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Resolution-PC 96-117~ ~ RESOLUTION N0. PC96-117 A RESOLUTION OF THE ANAHEIM CITY PIANNING COMPdISSION AMENDIN3 CERTAIN ~.ONDITIONS OF APPROVAL OF RESOLUTIOCONDITIONAL USE PERMIT NO 3680 ION WITH WHEREAS, on September 27,1994~ the Ciry Council adopted Resolution No. 94R-243 grantlng Conditional Use Permtt No. 3680 to perrnit a group heme for abused chitdren and their mothers at 100 South Canyon Crest DrNe; and WHEREAS, said Resolution No. 94R-243 includes the foilowing conditions: •3, That the occupancy of subject residence shall be Umfted to a maximum of seven (7) adults, fourieen (14) children up to the age of twelve (12) years old and one (1) INe-in mana9er. Residents shall be limite.~l to a maxlmum stay of forty-fNe (45) days. g, That a six (6) high wrought iron or other decorative-type fence shall be instailed to completely enclose any outdoor recreational leisure and play yard areas which are accessible to preveM any child from entering the p~rl<ing area or leaving the premises wfthout aduit supervision. ~g, That the children at this fac(lity shall not be permitted to play outdoors or be involved in outside play activit(es after 7:30 P.M. ~. That the children staying at the subject faciliry shall be supervised by an adult aE all times, whether indoors of oucdoors." WHEREAS, on or abouc June 23, 1995, the City of Anaheim received notice from the Unfted States Department of Housing and Urban Development (HUD) that n~ n dliscriminabory hou~sing practi es the Ciry was in violation of the Federal Fair Housing Law by engag 9 roval im osed for Condftional Use tuward children re~ating to famllfal status based on the conditions of app p permit No. 3680; and WHEREAS, on September 16,1996, the Planning Commission, by motion, set Conditlonal Use Pe; mit No. 3680 for pubUc hearing in accordance with Sectiinns certain conditions o~ aFpo a~ tWh ch HUQ Municipal Code, to consider adding, deleting or modify g perceNes~r actNit eis by chiidren ~ andfenc ing requiremencs re ating to hild en.~ncy by children, indoor and outd WHEREAS, the City Planning Commission did hold a public hearing at the CNic Center in the City of Anahefm on November 13, 1996, at 1:30 p.m., notice of sald publfc hearing having been d!ef 8N~ as required by law and in accordance with the provisions of the Anah2lm Municipal Code~ ChaP to hear and recommendatlons in connec9oin th eiw hr~and~ amendment and to investigate and rr~ake flndings and WHEREAS, said Commission, after due inspection, investigation and study made by ftself and in fts behzlf, and after due consideration of ali evidence and reports offered at said hearing, does find arx! determine the foliowing facts: ~. That amending the conditions of approval, as contained herein, is reasonably necessary to pPOtect thereaso~nable operaiion o~the condi~tionalause~permftfas g an~ted based on he fol owhng reasons: pennft the (a) The prevtously-approved graup home for abused children and their mothers is simUar in nature to a boarding house, lodging house, or rehabii'~tatlon center; P~~» -1- CR2776DM.WP ~ ~ (b) ThA present la he lane ua~a~p ceivied byf~UDrto be child-centered may avoid furthernenfor emen eUmination of t 9 action; (~) The proposed modiflcation balances the rights of the community wRh the ~ights of the property owner by Re'~~~~9 neeal welfare of he cftize sf of he City aIf Mahe m gand protecting the peace, health, safety and ge (d) The mod~ied conditions of approval, as proposed, are more reasonably amenable to enforcement by the Cfcy of Anahefm. p. That seven people indicated their presence at said public hearing in opposftion; and that no coRespondence was ~eceNed in opposition to the subject petition. 3, Tt~at one person spoke in favor of subject faciiity• ALIF RNIA ENVIRONMEMAL QUALITY ACT FINDING: That the Maheim City Planning Commission has rectionw dheConditional l~se Permit No.~3680 is adequatetto erve as~the required approved in conne roved NegatNe environmental ao eme^i of~ he le d agenicy and that ft hassco sideredi che prevhously app jon rafleccs t e independen j g Declaratio f the inftial study and any comments~ received hat there iscno subs ential evidence tt-3t he proJect the basis o will have a signiflcant effect on the environment. NOW THEPEFORE BE ITaR~oSOaVn~onnecUonAwitheCo. ditional Uce Permft NoSi3680~as hereby amend Resolution No. 94R-243~ P folloWS: (a) Tha' Condition Nos. 3, 8 and 22 shall be amended to read as follows: '3. That occupancy ~i tha structure shall be 11mlted to twenty two (22) persons, (ncluding one (1) I(ve-in manager. g, That a sk (fi) foot high wrought iron or other decorative-type fenae shall be installed to provide a physi~al separatfon between the outdoor recreationJleisure/play area and the on-sfte parking area. 22, That the facil~ty shall be adequately supervised at all times.' (bj Tt~at Condition No. 18 shall be deleted In fts entirety. at the Planning Commission mePting of THE FOREGOING RESOLUTION was adop ~ November 13, 1996• ~ ~_ CHHIRMAN, ANAHEI CITY PIANNING COMMISSION ATTEST: , , SECRETARY, ANAHEIM CITY PLANNING COMMISSION PCg6-117 _2_ ~ ; STATE OF CAUFORNIA ) COUNTY OF ORANGE ) ss. CIS'Y OF ANAHEIM ) I, Edith Harris, Secretary of the Anaheim Ciry Planning Commission, do hereby certffy that the foregoing resolution was Pathefollowin ~vote of the members the eof: eim Ciry Planning Commission hetd on November 13, 1996, by 9 AYES: COMMISSIOR7ERS: BOSTWICK BOY~STUN, BRISTOL, HENNINGER, MAYER, MESSE, PERA71~ NO~S: CCMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS ~NHERE~F, I havo hereunto set my hand thts~ day oi _,~~~ 9996. . ~ SECRETARY, ANAHEIM CITY LANNING COMMISSION -3- PC96-117