97-001"3.
RESOLUTION NO. 97R -1
A RESOLUTION OF THE ANAHEIM CITY COUNCIL
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 94R -243 ADOPTED IN CONNECTION
WITH CONDITIONAL USE PERMIT NO. 3680
WHEREAS, on September 27, 1994, the City Council adopted
Resolution No. 94R -243 granting Conditional Use Permit No. 3680
to permit a group home for abused children and their mothers at
100 South Canyon Crest Drive; and
WHEREAS, said Resolution No. 94R -243 includes the
following conditions:
That the occupancy of subject residence shall be
limited to a maximum of seven (7) adults, fourteen
(14) children up to the age of twelve (12) years
old and one (1) live -in manager. Residents shall
be limited to a maximum stay of forty -five (45)
days.
8. That a six (6) high wrought iron or other decorative -type
fence shall be installed to completely enclose any
outdoor recreational leisure and play yard areas which
are accessible to prevent any child from entering the
parking area or leaving the premises without adult
supervision.
18. That the children at this facility shall not be
permitted to play outdoors or be involved in
outside play activities after 7:30 P.M.
22. That the children staying at the subject facility
shall be supervised by an adult at all times,
whether indoors of outdoors."
WHEREAS, on or about June 23, 1995, the City of Anaheim
received notice from the United States Department of Housing and
Urban Development (HUD) that a complaint had been filed alleging
that the City was in violation of the Federal Fair Housing Law by
engaging in discriminatory housing practices toward children
relating to familial status based on the conditions of approval
imposed for Conditional Use Permit No. 3680; and
WHEREAS, on September 16, 1996, the Planning Commission,
by motion, set Conditional Use Permit No. 3680 for public hearing
in accordance with Sections 18.03.091 and 18.03.092.060 of the
Anaheim Municipal Code, to consider adding, deleting or modifying
certain conditions of approval which HUD perceives as being
discriminatory, including, but not limited to, limitations on
occupancy by children, indoor and outdoor activities by children,
and fencing requirements relating to children; and
WHEREAS, the Planning Commission did hold a duly noticed
public hearing upon said proposed amendments to the conditions of
approval of Conditional Use Permit No. 3680 and, following said
hearing, did approve said proposed amendments by the adoption of
its Resolution No. PC96 -117 on November 13, 1996; and
WHEREAS, said Planning Commission decision was appealed
to the City Council by an interested property owner in accordance
with the procedure provided by law; and
WHEREAS, on January 7, 1997, the City Council did hold a
public hearing at the Civic Center in the City of Anaheim 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, the City Council, 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, does find and determine that amending the
conditions of approval, as contained herein, is reasonably
necessary to protect the public peace, health, safety and general
welfare of the citizens of the City of Anaheim, or to permit the
reasonable operation of the conditional use permit as granted
based on the following reasons:
(a) The previously- approved group home for abused children and
their mothers is similar in nature to a boarding house,
lodging house, or rehabilitation center;
(b) The present language of the conditions of approval may be,
or may be perceived as being, discriminatory against the
presence of children at the facility, and elimination of
the language is reasonably necessary to avoid any dispute
as to whether said conditions conform to the requirements
of law;
(c) The proposed modification balances the rights of the
community with the rights of the property owner by
permitting the reasonable operation of the use while
preserving and protecting the peace, health, safety and
general welfare of the citizens of the City of Anaheim;
and
(d) The modified conditions of approval, as proposed, are more
reasonably amenable to enforcement by the City of Anaheim.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim City Council has reviewed the proposal and does hereby
find that the Negative Declaration previously approved in
connection with Conditional Use Permit No. 3680 is adequate to
serve as the required environmental documentation in connection
with this request upon finding that the declaration reflects the
independent judgement of the lead agency and that it has
considered the previously approved Negative Declaration together
with any comments received during the public review process and
further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the
project will have a significant effect on the environment.
NOW THEREFORE BE IT RESOLVED that the Anaheim City
Council does hereby amend Resolution No. 94R -243, adopted in
connection with Conditional Use Permit No. 3680, as follows:
(a) That Condition Nos. 3, 8 and 22 shall be amended to read
as follows:
ATTEST
"3.
That occupancy of the structure shall be limited
to twenty two (22) persons, including one (1)
live -in manager.
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
recreation /leisure /play area and the on -site
parking area.
22. That the facility shall be adequately supervised
at all times."
(b) That Condition No. 18 shall be deleted in its entirety.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 7th day of January,
1997.
CITY CLERK OF THE CITY OF ANAHEIM
0021621.01
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MAYOR OF THE ITY OF A p HEIM
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. 97R -1 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 7th day of January, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -1 on the 7th day of January, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 7th day of January, 1997.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -1 was duly passed and adopted by the City Council of the
City of Anaheim on January 7th, 1997.
CITY CLERK OF THE CITY OF ANAHEIM