2004-191RESOLUTION NO. 2004-191
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NO. 2004-04854.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit to permit a Group Care Facility (as defined in Section
18.36.040.070 of the Anaheim Municipal Code) for up to thirteen (13) residents recovering from
chemical dependency on certain real property situated in the City of Anaheim, County of Orange,
State of Califomia, described as:
THE PROPERTY IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: LOT 57,
OF TRACT 1781, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED
IN BOOK 55, PAGES 33 AND 34, INCLUSIVE, OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA; and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly given
as required by law and the provisions of Title 18, of the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, investigation and studies made
by itself and in its behalf and after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2004-66 granting Conditional Use Permit No. 2004-04854;
and
WHEREAS, thereafter, within the time prescribed by law, one or more interested
parties caused the review of said Planning Commission action at a duly noticed public hearing before
the City Council; and
WHEREAS, the filing of a timely appeal to the City Council vacates the decision
made by the City Planning Commission; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
hold and conduct such public hearing and did give all persons interested therein an opportunity to
be heard and did receive evidence and reports, including testimony and evidence presented by
neighbors that had not been submitted to the City Planning Commission at the time of its hearing
upon said application, and did consider the same; and
WHEREAS, the City Council does find, after careful consideration of all evidence
and reports submitted to the City Planning Commission and the action taken by said Commission,
and all evidence and reports offered at said public hearing before the City Council, that all of the
conditions and criteria set forth in Section 18.66.060 (formerly 18.03.030.030) of the Anaheim
Municipal Code required for the approval of said conditional use permit are not present for the
following reasons:
1. That the proposed use (a Group Care Facility for up to thirteen adult residents
recovering from chemical dependency) is properly one for which a conditional use permit is
authorized by the Anaheim Municipal Code based upon the following facts:
(a) The property upon which the use is proposed is located in the "RS-2" Single-
Family Residential Zone of the City (formerly designated the "RS-7,200" Zone) which authorizes
single-family dwellings and Residential Care Facilities (for six or fewer persons) as the primary
permitted uses of property in such zone;
(b) The proposed use does not constitute an expressly permitted single-family use
of the subject property because the residents of said facility, as proposed, would not constitute a
"family" as defined in Section 18.92.090 (formerly 18.01.070) of the Anaheim Municipal Code;
(c) The existing facility operated by the applicant on the subject property is
licensed by the State of California Department of Alcohol and Drug Programs as a Residential Care
Facility (for six or fewer persons) for the housing and treatment of persons recovering from chemical
dependency (alcohol or drugs) as provided pursuant to Health & Safety Code Section 11834, which
facility constitutes an expressly authorized permitted use of such property;
(d) The applicant desires to expand said use to accommodate up to thirteen adult
persons in exchange for money or other consideration, with the duration of tenancy of such persons
in the facility determined, in whole or part, by the individual resident's participation in group or
individual activities such as counseling, recovery planning, or medical or therapeutic assistance; and
(e) The use, as proposed, would constitute a "Group Care Facility" within the
meaning of Section 18.36.040.070 (formerly 18.04.160.030) of the Anaheim Municipal Code for
which a conditional use permit is properly authorized and required pursuant to Section 18.04.030
(Table 4-A) of the Anaheim Municipal Code.
2. That the applicant failed to demonstrate at the public hearing that the proposed use
will not adversely affect the adjoining land uses or the growth and development of the area in which
it is proposed to be located based upon substantial evidence submitted by the numerous residents in
the immediate area as follows:
(a) Numerous instances of refuse and debris generated by the existing use and
deposited on adjoining properties or in the public alleys abutting such residences;
(b) Residents or visitors to the facility illegally parking vehicles in the alley
behind the property at 1610 Brookhurst and parking vehicles in a manner as to block driveway access
to adjoining properties;
(c) Visitors to the facility mistakenly going to adjoining properties looking for
the existing use at 1610 Brookhurst and in some instances entering into the enclosed rear yard of an
abutting property while looking for the existing use;
(d) Residents to the facility attempting to solicit money or a ride from an adult
female while she was attempting to drive away from her neighboring residence with her minor
daughter in the car;
(e) Residents to the facility observed, on more than one occasion, urinating in the
public alley abutting the existing use; the behavior having been witnessed by several adult females
and on one occasion by a teenage girl;
(f) Residents or visitors to the facility observed drinking alcoholic beverages in
the public alley abutting the existing use; and
(g) Residents or visitors to the facility observed arguing and fighting in areas
surrounding the existing use which are open to public view.
3. That approval of this conditional use permit is not required pursuant to the Fair
Housing Amendments Act (42 USC § 4604 [f][3][B]), the Califomia Fair Employment and Housing
Act (California Government Code § 12900 et seq.), or any other applicable provision of federal or
state law, as a "reasonable accommodation" necessary to afford persons with disability (i.e. persons
recovering from chemical dependency) with equal housing opportunities within the City of Anaheim
for the following reasons:
(a) The City of Anaheim has previously approved at least two conditional use permits
for similar Group Care Facilities in the vicinity of the proposed use which facilities are owned and
operated by this applicant, which facilities were approved for a total of not less than 48 persons
recovering from chemical dependency, which facilities are currently operating at significantly less
than full capacity, and which facilities are currently available to provide residential housing
opportunities to handicapped persons recovering from chemical dependency;
(b) The requirement of a conditional use permit for the proposed use does not
discriminate against persons with a handicap (i.e. recovering from chemical dependency) in seeking
residential housing in that such use is treated the same as other congregate living facilities (such as
boarding houses) not constituting a single-family use;
(c) Residential Care Facilities for six or fewer persons (including residential facilities for
persons recovering from chemical dependency), as required by law, are actually given preferential
treatment to other forms of congregate living facilities in that such Residential Care Facilities are
expressly permitted residential uses in all residential zones of the City for which no conditional use
permit is required; and
(d) Denial of this conditional use permit does not discriminate against persons recovering
from chemical dependency or otherwise treat such persons differently from any other group of
persons living together in that congregate living is an expressly permitted use in any single-family
zone of the City to the extent such use conforms to the definition ora "family" as set forth in Section
18.92.090 of the Anaheim Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that, for the reasons hereinabove specified, the request of said applicant to permit a Group
Care Facility for up to thirteen (13) residents recovering from chemical dependency on the
hereinabove described real property be, and the same is hereby, denied.
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 the provisions of
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 24th day of August, 2004, by the following roll call vote:
AYES:
NOES:
Mayor Pringle, Council Members McCracken, Hernandez, Tait
~ouncil Member Chavez
ABSENT: None
ABSTAIN: None
CITY ~NAHEIM ~
By~
OF ANAHEIM
~"~FY'"-CLEI~K OF THE ~3J~ ANAHEIM
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