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94-243 RESOLUTION NO. 94R-243 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3680. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit to permit a group home for abused children and their mothers upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF LOT 12, OF TRACT 117, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THAT CERTAIN COURSE IN THE NORTHERLY BOUNDARY OF SAID LOT 12, SHOWN ON SAID MAP AS HAVING A LENGTH OF 142.70 FEET, DISTANT THEREON NORTH 73 DEG. 57' 30" WEST, 51.39 FEET FROM THE EASTERLY TERMINUS THEREOF; THENCE ALONG SAID CERTAIN COURSE, NORTH 73 DEG. 57' 30" WEST, 56.89 FEET TO THE INTERSECTION THEREOF WITH THE NORTHEASTERLY CONTINUATION OF THAT CERTAIN 2003.90-FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 12, 1951 IN BOOK 2199, PAGE 600 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY CONTINUATION, FROM A TANGENT BEARING SOUTH 34 DEG. 55' 34" WEST, THROUGH AN ANGEL OF 3 DEG. 38' 16", AN ARC DISTANCE OF 127.23 FEET TO THE INTERSECTION THEREOF WITH THAT CERTAIN COURSE DESCRIBED IN SAID DEED TO THE STATE OF CALIFORNIA AS "NORTH 28 DEG. 51' 54" WEST, A DISTANCE OF 54.06 FEET"; THENCE ALONG SAID COURSE, SOUTH 28 DEG. 51' 54" EAST, 50.36 FEET; THENCE NORTH 86 DEG. 58' 00" EAST, 25.87 FEET; THENCE NORTH 32 DEG. 00'" EAST, 152.70 FEET TO SAID POINT OF BEGINNING; 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, Chapter 18.03 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. PC94-56 granting Conditional Use Permit No. 3680; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consider- ation of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code for the following reasons: (a) said use is proposed to be located on property located in the RS-HS-22,000 Zone of the City of Anaheim (Anaheim Municipal Code Chapter 18.23); (b) said use is not listed as a permitted use in the RS-HS- 22,000 Zone, or any other zone in the City of Anaheim; (c) the only primary use permitted upon property located in said RS-HS-22,000 Zone is one single-family dwelling and its accessory buildings; (d) said use is proposed to be the primary and sole use of said property; (e) said use is not a single-family dwelling use because: (i) Section 18.01.050 defines a single-family (or "one- family") dwelling as a "detached building designed exclusively for occupancy by one family." (ii) Section 18.01.070 defines "family" as "an individual or a collective body of persons living together as a single housekeeping unit in a domestic relationship based upon birth, marriage or other domestic bond of social, economic and psychological commitments to each other as distinguished from a group occupying a boarding house, lodging house, club, fraternity, sorority, hotel, or rehabilitation facility." (iii) individuals proposed to occupy the proposed facility would not constitute a "family" for the following reasons: (1) occupants of the facility would be abused children and their mothers selected from applications received by the owner of the facility (Eli Homes, Inc.) (and a resident facility manager); (2) occupants would be permitted to stay in the facility for only a limited number of days (45); - 2 - (3) occupants would be occupying the facility for the primary purpose of removing themselves from abusive relationships (and possibly obtaining counseling or other therapeutic services) rather than as a voluntary commitment to a domestic relationship with each other; and (f) said use is similar in nature to a boarding house, lodging house, or rehabilitation center all of which are currently permitted by conditional use permit in the RS-HS-22,000 Zone for the following reasons: (i) occupancy of the facility is transitory in nature with each occupant being permitted to occupy the premises for a maximum of 45 days; (ii) the occupants are, or may be, provided with certain counseling or other therapeutic services (either on-site or off-site) while occupying the facility; and (iii) in lieu of payment of rent or other charge, the occupants are required to perform certain domestic duties on the property. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located for the following reasons: (a) the proposed site is located adjacent to a major arterial highway which is not suitable for residential uses similar to the residential uses nearby; and the residential type care facility is a transitional use between the Santa Ana Canyon Road and the surrounding residential properties; (b) the proposed facility is located at the corner of a main arterial highway and the entrance into the surrounding residential neighborhood and the residential type care facility will not adversely affect the use of the surrounding residential properties; (c) the nature of the operation, based on the adopted letter of operation and the imposed restrictions, creates a use that is substantially similar to a residential use; (d) the approved plans of the exterior design of the building creates a structure with an appearance of a single family residence; and (e) the conditions imposed on the operations of the facility limit the amount of traffic to and from the facility, the amount of parking at the facility, and the amount of activity at the facility so that operation of and the appearance of the facility will not interfere with or detract from the surrounding residential neighborhood. 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a - 3 - manner not detrimental to the particular area nor to the peace, health, safety and general welfare for the following reasons: (a) the number of occupants and the programs are limited so that the activity at the facility will be no greater than the activities which could be conducted by surrounding residential uses and full development of the facility will not be detrimental to the area; (b) the number of occupants and the programs are limited so that the occupants will have living space that complies with all housing and building code requirements; and (c) the traffic to and from the facility is restricted so that full development of the facility will not be detrimental to the area. 4. The traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area for the following reasons: (a) the Traffic & Transportation Division of the City's Public Works Department has determined that the amount of traffic to be generated, based on the restrictions imposed, will not overburden the surrounding streets and highways; (b) the number of occupants, programs and trips to and from the facility are limited by the approved letter of operation and the imposed conditions so as to minimize the traffic generated by the proposed use; (c) the proposed site is located immediately adjacent to a main arterial highway; access to the facility from Santa Ana Canyon Road requires travel over residential streets that only pass three other residential parcels, thereby eliminating the necessity for the traffic generated by the facility to use the streets of the surrounding residential neighborhood; (d) the conditions of approval imposed upon this conditional use permit: (i) restrict the number of occupants at the facility so as to restrict vehicle trips to and from the facility; (ii) require the transportation of the occupants through the use of staff operated vehicles or public transportation so as to restrict vehicle trips to and from the facility; (iii) restrict the programs at the facility so as to limit vehicle trips to and from the facility by counselors; and (iv) prohibit visitors to the facility so as to restrict vehicle trips to and from the facility. 5. The granting of the conditional use permit under the conditions imposed will not be detrimental to the peace, health, - 4 - safety and general welfare of the citizens of the City of Anaheim for the following reasons: (a) the conditions of approval impose structural design standards so that the facility has the physical appearance of a single family residence similar to those immediately adjacent to the proposed site; (b) evidence has been submitted that operations of the facility at prior locations has not presented a security risk to the surrounding neighborhoods; no evidence was submitted that the relatives of occupants have located or attempted to appear at the facility at its prior locations to retrieve the occupants either peacefully or otherwise; and the conditions of approval require, as an added precaution, that the location of the occupants and of the home remain confidential in order to maintain the secrecy of the occupants' location; (c) the conditions of approval imposed on this conditional use permit: (i) restrict the number of occupants that may be present at the facility at any point in time; (ii) restrict the number of vehicles that may be parked at the facility to no more than six (6) so as to limit parking requirements; (iii) require all vehicles at the facility to be parked on site within an area enclosed by a six foot high wall; (iv) restrict the amount of staff and volunteers that may be present at any point in time; (v) restrict the amount of programs that may be conducted and the scheduling of the programs at the facility; (vi) restrict the age of the children to under 12 years of age so as to control the type of activities that will take place at the facility; (vii) require landscaped six foot fencing around the perimeter of the property which will help control sound levels on the property caused by the traffic on Santa Ana Canyon Road; said fence will also provide security for the occupants and create an appearance similar to surrounding residential neighborhoods; and (viii) places curfews on outside activities so as to control outside noises. (d) all programs and activities are to take place within the structure or within the enclosed outside play area thereby minimizing noise and interruption of surrounding areas; and (e) the size of the existing nonconforming parcel and the location of the existing site immediately adjacent to a main arterial highway makes the site undesirable for residential uses similar to the surrounding properties; the location of the site adjacent to the existing residential uses makes the property undesirable for commercial, industrial or office use; the use approved by the conditional use permit allows a transitional use which is substantially similar to a residential use and also is permitting a use on a site which could otherwise remain vacant and be a detriment to surrounding areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 3680 be, and the same is hereby, granted permitting a group home for abused children and their mothers on the hereinabove described real property, subject to the following conditions: 1. That subject conditional use permit shall expire one (1) year from the date of occupancy. 2. That the garage shall always remain available for parking purposes, providing a minimum of two (2) enclosed parking spaces. 3. That the occupancy of subject residence shall be limited to a maximum of seven (7) adults, fourteen (14) children up to age twelve (12) years old and one (1) live-in manager. Residents shall be limited to a maximum stay of forty-five (45) days. 4. That any trees planted on-site shall be planted outside the ultimate right-of-way line of Santa Ana Canyon Road, as established by the Circulation Element of the Anaheim General Plan. 5. That the residents (other than the resident manager) shall not use, park or store their cars on subject property while residing at subject facility. 6. That there shall be no off-site parking allowed at the subject facility. 7. That there shall be no identification signs of any type permitted for the residence (other than the street address). 8. That a six (6) foot 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 children to prevent any child from entering the parking area or leaving the premises without adult supervision. 9. That a fence plan including the exact fence location shall be submitted to the City Traffic and Transportation Manager for his review and approval to verify conformance with Engineering Standard No. 137 pertaining to sight distance visibility. 10. That the plumbing shall be connected to the existing sanitary sewer in Canyon Crest Drive. A right-of-way construction permit shall be obtained from the Public Works Department and a plumbing permit shall first be obtained from the Building Division. 11. That the appropriate City sewer assessment fees shall be paid in an amount as established by City Council resolution. 12. That the appropriate drainage assessment fees shall be paid in an amount as established by city Council resolution. 13. That prior to construction of the proposed block wall, an encroachment permit (for the portion of the wall extending into the Santa Ana Canyon Road right-of-way) shall be obtained from the Public Works Department. In the event the encroachment permit is denied, the wall shall be constructed at the right-of- way line. 14. That the cost of any Code Enforcement inspections resulting from a complaint shall be borne by the operator/property owner. Said fee shall only apply in the event that Code violations actually exist. 15. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 1, Exhibit Nos. 1 through 3. 16. That resident transportation to or from the facility, including admission and discharge from the facility, and all personal needs of the residents shall be provided for the residents of subject facility by the staff through the use of staff or volunteer-operated private vehicles or public transportation. Transportation needs of residents shall be scheduled so that there shall be no more than four (4) round trips per day to and from the facility. 17. That security for the facility shall be provided if deemed necessary by the Anaheim Police Department. 18. That the children at the facility shall not be permitted to play outdoors or be involved in outside play activities after 7:30 P.M. 19. That there shall be no visitors permitted to residents other than by counselors, educators and operators of the facility. 20. That there shall be no more than four (4) counseling or education sessions per day 'that are conducted or attended by individuals that are not on staff of the facility. 21. That all meetings, counseling or education sessions, deliveries, transportation needs of residents, and site visits by staff shall be scheduled so that at no point in time shall there be more than six (6) vehicles parked at the subject property. - 7 - 22. That the children staying at the subject facility shall be supervised by an adult at all times, whether indoors or outdoors. 23. That grading of subject property shall conform to Chapter 17.06 "Grading, Excavations and Fills in Hillside Area" of the Anaheim Municipal Code. 24. That the existing structure shall comply with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 25. That prior to the issuance of a building permit, or prior to commencement of the activity authorized by this Resolution, or within a period of one (1) year from the date of this Resolution, whichever occurs first, the legal property owner shall record a written agreement guaranteeing access over or upon that portion of the adjoining private property located east of the subject property for purposes of ingress, egress and on- site parking as indicated on Revision No. 1, Exhibit No. 1. Such agreement shall be submitted for review and approval by the City's Traffic and Transportation Manager and City Attorney prior to recordation. A copy of the recorded agreement shall be submitted to the Planning Department. 26. That the subject facility shall operate in strict conformance with all of the provisions of the Letter of Operation date stamped and received by the Zoning Division on March 30, 1994, which documents are on file in the Planning Department. 27. That a plan illustrating the proposed slump block wall (including clinging vines), enhanced landscape treatment along the wall, and irrigation shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendation item. Said wall, landscape and irrigation improvements shall be permanently maintained by the property owner. 28. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 9, 11, 12, 14, 23, and 27, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 29. That prior to final building and zoning inspections, Condition Nos. 8, 10, 15, and 24. above-mentioned, shall be complied with. 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of September, 1994. MAYOO~~F~THE CI'O~ ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 8958.1\J%4HITE\October 3, 1994 -- 9 - 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. 94R-243 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 27th day of September, 1994, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Hunter, Duly NOES: COUNCIL MEMBERS: Feldhaus ABSENT: COUNCIL MEMBERS: Simpson AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-243 on the 28th day of September, 1994. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of September, 1994. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 94R-243 was duly passed and adopted by the City Council of the City of Anaheim on September 27, 1994. CITY CLERK OF THE CITY OF ANAHEIM