RES-2021-100RESOLUTION NO. 2021-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM
DENYING CONDITIONAL USE PERMIT NO. 2021-06106, AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH
(DEV2021-00122)
(626 NORTH WEST STREET & 945 WEST PIONEER DRIVE)
WHEREAS, the Planning Commission of the City of Anaheim (the "Planning Commission") did receive a
verified petition for Conditional Use Permit No. 2021-06106 to permit transitional housing for 21 participants (20 beds
plus 1 house lead) within a single-family residence (herein referred to as the "Proposed Project") on that certain real
property generally located at 626 North West Street and 945 West Pioneer Drive 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 0.66 acres in size and is currently developed with a two-story
single-family family home with a three -car garage. The Property is located in the "RS-1" Single -Family Residential
zone, and is, therefore, subject to the zoning and development standards described in Chapters 18.04 (Single -Family
Residential Zones). The Land Use Element of the Anaheim General Plan designates the Property for Low Density
Residential land uses; and .
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim
on August 30, 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, 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 with respect to the request to
permit the Proposed Project on the Property, the Planning Commission adopted Resolution No.-PC2021-030 denying
Conditional Use Permit No, 2021-06106; and
WHEREAS, on September 9, 2021, and within the time prescribed by Section 18.60.130 of the Anaheim
Municipal Code, an appeal of the Planning Commission's action was filed by Je'net Kreitner on behalf of
Grandma's House of Hope (the "Appellant"); 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, prior to the City Council hearing, the Appellant provided a revised application which reduced the
total number of participants to 15 plus 1 Community Leader/House Manager and clarified emergency procedures; and
WHEREAS, the City Council did hold a public hearing at the Civic Center in the City of Anaheim on October
26, 2021 at 5:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with
the provisions of Chapter 18.60 of the Code, 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
pursuant to the appeal provisions set forth in Chapter 18.60 of the Code; 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 all evidence and reports offered at said hearing with respect
to Conditional Use Permit No. 2021-06106, does find and determine the following facts:
1. The Proposed Project would adversely impact the adjoining single-family land uses and the growth
and development of the area in which it is located due to the magnitude of the Proposed Project, which includes
sixteen (16) participants attended to on a daily basis by the Applicant's employees in addition to individual case
managers and counselors providing training and job search assistance on the Property. Specifically, the Property is
located at the intersection of a collector street (West Street) and a local residential street (Pioneer Street) and in
close proximity to high pedestrian and traffic uses including a public high school (700 feet), two elementary schools
(less than 2200 feet), and, the Property is also less than half mile of two. public parks. The residents, employees of
the Applicant, case managers, counselors, trainers, maintenance vehicles and deliveries to and from the Property
will ingress and egress, the Property on foot, via vehicles, and use shared bus and vehicle ride services, which will
adversely impact the circulation of pedestrian and vehicular traffic in the vicinity of the Property, and, thereby the
public health and safety. There is no feasible way to avoid this impact based on the Applicant's proposal and the
terms under which the Applicant proposes to operate this Proposed Project.
2. The granting of the conditional use permit under the conditions imposed will be detrimental to the
health and safety of the citizens of the City of Anaheim because the Proposed Project will adversely impact the
existing infrastructure related to the public sewer and water facilities. Specifically, the demand of the Proposed
Project is in excess of the capacity estimated to be accommodated by the City's existing sewer and water
infrastructure. There is no feasible way to avoid this impact based on the Applicant's proposal and the terms under
which the Applicant proposes to operate this Proposed Project, which is to house sixteen (16) participants.
I The granting of the conditional use permit under the conditions imposed will be detrimental to the health
and safety of the citizens of the City of Anaheim because participants will be without care or supervision during
the overnight hours. There is no feasible way to avoid this adverse impact to the public health and safety based on
the Applicant's proposal and the terms under which the Applicant proposes to operate the Proposed Project;
specifically, there is no person other than participants onsite during the overnight hours.
4. Not all of the findings required by Anaheim Municipal Code Section 18.66.060, all of which are required
in order to approve Conditional Use Permit No. 2021-06106A, can be made because the number of quasi -residential
uses established and located within 2,000 feet of the Project site, in conjunction with the operational details of the
Proposed Project, will adversely affect the adjoining land uses and be detrimental to the health and safety of the
citizens of Anaheim; and
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 that the City Council does hereby deny Conditional Use Permit No.
2021-06106 based on the following findings:
1. The Proposed Project would adversely impact the adjoining single-family land uses and the growth
and development of the area in which it is located due to the magnitude of the Proposed Project, which includes
sixteen (16) participants attended to on a daily basis by the Applicant's employees in addition to individual case
managers and counselors providing training and job search assistance on the Property. Specifically, the Property is
located at the intersection of a collector street (West Street) and a local residential street (Pioneer Street) and in
close proximity to high pedestrian and traffic uses including a public high school (700 feet), two elementary schools
(less than 2200 feet), and, the Property is also less than half mile of two public parks. The residents, employees of
the Applicant, case managers, counselors, trainers, maintenance vehicles and deliveries to and from the Property
will ingress and egress the Property on foot, via vehicles, and use shared bus and vehicle ride services, which will
adversely impact the circulation of pedestrian and vehicular traffic in the vicinity of the Property, and, thereby the
public health and safety There is no feasible way to avoid this impact based on the Applicant's proposal and the
terms under which the Applicant proposes to operate this Proposed Project.
2. The granting of the conditional use permit under the conditions imposed will be detrimental to the
health and safety of the citizens of the City of Anaheim because the Proposed Project will adversely impact the
existing infrastructure related to the public sewer and water facilities. Specifically, the demand of the Proposed
Project is in excess of the capacity estimated to be accommodated by the City's existing sewer and water
infrastructure. There is no feasible way to avoid this impact based on the Applicant's proposal and the terms under
which the Applicant proposes to operate this Proposed Project, which is to house sixteen (16) participants.
3. The granting of the conditional use permit under the conditions imposed will be detrimental to the health
and safety of the citizens of the City of Anaheim because participants will be without care or supervision during the
overnight hours. There is no feasible way to avoid this adverse impact to the public health and safety based on the
Applicant's proposal and the terms under which the Applicant proposes to operate the Proposed Project;
specifically, there is no person other than participants onsite during the overnight hours.
4. Not all of the findings required by Anaheim Municipal Code Section 18.66.060, all of which are required
in order to approve Conditional Use Permit No. 2021-06106A, can be made because the number of quasi -residential
uses established and located within 2,000 feet of the Project site, in conjunction with the operational details of the
Proposed Project, will adversely affect the adjoining land uses and be detrimental to the health and safety of the
citizens of Anaheim; and
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 26"' day of October, 2021, by the following roll call vote:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia and O'Neil
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST -
CITY CLEi K OF THE CITY OF
144065
ANAHEIM
CITY1 Ol- ANAHEIM
F ANAHEIM
EXHIBIT "A"
DEV NO.2021-001.22
APN: 255-101-12
255-101-13
W PARK AVE
W WESTMONT DR
V4 VIC'"_
a sa ioa Source: Recorded Tract Maps and/or City GIS.
�® Please note the accuracy is +/- two to five feet.
Fa:�K
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. 2021-100 adopted at a regular meeting provided by law, of the Anaheim
City Council held on the 26th day of October, 2021 by the following vote of the members thereof:
AYES: Mayor Sidhu and Council Members Faessel, Diaz, Ma'ae, Moreno, Valencia and
O'Neil
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of November, 2021.
CITY CLE K OF THE CITY OF ANAHEIM
(SEAL)