in the "RH-3" Hillside Single -Family
Residential and Scenic Corridor "SC" Overlay zones, and is, therefore, subject to the zoning and
development standards described in Chapters 18.04 (Single -Family Residential Zones) and 18.18
(Scenic Corridor (SC) Overlay Zone). The Land Use Element of the Anaheim General Plan
designates the Property for Low Density Residential land uses; and
WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency in
California as a result of the threat of COVID-19. On March 17, 2020, Governor Newsom issued
Executive Order N-29-20 (superseding the Brown Act -related provisions of Executive Order N-
25-20 issued on March 12, 2020), which allows a local legislative body to hold public meetings
via teleconferencing and to make public meetings accessible telephonically or otherwise
electronically to all members of the public seeing to observe and to address the local legislative
body; and
WHEREAS, pursuant to Executive Order N-29-20 the Planning Commission did hold a
teleconferencing public hearing at the Civic Center in the City of Anaheim on May 24, 2021 at
5:00 p.m., notice of said public hearing having been duly given in accordance with the provisions
of Chapter 18.60 (Procedures) of the Code, to hear and consider evidence for and against the
Proposed Project and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, on May 24, 2021 the Planning Commission, 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, adopted its Resolution No. PC2021-020 finding and
determining that the Proposed Project was categorically exempt from the provisions of CEQA
pursuant to CEQA Guidelines Section 15332 (Class 32 — In -fill Development) and approving
Conditional Use Permit No. 2019-06048, Variance No. 2020-05144 and Specimen Tree Removal
Permit No. 2021-00001 subject to certain conditions of approval described in said Resolution; and
WHEREAS, on June 2, 2021, and within the time prescribed by Section 18.60.130 of
the Anaheim Municipal Code, three separate interested parties appealed the Planning
Commission's action on May 24, 2021; 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; and
WHEREAS, on July 20, 2021, at the time and place fixed for said public hearing, the
City Council did hold and conduct a 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
WHEREAS, the City Council hereby finds, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of the all evidence and reports offered
at said hearing with respect to Conditional Use Permit No. 2019-06048 and Variance No. 2020-
05144 that not all of the conditions and criteria set forth in Section 18.66.060 (Findings) of Chapter
18.66 (Conditional Use Permits) of the Code — all of which are required for approval of Conditional
Use Permit No. 2019-06048 -- are present; and
WHEREAS, the City Council does hereby find and determine the following:
1. The Proposed Project would adversely affect the adjoining land uses, and the growth
and development of the area because the size and location of the Proposed Project in proximity to
the single-family residences would adversely affect the privacy enjoyed by these adjacent
residences and allow for views directly into the rear yards of these residences. As such, the
Proposed Project is incompatible with the adjoining single-family residential land uses.
2. The size and shape of the Property is not adequate to allow the full development of the
Proposed Project in a manner not detrimental to either the particular area nor to the health and
safety. As designed, the Proposed Project includes 118 residential units while the existing RH-3
zoning allows approximately 13 single-family residential homes. The proposed increase in density
is significant and well beyond the expectations of the surrounding single-family neighbors.
Further, the Proposed Project would provide only 59 on-site parking spaces where 102 spaces are
required by the Anaheim Municipal Code in order to accommodate staff, third -party caregivers,
and visitors. If parking spaces are unavailable on site, staff, third -party care givers and visitors
will park on the adjacent public streets, which will result in a significant impact to the on -street
parking available on public streets and in the surrounding residential neighborhood.
3. The granting of the conditional use permit would be detrimental to the health and
safety of the citizens of the City of Anaheim due to its size and capacity and location adjacent to a
Very High Fire Hazard Severity Zone. The Proposed Project includes 118 units anticipating 127
elderly residents with assisted living and memory care needs, staffing and third -party caregivers.
In the event of a public safety mandated evacuation, all of the residents, staff and supplies will be
transported to an off-site location via five buses exiting the area concurrently with all other area
residents and emergency responders.
WHEREAS, the City Council, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of the all evidence and reports offered at said
hearing with respect to Conditional Use Permit No. 2019-06048 and Variance No. 2020-05144
does find and determine that that not all of the conditions and criteria set forth in Section 18.42.110
(Parking Variances) of Chapter 18.42 (Parking and Loading) of the Code are present, all of which
are required to be present in order for the City Council to approve Variance No. 2020-05144 and
reduce the number of required on-site parking spaces from 102 to 59; and
WHEREAS, the City Council does hereby find and determine the following:
1. Approval of Variance No. 2020-05144 will cause fewer off-street parking spaces
to be provided for such use than the number of spaces necessary to accommodate the vehicles
attributable to the Proposed Project under the normal and reasonably foreseeable conditions of
operation of such use, which includes 45 staff members working three 8 -hour shifts, third -party
care givers, and visitors.
2. That the variance would increase the demand and competition for parking spaces
upon the public streets in the immediate vicinity of the Property because the proposed number of
parking spaces within the Property are insufficient to accommodate the proposed uses on site
WHEREAS, the 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 negate the
findings made in this Resolution. The 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 by the City Council of the City of Anaheim that
Conditional Use Permit No. 2019-06048, Variance No. 2020-05144 -and Specimen Tree Removal
Permit No. 2021-00001 be, and the same are hereby, denied.
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 1@lay of August , 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz,
Moreno, Valencia, and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
[One City Council vacancy]
CITY OF ANAHEIM
OF THE CITY OF ANAHEIM
A
CITY CL RK OF THE CITY OF ANAHEIM
143232
i
1 W4:111.30 19.1%
DEV2019-00172
•------------- ----- ----------------------------- --------- -- �,---- -
LU
N
O
RH3 (sc} I RH3 (sc) �
SINULEFAMULYRESIDENCE SINGLE FAMULYRESIDENCE 2 $m Q
tj o `yam a
E GATEWOOD LIN 3
I 9 U-�
Lb
K
RH3 (SC) Zr z a H
VW
SINGLE FAMILY RESiN
SIDENCE QE FAMILY RESIDENCE Y OD L14 y
i ' E HONEYWOOD LN O E F10tS£O nT
Q RH3 (SC) O SINGLE FAMILY RESID
SINGLE FAMILY RESIDENCE C
,
RH3 (SC) H
)'INGLE FAMIILY RESIDENCE ;
RH3 (SC)
SINGLE FAMIEYRESIDENCE
RH3 (Sc) RH3 (SC} f
SINGLE FAMULYRESIDENCE pEV 2L1]2�172 E WESTRIDGE RD
i G �iLLs UR
£ RO}tb RH3 (SC)
o SINGLE FAMSILY RESIDENCE a
o c
Z SINGLE FAMILY RESIDENCE O�L �t4C�
T (SC)
SINGLE FAMILY RESIDENCE a
K
,
RH3 (SC) RH3 (SC}
SINGLE FAMULYRESIDENCE SINGLE FAMtRYRESIDFNCE
RH-3 (SG).�
SINGLE FAMILY RESMENCE
' RH3 (SC)
SINGLE FAMILY RESIDENCE
'1I ss
T
9,yOOL q�, AGO ;
�"? RH3 (SC)
0 rn RH3 (SC) SINGLE FAMILY RESIDENCE
n' SINGLE FAMILY RESIDENCE
k
---
Subject Property
DEV No- 2019-00172
15275 East Nohl Ranch Road
APN: 361-291-51
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Resolution No. 2021-079 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 10th day of August, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Moreno, Valencia and O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
[One City Council vacancy]
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of August, 2021.
CITY CLE K OF THE CITY OF ANAHEIM
(SEAL)