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Minutes-PC 1994/05/16 (2)~` ~^G~~x,a~ ~5' o~ ~ ~~~_ G ATTACHMENT "A' TO PLANNING COMMISSION AGENDA DATED 5/16/94 THE ELI HOME, INC. ITEM N0. ': VARIANCE N0.4250 AND ITEM N0.6: CONDITIONAL USE PERMIT N0. 3680 ,.k "r~. 5a. r`EOA NEGATIVE DECLARATION I Withdrawn 5b. VARIANCE NO 4250 OWNER: EMC MORTGAGE CORPORATION, 511 E. John Carpenter Fwy., Irving, Texas 75062 AGENT: THE ElJ HOME, INC., 140 S. Imperial Hwy., Anaheim, CA 92804; JEFFREY FARANO, 2100 S. State College Elvd., Anaheim, CA 92806 LOCATION: 100 S. Cenvon Crest Drive. Property Is approximately 0.22 acre located on the southeast comer of Santa Ana Canyon Road and Canyon Crest. Waiver of maximum structural height within the Scenic Corridor Overlay Zone to convert an existing barn to a habitable single-family residential structure. VARIANCE RESOLUTION N0. FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. OPPOSITION: Several people were present and asked why it was decided this hearing is not necessary. Commissioner Boydstun explained the waiver was advertised for a public hearing before Staff and Commission were sure that there vrere building permits; but research revealed that theta are building permits, so there is no need for the waiver. It was explained the permits were Issued legally before that property was annexed to the City of Anaheim. Julie King, Building Division Manager, clarified that staff s research did show that permits were on file from the County, making that a legal structure within the City of Anaheim, as a result of the annexation In the eady 1980's. It was noted the present structure is 28'9" high and that ft will not be expanded in height. Commissioner Messe stated technically a variance is not needed because the County permitted that building at 28'9' before annexation and that the applicant has withdrawn that request. He added some of the concerns will be addressed during the public hearing on Item No. 6. ACTION: Commissioner Messe offered a motion, seconded by Commissioner Henninger and MOTION CARRIED (Commissioner Mayer absent) that the Anaheim City Planning Commission does hereby accept the request to withdraw application for Variance No. 4250. VOTE: 6-0 (Commissioner Mayer absent) 5-16-94 Page 1 ,J ~ -. '.'~ i , 6a. CEOA NEGATIVE DECLARATION Approved 6b. CONDiTIONAL USE PERMIT N0.3680 Granted for 1 year OWNER: EMC MORTGAGE CORP., Attn: Sheri Wilson, 511 E. John Carpenter Fwy., Irving, TX 75062 AGENT: THE ELI HOME, INC., 140 S. Imperial Hwy., Anaheim, CA 92804; JEFFREY FARANO, 2100 S. State College Blvd., Anaheim, CA 92806 LOCATION: 100 S. Canvon Crest Drive. Property is approximately 0.22 acres located at the southeast corner of Santa Ana Canyon Road and Canyon Crest Drive. To permit a group home for abused women and their children. CONDITIONAL USE PERMIT RESOLUTION N0. PC9456 FOLLOWING IS A SUMMARY OF THE PLANNING COMMISSION ACTION. IN FAVOR: 4 people spoke in favor OPPOSITION: Approximately 25 people spoke In opposition and correspondence and petftions were received. Jeff Farano, Attorney, 2100 South State College, Anaheim, explained EII Home Is an organization which takes care of abused children and their mothers and the staff report is wrong in that ft states ft is a home for abused mothers. The EII Home has been in operation for 10 years; that ft Is a temporary stay for children who are referred there by other agencies for a confldentfal stay and they get counseling. The existing structure is vacant and is abandoned and run down. This will be an Improvement to the area and a benefit to the EII Home. Structurally the home will remain the same wfth improvements bekig made to the inside and outside. He explained EIl Home operates mainly with volunteers and donations and several volunteers are present to support this application. They did meet with the neighbors and he thought they can answer most of their concerns; that ft would not be any different wfth regard to noise than any other single family home; that the rules are strictly enforced and they have not had a history of any problems; and that the existing home in Orange has not had any complaints. He stated one change not shown on the plan is a Iftfle expansion of the parking .irea and Involves a cement driveway north of garage and a neighbor who owns that property has Indicated he will lease that remaining portion of the cement driveway to the EII Home to satisfy any conditions and thought that would answer any concems about backing out of the parking spaces. Lori Galloway, Executive Director, EII Homes, 270 S. Solomon, Anaheim, presented several slides and made the following comments: 5-16-94 Page 2 `` a) she has been an Anaheim resident for 22 years; `'~ ~. b) for the past 11 years, the EII Home has focused on child abuse prevention and abused is l children and their mothers a•:, sheltered Ina 45-day program offering therapy, parenting ~g classes, self-esteem program., and vocational imaging; ;F c) a slide was shown of a counseling session; d) EIf Home has been located in the Orange Hills area of Orange for the last a years, e) extension homes which provide longer term assistance (6 to 9 months) are located in Orange and Huntingfon Beach; f) a slide was shown of a thrift store located in Orange for the past 5 years v:hich provides revenue to the EII Home; g) families are referred by Orange County Social Services, Child Protective Services and private agencies; h) the criteria Is that children 12 years or younger are from an abusive or neglect situation; 1 i) mothers must demonstrate, by attitude, a spirit of cooperation by wanting to better the ~ situation, as well as themselves; J) potential residents are carefully screened and interviewed by EII Home administrative staff prior ~ to admittance to determine willingness to participate in Elf's comprehensive programs and to determine feasibility of positive change in their Iite; k) clients found to have any chemical dependencies are not admitted and are then referred to other more appropriate agencies; I) children and mothers represent all socif-, economic, and racial backgrounds; m) 24-hour facility coverage Is provided by house managers who have a college degree in social services, child development, or psychology; n) professional therepy is provided by or under direct supervision of a licensed clinical psychologist or licensed clinical therapist; o) an example of counseling a 12-year old abused boy was given, of volunteers were recognized. Mr. Farano explained a totter of operation was submitted with the application and it Included the rules which EIi Home has in place and which are enforced; that they have been able to operate in the other locations in a quiet, secret, confidential manner through the enforcement of the rules; and that the use Integrates very well with adJoining neighbors. Klm White, 1210 Bixby, Orange, Senior House Manager, educational background In child development and social sciences, stated she has beon with EIi Homes since 1989 and is responsible for operation of the home; that they have 24-hour supervision, one live-in house manager and three a-hour shifts are divided between the second house manager, as well as the counseling staff; they have a clinical psychologist, amarriage/family counselor and social workers who work together to form their client's treatment program; they use the Internship program of the local universities; they have group and individual counseling sessions with both mothers and children; they otter postive re-enforcement and self-esteem classes for both children and mothers; body rights classes for the children; assertion training; a vocational imaging program which helps mothers team vocational protocol and any type business-related activities to help them get back Into the job force; STEP (Systematic Training for Effective Parenting) classes, which teaches healthy alternative parenting skills. Ms. Whte stated due to the nature of the home, many rules and guidelines need to be enforced at all times and some are: 1. No visitors at any time at the EIi Home 2. Under no circumstances are clients to give out the location of the home, or contact the perpetrator in anyway, even by telephone, during their stay at the EII Home. ~ 3. If confidentiality Is broken, the client is then asked to Leave, and immediate efforts are made to I 5-16-94 Page 3 A ;e find other locatlonc for them and they ~ e relocated at that time. P 4. Due to confidentiality of the home, clients are requested to leave their vehicle wfth family or friends. 5. No parking on site or near the sfte S. Transportation will be arranged through the offsfte office ff they need to participate in any activity offsffe 7. Due to comprehensive program, clients have very little time to participate in anything else. 8. They have counseling or programs from morning until late afternoon. 9. 7:30 p.m. curfew 10. No outside play after 7:30 p.m. 11. Outside play is confined to backyard only. 12. No children allowed in front yard or street at anytime. 13. Mothers are to supervise children at all times. 14. If clients need to leave EII Home to take care of any personal business, they are to call an offsite office and make arrangements wfth house managers, and arrangements will be made far their transportation at that time. 15. Daliy chores are gNen to each mother and they are responsibie for those chores before a!I classes begin in the morning. 16. Upon completion of the program, an exiting interview will be given and all follow up Information will be submitted at that time and transportation and arrangements will be made offsffe for either another facility fcr them to go to or they will obtain their own housing. 17. Failure tc observe any of these rules will result in receipt of a "conduct slip (or `C slip" and after receiving three (3) "C' slips, client will be dismissed from the program and arrangements for their departure will be made through the office. 18. All house managers are responsible for enforcement of these rules. Mr. Farano stated the home is going to need substantia~ upgrades to bdng ft up to the quality desired A `bird nest" has been added to the top of the structure and that might have added to the 34-foot height, but could be eliminated. Mr. Hastings asked for clarification of a "bird's nest". Allen Hibbs, Archftect, 21400 Yorba Linda, stated it is made of ornamental Iron, characteristic of a Cape Cod housa and is not a structure and he thought k meets the requirements of the zone. Mr. Hastings responded that is not a permitted encroachment in A,~aheim Hills Into the area of the roof line. Mr. Hibbs stated the existing house structure was permitted, built within calculations submitted to the County of Orange and approved; that they had an structural engineer and a soils engineer out to the site to make investigations of the site and they found ff structurally sound; that they are proposing to make enhancements to the e~isting structure and will try to create a Cape Cod type house, will add siding to the house, wood trim, re-roofing and a complete upgrade of the entire structure; the sfte will be re-landscaped wfth amenftles such as trees; the entire site to be walled wffh combination solid 6- foot high block walls and ornamental Iron where visibility is needed; upgrade interior of facility, proposing to have 9 bedrooms, and one is actually a library and there will be 7 guest rooms and a manager's bedroom. He stated he thought h would be an enhancement to the property; that the lot Is too small for an estate home, and they will be meeting Building Department criteria and ff there is any substandard work in the facility, they will bring ff up to today's codes. 5-16.94 4j Page 4 ; :d. Joan Pesout, 1429 Kawai, West Covina, Masters Degree from Pepperdine Unhrersiry in Psychology, ~ and post graduate training in child abuse and about 12 years experience in child abuse. She has ~ private practices in Covina and Tustin; that EIi Home is unique and admirable from a therapist's point of view because ff deals with the family and not the perpetrator; that there many emotional Issues the child deals with, that the victim will have problems with self-esteem, depression, anger, etc. and that the mother will feel guilty because she did not protect the child and will feel she let the child down, and that abuse doesn't affect Just the child or the victim, but the entire family. They are taught coping skills and they help them understand self-empowerment. She stated confidentiality is very Important; that the children here cannot go outside and they have a very structured environment. She explained this facility is not structured for fathers Mr. Farano presented photographs of the other homes which are single-family showing the inside and outside and the activities going on. He also referred to the numerous awards and grants the EII Home has received. Mr. Farano clarified the only vehicles that would be at the home would be the full time Ifve-in manager's car or the second house manager's vehicle, that the four spaces outside would be used for staff which would Include the executive director checking on the operation, a counselor, a transportation vehicle for those who might need to do any errands or go for medical care, or drNe a client to another location; that no visitors are allowed at the home; and that a gardener would take care of the landscaping. Mr. Farano referred to the condition Imposing aone-year time limit anti added they plan to purchase this home and a one year time Iimff would be o~ arly restrictive; that ff there was a longer time Iimft, the City would have the opportwiiry ff problems arse, to review h; one year time limit is not necassary because there has net been any Indication that tills type of sffuatlon has been a problem in the past and asked that it be granted for at least fine years. Mr. Farano referred to the landscaping and explained the current yard extends to the right of way of Santa Ana Canyon Road and they plan to apply for an encroachment permit. He stated at the present, the actual location of the hiking trail is not known, but the owners will agree to putting in the hiking trail, but would like not to put h in at this time, but when the rest of the trail is developed and would be willing to post a bond or whatever is necessary. He stated this is not a shelter for the homeless, vagrants, or gang members, etc. Sandy Bryant, 5827 Camino Pensa, a resident of Anaheim Hills for 20 years and a businesswoman in Anaheim Hills stated she is present today on behalf of EIl Home. She stated she assumes each person present has had an opportunity to get an education and have a Job so they can provide shelter and food for their children and she did know how anyone could deny one stepping stone foa' a mother and her child to havr. a better life and EII Home offers one stepping stone; that these mothers and children are not violent and they receive no visitors at the home and just want an opportunity for a better iffe. She added to Improve society as a whole, every community needs to set an example. Vicki Dedic, volunteer for EII Homa, read a letter from Sheila Harel, Anaheim Hills resident as follows: "I'd like to speak on behalf of the EIi Home. I have been a youth supporter for many years in Anaheim Hills, serving as PTA President at Canyon High for two years, and Chairman of tha Girls Scouts organizing all troops In Anaheim Hills for approximately 8 years. Ail of us need to help our J 5-16.94 ' Page 5 young children, especially those in need. The EII Home is a wonderful organization and the public ~ needs to get behind them and support their efforts to help save our children. I urge you to support r' this project. Sheila Harel 256 Calla Adias Anaheim Hills Jay Movius, representing U~fted Parcel Service, 1313 Vemon Street, Anaheim 92805, stated: 'I ca^e to know EIi Home through Mme of our employees, Barbara Meyers, who did some work with their program. Unted Parcel Services has a nationwide regional grant program in fourteen regions throughout the United States and they give away, (n form of a grant, $100,000 to each. He added through extensive research on his part, considering many organizations throughout the Orange County area, and their district ranging from Garden Grove, Anaheim, throughout Huntington Beach, to San Diego and to Yuma, Arizona. They narrowed ft down to 30, then to 5, and then to EII Home which won the $100,000 grant; that ho found the organization and Lori to be of the utmost Integrity, a honest and very sincere organization; many of these qualfties Unted °arcel Services ins(sts upon wfth the type of grant and that their $100,000 would not serve as the entire project fund, but would make a signfticant Impact on that project; this particular project came about at the same time he was looking for an organization for their district. He knows both sftes, Anaheim HIIis and Orange, and he thought this site would be an excellent tocatlon and most people In that area do no! even now about the Orange site. He urged the Commission to approve the variance. Leo Detterding, 7655 Silver Dollar Lane, Anaheim, owner of the adjacent property at 104 Canyon Crest, stated he has 4 acres and a house and has lived there since 1953 and he built this house, and they took seven years of weekends and vacations to build ft; that he originally built ft with the Idea of renting it and was then disillusioned with the Idea of rentals, so he sold the property; that the new owner did a lot of Illegal renovations to the property without permfts and was involved in other endeavors and one day Just moved away and he has not seen him since. He added when he built the house, everything was built according to Codes and specfflcatlons and everything was above what was required by the Building Caries. That a lot of people in the audience are snickering, but that house was started and completed before some of their houses were even started, and he started that house before the 9-house tract was completed or even approved by the Anaheim Cfty Council, and before it was annexed to Anaheim. He added since he was building ft by himself, as he had money, it took a little longer than it took to build the houses next door and a couple of people who moved in tried to ge' the permit rejected or revoked because he was not building ft fast enough. He stated he owned the adjacent 4 acres and he thought the EII Home was one of the best uses this house could be put to; that ft is not possible to make an estate out of It because of the size of the tot, and that the size of the lot may be a detriment to approving this, and he hoped not and added he would do everything necessary to efther provide more land or money ff necessary to make this come to fruition. OPPOSITION: Dr. Arthur Cherub, PHd, MD, 7551 E. Marteila Lane, Anaheim Hills, Professor at the University of California at Irvine; education In psychology of addiction; was a Public Health Officer in New York, involved in the management of self-help plans for drug addicts; families where there is spousal abuse and child abuse live in a c~~lture of daily ritualized violence and violence Is why these people need to be isolated from their spouses; spouses are vengeful and these perpetrators risk going to Jail if their wives testify ~egainst them and the best way to prevent themselves from going to jail is to make sure that they maintain an intimidating presence over their spouses, so there are very serious issues of 5-16.94 Page 6 ~i security here. ~~` r~ He was an emergency roorn doctor and spent most weekend nights In emergency rooms and saw many battered wives and children, so he knows what it is to deal with those people who are absolutely living in terror of their spouses and how desperately they need to be protected. There are very few shelters and resources at their disposal; that he has been involved for the last three years with the Marlin Luther Hospital and Dr. Elizabeth Grimly who has been Instrumental in teaching General Practitioners and Pediatricians how to Identify child abuse. He teaches at the Univers'dy of California at Irvine and he saw an abused 3-year old child brought in by Orangewood, and the person who brought the child in had never heard of the EII Home which could be a result of the confldentiality. He i showed that person the informatl~n given to him and the first thing she noticed was a picture of the j home in the newspaper and asked why they identified ft and why they did not just say the EIf Home was looking to purchas9 a new facility somewhere fn Orange County and not disclose the location In ~ order to protect the confldentiality. He stated this particular structure sits on Santa Ana Canyon Road ` ?~d Is near the on-ramp to the 91 Freoway. He stated in order tc work his way through medical school, he got a Job In Westchester County as a Public Health Officer in the early 1970s when drug abuse was a real problem, as child abuse is new, and at that time there were o number of agencies all looking to get state dollars to set up self-help programs; that his mandate was to Investigate those requests and whet those agencies planned to do. He found there were a lot of people (do-gooders with the best Inten?Ions, scam artists, ate.) trying to get in on a growth Industry, trading on a "hot social topic", then 'drug addiction` and now "child abuse." He added the Commission needs to understand that thrre are some basic fundamental Issues here on how people run these facilities, indicating he is not an expert on child abuse or spouse abuse, but has worked in social welfare and is a physician. He stated the spouses who will beat harmless Infants and children or loving spouses are violent and vengeful and will continua to beat them and they will seek these people out. At this home, they will only be protected by one counselor; that the abuser could cut the phone lines, etc. He stated in New York he had to deal wfth teenage mothers with drug abuse and when they got out, they had to find places to get them away from spouses, etc. similar to what the government does with the witness protection program and that is create isolated safe houses, or at least homes wfth skilled and trained people where they can hide out; and that they should not be concentrated fn one area. He stated the Commission has to consider the social issue here of abused mothers and children and the problem is very real and also this particular structure and where ft Is located and whether ft serves the purpose and goals. He stated he is not an expert in this field, but there are people who are trained and skilled In this field; that he is a home owner and want:- to protect his property value and possibly his children. The Commission Is being asked to accept what the petitioners have said on Pace value". Suggested the Commission gat an Independent qualified person who has nothing politically to gain to look at the operation of this organization and who they have treated, whether there have been any violent episodes, how many people have they helped, etc. Responding to Commissioner Caldwell, Dr. Cherub stated he did not know anything about the EII dome, except what he had read in the brochure, but that he was very anxious to find out more. Jeannie Averill, 171 Canyon Crest Drive, referred to the State of California Department of Social Services, manual of Policies and Procedures for Group Homes, Article 1 ~ General Requirements and Deflnftions -64001, Group home means a facility which provides 24-hour non-medical care and supervision to children, provide services specHied in this chapter to a specific client group and 5-16.94 Page 7 maintain a structured environment wkh such services provided at least, in part, by suaff employed by ~ the licensee. Any facility providing 24-hour care for seven or more children must be licensed as group ~' homes.` She stated the EIi Home is proposing to provide residential care for 14 children and the State of California does not dkferentiate who the care givers are; that some of the mothers themselves will have been the abusive parent and will need assistance providing care to their children; that the State of Calffornia, Department of Social Services, Consumer Guide to Communky Care Facilkies, Page 3 reads: "People who need care and supervision are oken defenseless against abuse or exploitation. In efforts to protect such people, the law requires that care providers be licensed.' She stated the archkectural she plans indicate that the EIl Home will be sprinMered and k was Implied that the facilky will be state licensed; that the architect, Allen Hibbs, reported to Jeff Lutz of the Fire Department, at the IDC meeting on May 5th that the EII Home would be licensed by the State. P,egarding the Inkial Study findings of fact, filed with the CUP application, Question 5 -`Will the protect require certification, authorization or issuance of permks by any local, state, or federal agency; and that Jeff Farano, Attorney, declared "no". She continued Mr. Hibbs and Mr. Farano are providing conflicting information; that personnel in the City of Anaheim and the State of Califomia have stated it Is the applicant's responsibility to file with the state for their license; that according to the State of California, Social Services Department, EIi Home has not applied for a license, nor have they enrolled in classes to prepare for licensing, and none of their homes are licensed. She provided a letter indicating that fact. Ms. Averill stated specific requirements for a group home are necessary under the State of Caikomla licensing guidelines, in areas which include Fire and Safety, handicap access, buildings and grounds, outdoor and indoor activity space, fixtures, occupancy, health related services, etc., and stated she is requesting that the Planning Commission continue this matter to a date after the EII Home becomes licensed and their requirements are determined. Ms. Averill read the following letter: "I am an Immediate neighbor at the proposed ske for EII Home. There are 37 houses in my neighborhood. There Is only one entrance to our neighborhood; that is the comer where the proposed site exists. I notice today that there are many Individuals who support granting the ELI Home a CUP at the proposed site. None of them I(ve in our neighborhood and they don't have a clue about the problsms associated with the house because of the location. Unfortunately, we have come to realize that we are a small group of homeownars going against Cky Hall and local polkics. The Gallloways have had a previous Anaheim Planning Commissioner, Bob Zemel, and an Anaheim Hills Coalition activist, Sonya Grewal, assisting them every step of the way. This has evolved to be a very political Issue. They have lobbied many influential people. People we have talked to at the Ciry were predisposed to recommend this CUP because of the high visibility, no matter what tha real Issues of concern were. Our neighborhood is 100% opposed to the EII Home acquiring a CUP at 100 S. Canyon Crest Drive for many reasons. The petklon for a C:.~ submitted by the EII Home requests that Anaheim issue a permk for the specific use of an emergency temporary shelter for abused children and their mothers. The letter of operation that EII Home submitted with their application under the category, "Visitors" on page 2 reads: "No visitors are permitted at the home. The location of the home is kept confidential. If the mother reveals the location of the home, she will be requested to leave the home." Houses of this nature historically have always k t their locations secret for the various obvious reasons and that abusive husbands and fathers d~ go looking for their families. These safe houses are kept secret in other cities. In fact, EII Home has acquired another house in Anaheim but the general publlr, doesn't know where that is. 5-16.94 Page 8 She stated she did not want the EII Home to be granted a CUP at the proposed site because the ~..-~ peace, safety and general welfare of the families living at the EII Home and the immediate neighbors has now been compromised. Everyone is now exposed to danger if the EII Home moves to 100 Canyon Crest Drive because of the continuous recent media pubifcity circus that Lori Galloway and others have staged at the site. Lori Galloway has given interviews and posed for many pictures with the house in the background. Those pictures were in the Times, Register and Anaheim News. Copies were presented. She added everyone who has ever driven down Santa Ana Canyon Road knows where that house is and the condemned structure known as the "Smurf House' by the neighbors is hard to miss. Any outsider coming to Anaheim Hills can now easily find the proposed EII site; that until now they have enJoyed living in a peaceful neighborhood and have not encountered any crime and would like tt to remain that way. She stated last October the neighbors begged and pleaded wtth the Galloways, Bob Zemei and Sonya Grewal not to proceed with this protect and they would not listen to any of the sound reasons presented to them which would affect any resident of the EIl Home and the neighbors; and added they apparently have their own political agenda and that has robbed their neighborhood of peace. She added she supports organizations such as the EII Home, but they have chosen the wrong location; that tt was falsely reported in the newspapers that EIi Home has already bought the proposed site, but that is not true, adding tt is owned by a Texas Mortgage Company. She asked that the CUP be rejected and the EII Home encouraged to find another location, adding there are many other areas where this type of residence would be better served. Thomas Hughes, 161 S. Canyon Crest Drive, has lived there 10 years, is an Obstetrician/Gynecologist, in Anaheim Hills, Yorba Linda, and Fullerton for 14 years; for the past 3 years has been Vice Chairman of the Orange County Section of American College of Obstetrician/Gynecologist and is well aware of problems with abused women and children; for the past 14 years has seen indigent patients in the emergency room at St. Jude Hospttal and did not feel the Issue here is whether abused children need help, but whether this is the right location for this home. He added he thought tt was not the right location for three reasons: 1) did not feel the structure itself is safe, adding he has watched this building being built In many phases and doubted the building was inspected and passed inspection; it was not built by a professional contractor and the people who did live there moved because the building was condemned and that he thought tt was condemned because it was poorly constructed to begin wtth; 2) safety of the children; Santa Ana Canyon Road is one of the busiest streets in Anaheim Hills and this structure is right next to tt; the Home plsns to build a wall around the building to keep the children In from 30 to 45 days and he found it hard to believe they could contain 14 children for 30 to 45 days within this structure, but tt they get out, they could be hit either on Santa Ana Canyon Road or the narrow private road around this structure; and 3) this home is not anonymous, everybody in Anaheim Hills knows about this and he was concerned about alcoholic, abusive fathers and boyfriends showing up in the neighborhood. He added he would request that Commission deny this request. Frank Currie, 7560 E. 'vlartella Lane, presented a written copy of Itis comments (on file in Planning Department) -born In Anaheim, lived here all his life, owns business in Anaheim, purchased 6 acres on Martella Lane in 1960, he & neighbors have built neighborhood adhering to all building codes and anything else Imposed by City, knowing all others wouid have to comply with same strict standards; 37 homes there, about 50 children under 16, over 1 /2 under 70, roads are all prNate, no sidewalks, very little traffic and they felt it was safe for the children, everyone worked hard to get there and cherish what they have. He stated this structure is referred to by the neighbors as a barn, and it was painted blue, this structure grew out of scrap lumber and whatever the owner could find and they all thought tt was to be a bam, found a building permit was taken out in 1977 from the County of Orange which indicated tt was a 2-story structure with 600 feet on one floor, the garage and 1860 feet on the 5-16-94 Page 9 z other floor and a deck of 375 feet. Permtt was s(gned by Leo Deterdfng indicated under tha house ; ,~.., there was a crawl space that would not have a floor or be used for livable space or garage space; but ~ now that crawl space is converted to !ivable space with a cement floor and is 8 feet tall; also, a large ' portion of attic has been changed to living space, apparently all done Illegally; that the 1860 sq. ft area is in excess of 3000 sq, ft., that this is a 7000 sq, ft. lot In an area where the minimum lot size is 22,000 sq. ft. and thought there must be some violations with that; the permit indicates this is a 20,000 sq. ft. lot; he realized there are some Grandfather clauses here, but doubted tt was legal to start wfth because of contusion between County of Orange and the Ciry. EII Home would have 7 to 10 families, 3 people per family, plus staff, or about 20-30 people; they want to make the structure 3 stories and asked if the footings would stand up; they are going to build a Llock wall wfth wrought iron facing south, and thought tt would look like a prison and thought they could find a more suitable location; and ff anyone cares about the quality of Iffe of the 37 homes built to standard Anaheim Building Codes and the Scenic Corridor, this request should be dented; felt the rules have been bent already and the permit that was Issued and the house that was built are hardly similar and felt tt Is time to stop bending the rules; that traffic is a concern because of tremendous expansion of the Weir Canyon Area, plus expansion of the hills to the East; felt there will be a constant flow of traffic to this house with that many people living there; they will have legal concerns, need medical care, women could still have Jobs, children need to go to school or a teacher must come to them. The children who live in the neighborhood ride the school bus and must watt at the corner of Santa Ana Canyon Road and Canyon Crest Drive now and wondered how safe it would be. Concerned that since this home has been widely publicized in the papers, irritated spouses would be driving in and out of the area with the neighborhood children walking to and from school and asked if the City of Anaheim would assume the liability iF one of their children is injured. He added he did not know how the Commission could approve a facility such as this in their single- family neighborhood. He asked that their neighborhood be kept the same and that Commission vote "NO" on this CUP> Richard Ayres, 181 Canyon Crest Drive, presented a written copy of his presentation (on file in Planning Department): neighborhood zoned RS 22,000 (single-family residential) 9 families living on 5.5 acres, EII Home requesting 8 families on .2 acre, will deflnttely impact adjoining single-family residents; referenced City of Anaheim and Oxford American Dictionary definitions of "family" and referred to EII Homos Letter of Operation which indicated occupants as separate families; self-Imposed rules of the home will not protect adjoining single-family residents, only 9single-family homas on Canyon Crest Drive, 8 additional families will almost double the number of families and create real problems for neighborhood. Asked Commission to deny this request. Craig Blume, 180 Possum Hollow, stated EII Home Intends to encroach the public right of way along Santa Ana Canyon Road; and a 6-foot high wall on public property would be an affront to the Scenic Corridor Overlay Zone, which was intended for public enjoyment, and is Intended to provide for and promote orderly growth in certain areas of the city designated as being of distinct(ve, scenic importance. He asked that the Commission preserve Anaheim as stated in the Master Plan and deny this CUP. (Written copy of Mr. Blume's presentation in Planning Department files.) Kan Hall, 151 S. Canyon Crest, (written copy of presentation in file), property is next door to subject site; use inconsistent with single-family land use pattern established in neighborhood; doubted City Council considered group home facilities such as this compatible with planned community of single- family homes. Felt more appropriate location would be amulti-family residential area. Concerned about property value, Impacts on neighborhood, parking, Loitering along the streets, attacks from abusive spouses and the number of people who would be living in the home would be harmful to the 5-16-94 Page 10 neighborhood. Curious what evidence of Insurance they could provide that would be acceptable to r-. the Planning Director and Planning Commission that would provide adequate coverage to I homeowners for loss of property and lives from drive-by shootings or firebombs; that any Irate spouse could find this property since ft has been widely publicized by local press which makes ft a target for anyone looking for their wife or children. Not a safe haven for battered women and children. Felt this location is dangerous for the women, children and the neighbors and a more appropriate location could be found. Recommended denial of this CUP because the proposed group family use is incompatible with the single family character of the neighborhood and ft endangers them, their children and their property. Commissioner Caldwell asked ff Mr. Hall felt the children who live in multiple family areas are less Important than the children who Ilve in this area and Mr. Hall responded he did not think that at all. Bob Averill, 171 Canyon Crest Drive, (written presentation in file) -his concern is property values, comparing this site wfth one in Orange, and in Orange the house is not distinguishable from other houses in area, ft is situated on cui de sac wfth little traffic and the Increase in traffic and parking was easily accommodated; there fs an enormous difference in "Smurf House" and other homes in area, property values have already been affected, Smurf House is ugly, an eyesore that must be passed every day, and adding problems associated with populating this building with EII Home's 21 clients, plus staff, the situation becomes worse, salability is Impacted, and with all the publicity, every real estate agent is aware of facility and function. Structure is real target here, after passing this unsightly structure repeatedly, one tends to develop a scotoma wfth regard to ft, and EII Home's proposal has resulted In the scotoma suddenly disappearing and they are being forced to see the building once again as it really Is, and that is a condemned building that needs to be razed. Added, none of them are against EII Home, only the EIf House. Karen Blume, 180 Possum Hollow, stated she and another neighbor went to the Orange EII Home site, and asked neighbors K any of the women had cars and one neighbor responded that several did have cars and when the ladles needed a ride, they would stand on the corner and wak for the ride to come. She added she thought that was a dangerous Issue when their children are wafting on the corner for the bus to pick them up. She stated the house they had in Orange might have been a 3-bedroom house and there probably wasn't any noise from the children playing, but with 8 families living at this facility, there would be a lot of noise. Ms. Blume stated they moved to Anaheim Hills in July 1975 because they like the larger lot sizes and the rural atmosphere; that they have watched the neighborhood change and grow and now there are 35 families there; that this structure was built on a substandard lot; that ft is less than 7000 sq. ft. and that area is zoned RS-HS-22,000 for single-family, minimum lot size to be 22,000 sq, ft.; the area Is zoned for single-family and they are proposing eight families in a house designed for one family. Every homeowner followed the zoning and building codes and she thought the EII Home should have to follow the same rules. The majority of the homeowners In the area do not want EII Home in their area and asked the Commission to deny this request. Commissioner Messe asked how Ms. Blume found the address or location of the Orange EII Home. Ms. Blume responded the Orange Police gave them the information. Evelyn Currie, 7580 E. Martella Lane, has lived there a years and owned property for 34 years; she has listened and studied EII Home proposal for this location; referred to what the zoning would allow on a 22,000-sq. ft, lot and referred to this small parcel and added she did not see how the City could allow eight families in one home. Donna Currie, 7570 Martella Lane, (written copy of presentation for file) trying to raise two children in 5-16.94 } Page 11 s an environment of peace, health, and safety and hoped other families would be provided with the same environment. She was concerned about the welfare of ail children and does support what organizations like EII Home are doing for the unfortunate families and has donated lima and money to their functions and does believe (shelters) homes are needed. She stated she has personal reasons and concems and is opposed to having this added to her neighborhood and asked fl this is the best property for the EIi Home; the site doesn't come close to meeting the needs for a safe and confidential home; there are city county and federal programs to assist them in finding an appropriate location and funding; City of Placentia has expressed interest in assisting and said they have a home rehabilitation program which EII Home could participate ln; Cfry of Yorba Linda has indicated that they are currently developing a program that will assist non-profit organizations in obtaining shelters; City of Brea has Block Grant Program; City of Orange has information about the McKinnery Act Program; City of Fullerton has a 2-story Victorian home at 220 Commonwealth that they will give to the EIi Home; Anaheim Housing and Neighborhood Preservation Department has informed her of an area in Anaheim where the City is providing incentives for purchasers; there are many properties (n foreclosure and it would be beneficial to talk with agencies handling those homes to arrange use of them until they can be sold and those homes would be temporary and unknown; renting homes among other homes as EII Homes has done in the past, makes sense for safety concerns. She stated h appears this location would jeopardize the EIl Home family safety. Ms. Currie explained she had contacted the office of the director of the Orangewood Children's Home end the needs and requirements for security are permanent in the lives of abused and co-dependent people and this site fails miserably . She asked the Commission to deny the request for the safety and welfare of all families, especially those proposed to be housed at this facility. Ms. Currie stated she is volunteering her time to assist EIi Home in finding a better, more suitable location for their shelter. Commissioner Caldwell asked if Ms. Currie is talking about a location not (n her neighborhood, i pointing out he thought one of the areas and programs she mentioned was the first-time home buyer program which is basically in his neighborhood, adding he thought ft is obvious she doesn't want It in her neighborhood and that he is Just trying to understand her concerns. Ms. Currie resN.~ded she is not saying she doesn't want it in her neighborhood, but that she Is very concerned abo~K this location because h is accessible on all four sides and everybody around knows where that house is and it is a landmark and that won't change, even H they do the beautification proposed. She explained in other areas, there would be neighbors on the sides, and she thought having neighbors would make it safer. Responding to Commissioner Boydstun, Ms. Currie explained her address is 7570 Martella and the previous speaker's address was 7580 Martella. Lawren Schumaker, 510 Urbandale Avenue, Orange, licensed by State of California as a Class A Engineering Contractor, a real estate broker, and surveyor for County of Orange for past 38 years. He explained he was requested to inspect In the field and verify the conditions at 100 S. Canyon Crost Drive; that the conditions found in the field do not reflect what has been submitted to the City for review and the differences are startling; signs of a recent survey were found; numerous orange paint marks indicating the topography was electronically measured, corners of building were marked; that data collected in the field and transferred to the plot map indicates the true size and shape of the parcel; the accurate outline when super-Imposed on the plot submitted by the applicant, clearly indicates errors. He added the plot plan submitted was to accommodate a visualization of a larger lot 5-15.94 a Page i2 i ;c and existing structure than actually found at this location; the legal description is slightly Inaccurate f"~ and will not close when all the points are traversed and there is a deviation from the petitioner's i estimate and this miscalculation is amplified in the areas of open recreational area. The side yard ~` setbacks differed on both north and south sides of building; the south side is not as stated but is 9.65 ,~ feet from the property line and the north side, at its closest proximity, is 8.67 feet from the structure. Those distances do not Include allowances for encroaching balconies or roof lines; the north and east sides of the building are not as depicted on the plans. ' i Transparencies were shown comparing the size of the lot shown on their submitted plot plan with the t one he prepared from the Director's Deed; one showing the road right of way line to the north; and one showing the area to the left where the house is located and the difference in the measurement, , and also the play area. ~ Vicki Conway, 141 S. Canyon Crest Drive, lived in Anaheim Hills 10 years and at this locallon since 1993; her back yard ovedooks the proposed EII Home site and Santa Ana Canycn Road; purchased this house in 1993 partly because of the beauty of the rural surcoundings. She referred to proposed encroachment permit and is meaning, (6-foot high block wall to extend and encroach approximately 23 to 28 feet Into Santa Ana Canyon Road public right of way) She felt such an encroachment would disturb Scenic Corridor Overlay Zone, Section 18.84.010, which was Intended to provide for and promote orderly growth In certain areas of the Ciry designated as being of distinctive scenic Importance while implementing governmental agency actions for the protection, preservation and enhancement of the unique and natural scenic assets of these areas as a valuable resource to the community. In addition this area is part of the Santa Ana Canyon Zone; zoning is RS-HS-22,000 intended to provide for single family, low density, estate development of a spacious and semi-rural character in hillside areas by encouraging development in keeping wffh the natural amenities of these areas and by preserving their unique scenic resource as a community asset. She stated she believed allowing an encroachment permit an the natural beauty of Santa Ana Canyon Road would set a precedent for everyone who owned property in the Santa Ana Canyon Corridor to request an encroachment permft for their own personal interest, thus changing the City's Master Plan of the Scenic Corridor Oveday Zone. Steve Chong, lived in Anaheim for last 20 years, currently at 130 S. Darby Circle, has Masters Degree in Structural Engineering and presently is a registered Calffornia Professional Engineer. EII Home is supposed to be a conscientious organization, trying to Improve the lives of disadvantaged persons, but k puzzled him that they plan to use this condemned building to accommodate 14 children and 7 mothers; this building was condemned by the City of Anaheim over two years ago because ff is uninhabitable and still has the notice posted on the building; the integrity of this proposed structure Is questionable at best, in light of recent seismic activities, potential for damage or collapse of this building is Increased; trying to convert 2-story building Into a 3-story building and he felt Building Division should review that; building was built in 197G's and was based on old Unfform Building Codes, and he doubted they intend to upgrade this building to new seismic codes. Mr. Chong referred to Question No. 2 of the Initial Study filed by EII Home, "Building for the proposed project Is already existing and w(II not require construction activities. It is anticipated that only minor remodeling will be required." He stated that statement was made by EIl Home after the architectural firm of Dan Rowland and Associates visfted, measured, Inspected, plotted, evaluated and prepared a conceptual plan for submission to this Commission and asked how a building declared unsafe for inhabitation will not require Intensive retro-fitting just to meet the curcent building code. No. 13 of the 5-16.94 Page 13 same document stated that there will be no disposal of hazardous or toxic materials; and that the state ?"~ certified that asbestos is a hazardous material, No. 9 applicant categorically states there will be no ~ new construction, therefore, no new facility in the area that could be flooded and that he has seen this structure flooded; muddy water has stained exterior stucco, etc. Mc Chang stated ff Planning Commission is ruling to simply allow this applicant to continue to whkewash the system under the pen of emotional cause, then the Planning Commission must bear the financial and moral responsibility for their deeds and he hoped EIl Home would wthdraw the application because. k fs not wise to place the children and mothers in an unsafe environment. If they ; do not withdraw the application, the Commission must deflnkely deny the CUP for all the right reasons ~ and not place theCiry and the children in Jeopardy. Responding to Commissioner Caldwell, Mr. Chang stated he is a structural engineer, and that he has not been inside to Inspect the structure; that he Inspected the outside of the building and it was built to the old Codes, and explained he had given his professional opinion,. Charmella Secrest, 121 S. Canyon Crest, stated she was amazed at the cooperative complacency being displayed by the Planning staff; that she has reviewed the plans for the EII Home and discovered some alarming facts; that someone Is not telling the truth; when staff is questioned about the classification, they say it is like a single family home, but that there will be S families living there and 8 famines cannot be called one family and asked why the City is soliciting trouble; the UBC also defines a dwelling unk as any building or portion thereof which contains living faciltles including provisions for sleeping, eating, cooking or sanitation, as required by this Code far not more than one family, or a congregate residence for 10 or less persons; that when questions were posed to Fire Department or Building staff, they identified this location as either Ri or R2.2 and those are not residential and are morn restrictive with provisions to handle the needs of this type of housing; a congregate residence, is defined in the 1991 Unnorm Building Code adopted and used by the City of Anaheim as any building or portion thereof which contains facilities for living, sleeping and sanitation as required by the Code and include facilfties for eating and cooking for occupancy by other than a family. A congregate residence may be a shelter. She added the Planning staff cannot adequately implement the necessary zan(ng guidelines without following the evidence of the Fire Department and Building Department. This would allow this use to be pushed through the system and the responsibility of the action would be dumped on the other departments and the surrounding neighbors, as well as the poor unsuspecting residents of this congregate care facility. She stated she is aware of the problems of communal living and the resulting lawsuits which have stemmed from the Ciry trying to enforce housing codes; that she knows of the problems that overly- sympathetic well-wishers brought on the Ciry of Santa Ana; the difference Is that they did not ask the Ciry for approval and the problems and lawsuit arose from the obvious overcrowding and this is reversed. She stated the Commission has the power to avoid the costly mistake of creating the problem, and to encourage the EIi Home to find a proper location that can safely and adequately accommodate their needs. Larry Ritter, 191 Possum Hollow, stated those who have spoken !n opposkion has not been repeating the same things and that he did not realize they were supposed to be providing copies of their literature and wanted to be sure the Commission has copies. He asked ff the Commission has already made up their mind because k appears those who are opposed are being drilled and that it seems they are the first to be handled in this manner. That he has to pass this ske to get home, and when he moved there in 1981, he thought that structure on stilts next to the road was old and ready to be 5-16-94 Page 14 tom down, and did not know that ft was still being built; that the original building permit taken out in ("'~ 1977 requested a 1874 sq, ft. structure, identified as I and J; UBC 1973, (1) dwelling or lodging house ~ and lJ) prvate garage, carport, sheds and agricultural buildings used as accessories only when not over 1,000 sq. ft. In area; there was supposed to be 10 feet of setback on both left and r(ght yards and also 50 feet in the rear yard; and the setbacks are not according to the original permit at all, nor Is the area of the lot. He added the County Building Inspector must have had some question about the 9'6' crawl space below the house because it was noted on the back side of the building permit that ft was not to be paved, and not to be occupied and h is considered crawl space "only" and that the owner/builder signed that note. He stated, subsequently, owners or occupants have made unauthorized building modifications without seeking proper permits, have paved the underneath area and have constructed some Intericr walls, frames, as well as enclosed side walls and end walls with doors and windows. EII Home has submitted plans fora 4500 sq. ft. multi-family dwelling to house 22 people and they maintain those are only temporary residents; that k is temporary because the same residents don't stay there over 45 days, but there will be people there all the time; that an Independent certified real estate appraiser has Inspected the premises and has calculated the interior I(ving area of the building to be 1770 sq. ft.; the 1994 UBC, Page 659, requires 300 sq. ft. per occupant, and his calculations say 3.88 people may live there without major exterior building modifications to the attic area and the 28-foot roof line of the structure. This (s a congregate residence of unrelated multiple families living in a single-family dwelling. He added he is not against helping the underprivileged and as a deacon in the church has collectively and individually contributed to many unfortunate needs; and is glad Eli Home has been able to aid several abused families reconstruct their lives; that he objects to permitting occupancy of an unsafe, single-family dwelling on a undersized lot with 22 people and ignoring the Codes that provide a safe, healthy environment. He added he and his wife urge the Commission to deny this CUP. Sherye Ayres, 181 Canyon Crest Drive, stated families move to neighborhoods wfth cul de sacs, with small private roads for limited tratflc and child safety; that the streets in this neighborhood are currently reasonably safe with the exception of that 90 degree turn on Canyon Crest Drive where the entrance to the Smurf House exists and that is a dangerous corner where drNers have to exercise extra caution and children are warned to be extra careful since there are no sidewalks. She explained the petition included a question, "Indicate how the traffic generated by the proposed use will not impose an undue burden upon the streets and highways in the area. The EII Home response was: "Under the self-Imposed rules, the home will have no greater Impact than the adjoining single-family residence; Initial Study -Findings of Fact, No. 7 - "Could the project create a traffic hazard or congestion7" The response was, "the families do not have cars and are transported to the site by the staff of the home." The staff of the home wltl visit the home several times a day." In the Eli Home Inc. General House Rules, filed with pettion, the parking calls for five spaces and states that all parking requirements will be met on site. She added local homeowners are very concerned about the added traffic and the danger h presents to their own children. Although EII Home representatNe states the traffic will be no greater than any other single-family residence, that statement defies logic. because this will be an 8-Family residence and traffic needs for 8 families will greatly Increase the traffic on Canyon Crest Drive, a families will need transportation for individual emergency needs, doctor appointments, job interviews, church attendance and school attendance, and there will be many volunteers driving to and from the EII Home. Although the petftion for a condftional use permit stated that only five spaces would be required, a letter was written on May 3rd to Karen Dudley, City Planning Department, contradicting the previous comments. A copy of that letter was submitted. EII Home is working wfth the neighbor to the east 5-16.94 Page 15 3 .1 regard'ng utilization of adjoining property for addftional parking and N is clear that the Eli Home will /'~ pose an undue burden on Canyon Crest DrNe and put the children p;aying there at serious risk. She j asked the Commission to deny this request to keep safety in their neighborhood. `` ~ . Anthony Galanls, 123 South Derby Circle, lived there since 1976, and is opposed to this request; that he realized there are people who would like to see this approved without much opposition, but those _ who object are the residents of the surrounding area who would be impacted the most. The contractors who developed Owens Drive went bankrupt and the bank sad those homes without proper storm drains, and as a result he deals wfth constant soil erosion !n his back yard; decisions that affect the neighborhood require more foresight than what just scratches the surface; that ft Is time i the Commission takas some responsibility for the dee~~~ons they make. He stated EII Home representatives have said the neighbors will hardly know they are there and he d(d not think that is a true statement; that he has seen cars parked on Canyon Crest in front of the home, and that Is a Code ~ violation and a safety hazard for traffic in and out; that Canyon Crest on its best day has a maximum width of 20 feet and the potential for accidents is extremely high; that he has had to ask visitors to EII Home parked on Triple Crown lane to leave; and that he has personally given over 6,000 sq. ft. of his property for a private road, which is maintained at homeowner's expense in order to maintain privacy. Mr. Galanls referred to a current trash problem which he felt is a result of the road surface and he has had to tail the trash disposal company several times to remove the trash and he felt adding that many more people in the area would Increase that problem. EIi Home is a worthwhile cause, but that he objects to the location; that the site will be an negative impact on the existing community and that the exlsting structure should never have been built and this undersized lot is not acceptable for this type use. He stated he wanted to investigate to see what type problems this home has created In other areas, but was told the addresses could not be released because of the secrecy Issue; however, a picture of this home has been published in the newspapers and anyone who has traveled down Santa Ana Canyon Road would recognize it. Mr. Galanls stated Commissioner Caldwell seems to make light of the Issues the opposition has brought up and asked what type issue they should be bringing forth. Commissioner Caldwell responded he was not making light and his heart always goes out to the residents, but that he is trying to make an Informed decision and has the right to ask the questions. Mr. Galanls stated ff the Codes were being followed, the neighbors would not even need to be here and added all their homes were built according to the Codes and regulations. Mr. Le, 1505 S. Canyon Crest Drive, stated he has no quarrel with the objectives of the EII Home and that he has seen the results of spousal and child abuse; that his neighbors have addressed most of the concerns; that the proposed use would adversely affect the land uses and growth and development of the area in which h is proposed to be located. The proposed site is on less than .2 acre and the existing structure is an attractive nuisance and should be removed; zoning is RS-HS- 22,000 Residential, Single-Family, for estate homes built in accordance wfth the Codes and all the lots are 1.2 to 1 + acres; and the adjacent property which is more than 4 acres has been for sale several times over the years and combined with this lot, ft could become a portion of a standard-sized lot as was originally intended. This structure will never blend to wfth the environment no matter what type of remodeling is done; every realtor will be aware of the site and that would probably adversely affect the sale and development of adjoining land. As a concerned citizen, he requested denial of the CUP requested. John Currie, 7570 E. Martella Lane, read a letter written by Christopher Elliott who works for the Department of Justice, Bureau of Narcotic Enforcement, (copy of letter covering following points on I 5-16.94 Page i6 file with Planning Department) r~ trained to observe criminals and lead to their capture and arrest; • his work Is focused in undercover investigation, and he is exposed to lowest forms of society, . growing number of average people willing to jump into ft for momentary thrill of drugs; • Innocent byproducts of those jumpers are often women and children left abused and battered; • one who wili turn on his or her loved o~tes is not easiiy comprehended or understood by normal members of society and exist In a "take' and "take back' culture; . EIi Home attempting to provide safe haven for children on narrow strip less than 10 feet from the street, . visfted proposed she and found it impossible to secure; • hlock wall provides perfect access to the side windows and balcony, . proximity to Santa Ana Canyon Road and the natural terrain offers excellent opportunity to park along the wide roadway, walk up through the bushes and enter the house; o enraged parent has hatred as well as a mot(ve; . he could stand on the street and see in the house, and thought anyone could easily drive by and shoot through the house • on Santa Ana Canyon Road, someone can drive by at 70 miles per hour and be on the freeway before anyone could respond. • explosive and incendiary devices are most wffective ff launched within 25 feet of ultimate target and proposed sfte allows perfect geometry far amateur pyromaniacs; . never seen a sfte that offers less potential security . publicity has compromised this facility. Mr. Curcio did not have Mr. Elliott's address but agreed to provide ft. Mr. Currie presented pictures showing that a person could easily Jump from the proposed wall to the house since ft (s 65 Inches from the balcony. W!!ma Harcis 100 Saddleback, owner/builder, made following comments: • drawing submitted shows they are proposing encroachment Into the State of California right of way • this building is too close to Santa Ana l:anyon Road • requested denial because site is already a blight and cannot conform • if permitted to encroach, the structure will draw more attention because ft has less setback than any other building along Santa Ana Canyon Road which is supposed to be a scenic highway. . requested that Commission deny the request in order to preserve Anaheim as stated in the Master Plan. Roland Tanner, 1800 Canyon Crest Drive, read the definftlon of "discrimination" from the legal dictionary as follows: "In constftutlonal law, the effect of a statute or established pracN,:e which confers particular privileges on a class arbftrarily selected from a large number pf persons, all of whom stand (n the same relation to the privileges granted and between whom rnd those not favored, no reasonable distinction can be found. A failure to treat ail persons equally where no reasonable distinction can be found between those favored and those not favored." Mr. Tanner continued by comparing other hems on today's agenda wfth EII Home's request and added the same policies should apply. He stated he is comparing what is politically vogue versus the i average residents in Anaheim and the staff requirements and recommendations are completely , different for the various applicants today, compared to what Is offered to the EII Home. He asked the 5-16-94 Page 17 ,, Commission not to allow this discrimination and added ff they vote for this CUP, they are breaking all f°0, the rules and ff they are an unbiased and unsolicited Commission, they should request that the EII r Home use one of the countless other locations which are truly better suited for the welfare of the ~ mothers and children which they are to care for; don't blind fair Judgement with a banner for a cause when it could be better served in a safe, more secret location. Gene Secrest, 121 S. Canyon Crest Drive, made the following comments: . trfed to find or>< during last several weeks what the EII Home is; . read the same articles and reviewed same information and read about how the abused children and wives have to leave in the middle of the night . paramount differences evident - unintentionally majority of the people who spoke in opposition fumed in something written and the EII Home had an opportunity to present hard facts to the Commission and they got a series of perhaps miscommunicatlons or misdirected Ideas, or perhaps mismeasurements, and they are seeing the policy that is set out and the policy they will follow; . Troop Leader of Boy Scouts, been in Indian Guides, worked for a number of volunteer organizations . never seen such a long list of rules (15 pages double-spaced) and thought that was ridiculous . that this a disguised business . come in under banner and wonderful accolades of the things they have applied for and pursued . his contacts in Washington have Informed him some of the accolades are directed more at Zip Codes and what Influence can be peddled by the various Serr:tors . heard one side of Issue tonight . can't deny what EII Home has done because he has not found anyone who knows anything concrete about their accomplishments . no organization in existence seeking contributions which does not have an uninterrupted flow of people who will walk forth and say they did a fantastic Job . deacon in Presbyterian Church for a number of years and thought this is a Job of phenomenal salesmanship + never been given advantage of saying "look the other way" . feel they have established a plan and think they can do whatever they want since they already have an established roof line that Is not in the Anaheim Code . height over 25 feet requires a variance . structure which UPS is planning to pay for + a list of rules and he did not think they could enforce the rules as strictly as they say they can, and referred to invited guests pointing out they are not tenants and cannot be evicted . what guarantees in writing about economic stability of the organization; do they have the economic base to support this shelter beyond the acquisition . are there provisions for the time after Mike and Lori Galloway leave, leaving apaid-for shelter with perhaps an organization to run it, or maybe not . burden on Building Department, Code Enforcement, Flre Department . allowing ahigh-class, upper-end abusive situation for families who probably could afford to go to a local hotel/motel . not taking in people who really need ft . Is h Commission's intent to allow an organization without proper credentials to go into this facility without any guidelines because they are not licensed by the State or the County and the only requirement will be a City business license . asking for 5-year time limit before they have even gotten approval ' .requested denial of this request - do not discriminate against all the people who have had requests denied over the decades. 5-16-94 Page 18 April Hughes, 161 S. Canyon Crest Drive, Iiveo there 5 years, is a registered nurse and nurse ~ practitioner, licensed in State of Calffomia as RN and has achieved an additional degree by virtue of the Masters Degree and trained at UCLA to examine, wrffe prescriptions, admit, see patients in the hospital, as would a physician, and explained she has to practice wffh a physician; that most commonly a nurse practitioner would be in remote areas; that she has practiced in obstetrics and gynecology for over 15 years, volunteers her services through St. Jude Hospital operating a mobile unff which does vision and dental screening for underprivileged children; that she donates her time and services, and will wrffe a check; that she also donates time and services for obstetrical care for women who are no longer able to provide pre-natal care for themselves and their unborn children and gets the opportunity to meet a lot of abused women, some of them already in shelters; that health care needs of these people have been discussed already; that a former next door neighbor was abused by her husband and many of the neighbors on Canyon Crest Drive gave her shelter; and she wanted the Commission to know that they are not uncaring individuals; that they have established their homes and have upgraded their homes. She referred to a letter she had submitted telling why they felt this condfflonal use permit should not be granted; and that it is not about whether they think the EII Home does a good Job and serves a good cause, but that the conditicnal use permit should be based on the requirements shown in A through E, and they fail far numerous reasons. She stated she called EII Home personally and asked if they would answer some questions prior to deciding to oppose the request, but that she was told very frankly that such questions could lead to a libel suit against her and was told she could not reveal who she talked with but would be happy to talk to Commissioners in private. She added the questions she asked were: 1. Would the children IhAng in the home attend school, and ff so, how would they be transported? The EII Home statement of operation says these children would not attend school, but under the mandate of School Code 48200 -parents shall compel their children to attend school; and that she called the School Board and asked about children not attending school and they said these children should attend school and it would be Illegal to keep them out of school. 2. How would occupants be transported to church services, to search for employment, for future housing when they are no longer housed at this facility, emergency transportation in mass, and do they nave a bus? 3. How can they enforce their own rules such as children not making loud noises while playing outside? 4. How can they keep older children from climbing over the wall? Constantly have children in the emergency room with broken arms, legs, and requiring stitches because they don't follow rules. 5. Home is proposed on a public street and there is a private street with access to this public street and the neighbors have to police themselves and not let children on the street. 6. Will volunteers drive occupants to doctor's appointments or other support care systems tney may need? 7. What is procedure ff chicken pox or other contagious diseases break out? 8. flow will they prevent women from working at current jobs? They were told women at the Orange `acility do work. 9, How many shelters are operated by EII Homes? Orange facility did not house the number proposed at this facility. 10. What licenses do they have? 11. How many certified social workers are there and what is the ratio of certified social workers to the number of clients in the home? 12. Are physical examinations done on the clients, and are there any men in the home? Noting sometimes there are men taking care of the children and sometimes the woman could be the 5-16-94 ~~ Page 19 ~` abusive person. ~ 13. Is the shelter in Orange still operating? 14. Will City of Anaheim be in charge of waste disposal, and how many trash containers will be needed for 21 people living in a single family home? Noting they have to keep black trash containers out of sight on their block. 15. What are they teaching to stop the child abuse and Increase the self-esteem, who developed the curriculum and what is the success rate, how does ft decrease abuse, and why Isn't the husband or abusNa person involved? 16. Upon entering the shelter, who has possessi^~ of the client's cash, credit cards, and checkbook? 17. What is procedure for all clients after discharged? 18. What is follow up procedure after they are discharged? 19. What is dally schedule, noting they have indicated clients will be busy attending various functions? 20. Has EIi Home ever been sued? 21. Who makes the rules and how are they enforced? 22. Has Police or Fire Department ever been called to EI Home in any emergency situations? 23. Have abusive fathers ever caused problems at one of the facilkies? 24. Is anyone in the facility trained in CPR or other first a(d, and at all the shelters where she has worked, they have all had to have CPR cards and first aid licenses and they have to be approved and up to date 25. Do any clients who have stayed 45 days ever come back? 26. Is there a charge for staying there, even for people who could possibly afford ft? 27. Who Is accountant and what arsncy regulates their financial records? She explained those are the kinds of questions they had for EII Home, but were unable to get answered. Ray Currie, 7550 Martella Lane, stated he is opposed to CUP 3680 for the following reasons: a. Not opposed to EII Home's goals or methods of operation b. Not a doctor, lavryer, engineer or nurse, but does have common sense. c. Idea of having ri hidden location on one of the busiest roads in the Cfty makes no sense. d. Idea of the transportation needs of up to 23 residents having no impact on the narrow private drive makes no sense. e. Condftional uses and variances Inconsistent wfth those permitted in the surrounding area, nat having an Impact, negative or otherwise, makes no sense f. Moving EII Home's Emergency Shelter facilty to 100 S. Canyon Crest, makes no sense RECESS: 9:30 p.m. RECONVENED: 9:45 p.m. Chairman Peraza referred to letters submitted from Shirley and Kent Hail opposing the project and petftlons (with approximately 135 signatures) ind(cating opposition were submitted. Mr. Farano felt some of the comments made by the opposition were unsupported and were vicious and he would not address those, but will address the Issues. ° The existing structure does have a lot of problems; ° ft is a legal existing lot; the structure is Iegai, although there are questions about fts size ° they are asking to use the structure that was legally approved on a legally existing lot; ° this property cannot be used for a lot of uses such as commercial because ft is smaller; 5-16.94 Page 20 ° there has been no Interest from anybody in buying this house for a residential use; ~ ° this group is willing and is capable to buy this property and improve this house and he thought make it an asset to the neighborhood much more than it is right now ° nothing said here today' to indicate that EII Home is anything other than a valid, worthwhile upstanding organization; ° all the accusations were not supported; , ° EII Home has been privately funded for up to 10 years ° confidentiaifty has been brought up and the fact that it has been in the newspaper and pointed out the address has not been published in the newspaper, ° there were photographs published and comments that anyone who drives Santa Ana Canyon Road might recognize ft, and asked ff that would make this house not a confidential situation, ° it will look considerably different after the Improvements ° it would not be occupied for several months; ° Eli Home has never in 10 years had a situation where the father has been able to find the home; ° never been shot at, fire-bombed, etc. ° rules include that EII Home will not accept people who have drug problems, ° they have extensive interview process; ° clients are questioned about enforcement of rules ° they do have the ability to enforce the rules and clients can be asked to leave; ° clients are guests, not tenants, and any who were asked to leave, have left voluntarily; ° never havo had to call Police to make someone leave; ° other locations are different and are run by governmental agencies or are government funded; ° traffic control is not a problem because no cars are allowed by clients; ° vehicles are allowed only for the live-in manager and the second house manager which Is rotated on S-hr. shffts; ° they are mandated to educate the children, and Orange County Unffied School District sends a person over to the home one trip per week. ° regarding noise, this number of children would not create any more noise than children in any other neighborhood; ° In the Orange Home, which was 5 bedrooms and had 5 families, the neighbors interviewed did a not have a problem with EII Home; )fI ° they had a survey performed by Wagner Pacific which he understands is a reputable surveyor and ff there is a problem, they will resolve it. ° if there are licensing requirements, obviously they would comply, but they have not needed a license for their operations and the difference is that this home does not have the responsibility for the children, the mothers are responsible for the children, the home only provides a place for them to stay ° they do provide counseling; ° this is not a residential care facility for which they have the responsibility for the children; ° this does not fall within the Code Section regarding licensing. ° the surveycr who spoke In opposition did not actually do a survey of the site, but said ft was his professional opinion that this site is not structurally sound ° they havo hired a structural engineer and he did determine that ft is structurally sound; ° hazardous materials or waste were also mentioned, and he was not aware of that problem, but ff it does exist, obviously, any construction would havo to comply with regulations. ° he was not aware of any flooding problems, but would bring drainage facilities up to code; ° did not think he would have a problem wfth this use being in his neighborhood; ° he felt opposition has had adequate time to present their evidence; ° staff has reviewed rules and letter of operation and this home will have control and clients would be there for only 45 days. I ° violence was a concern, but there is no information that indicates that would happen at this location, ~ 5-16-94 `v Page 21 } ,;, :, ° violence could happen in any location, but ff h did happen here, the police could take care of ff. .1 Commissioner Boydstun pointed out they have indicated 7 mothers and 14 children, but there is no ' guarantee that every mother will have 2 children, so 14 would be the maximum and some of the children could be babies. Ms. Galloway responded most of the children are babies and toddlers, and just a few school-aged children; that they only take children 12 or younger because 12 year old children have different problems and they need more Intensive counseling.. Ms. Galloway thought there might be 5 or 6 school-age children. She explained they work with the Orange Unified School District and they have a program called Project Hope; they come in once a week and work one hour with each school-aged child and leave the homework for an entire week with the mother and the house managers; then the mothers and house managers work with the children to complete the homework and the neM week the teacher comes back. She explained this program does meet the curriculum so they can graduate, and after the 45 days, the child efther goes back to their regular school, or Protect Hope will work with them anywhere in Orange County. Chairman Peraza pointed out Project Hope works with the County schools and not the Orange Unified schools. He further explained they were set up for homeless children, they pick up homeless children at motels and take them to Orange for 3 hours of instruction and then bring them back and added he was nor sure about one hour per week of instruction and pointed out home teachers usually spend one hour per day with children who are III, etc. Ms. Galloway responded to Commissioner Henninger that when they have srhool-age children, they use that system; and that she did not know how many school aged children they havo had during the last year; that everyone does not stay 45 days, that the rules are very strict and they must adhere to those rules and ff they do not want to follow the rules, they are free to leave and transportation would be provided; and not every circumstance is the same. Chairman Peraza asked ff they would be transported to their Jobs ff they are employed. Ms. Galloway responded clients enter their program on a voluntary basis and part of the requirements are that they take a leave of absence ff they are currently working because they need the time and it Is not possible if they are not there 24 hours a day. Commissioner Henninger asked how often the mother and the children would leave the Facility during that 45 day stay.such as medical needs, court dates, etc. Ms. Galloway explained they are aware of every client's situation as far as medical, or legal needs and they work out a schedule so they can take care of those needs, and provide transportation, etc. She added they would probably make two or three trips a day outside the home and that Isn't any more than a normal family would make outside their home. She stated one family would probably need to make a trip once or twice a week for medical or legal reasons; that everything is provided for them at the home; that they have chores to do before the classes at 9 a.m.; clients not allowed to stay out all night, they have structured activities such as church on weekends; transportation Is provided from an offslte facility; that they have a van and transportation cars and the managers may drive them. Commissioner Henninger asked how many families are there on weekends or how many of them leave. Ms. Galloway responded many of these clients don't want to leave because they feel safe there. Sunday would be the day the largest number of people would leave and most of them would 5-16-94 Page 22 leave together. Commissioner Caldwell stated his question fs -'1r+c~ld this be an unreasonable detriment to the peace, health, safety and general welfare of the residents, and one concem for him is the potential for violence ff the father finds eut where the mother and child are. He asked ff there are any reports from the Orange Police Department during the time the facility was operating there. He added there fs a lot of concern about Ingress and egress wfth traffic In and out and children walking in the area, and that the skuation currently is not safe and there Is also apparently a rather radical turn. Alfred Yalda responded this location is similar to any other location throughout the city where there would be school children and referred to Mohler Drive where there is a school and maybe there are more children. He explained when he reviewed this as a single family house and wfth the number of people who would be living there, he was not aware of any safety Issues regarding traffic. Concerning visibility wfth the wall, he explained he has asked that they comply with City standards. Mr. Yalda explained also there is a Traffic Safety Committee meeting with the School District which he attends and he has not heard anyone in that area complain about the traffic. Members of the audience were asking questions and Chairman Peraza explained the public hearing has already been closed. Commissioner Henninger raked to see the traffic survey mentioned and asked about crime problems which might have occwu3e at the Orange facility. Mr. Farano responded there were a couple of calls from the facility to the Police Department. Ms. Galloway explained she was alive-In manager at the Orange facility and never had to call the police but she did do some research and found that the police had been called in the past because someone stole something from their garage and there was graffiti on the dfireway and vehicles from the neighborhood kids and a call was made for a back up by a social worker in case tt was needed, but it was not needed. She added no calls were ever made because of anything the EII Home had done. Commissioner Henninger asked Engineering to review the colored graphic submitted of the plot plan and asked about the lot lines shown on the exhibit, a diagonal line going across the rear yard. Melanie Adams responded that line represents the boundary of the road right of way, originally part of the st?te awned property and that is where the encroachment permft is required. Commissioner Henninger stated that corresponds with evidence presented in the Independent survey and he thought there was probably an ercor in Paragraph 10 of the staff report regarding the amount of ultimate opon space and thought h was 3600 sq. ft. of open space and about 3400 sq. ft. in the encroachment area. He asked how the plans for the Improvements of Santa Ana Canyon Road would affect this encroachment permft. Ms. Adams explained those plans are currently on hold and there may be a significant delay In that project. She explained she did not have the exact dimensions on how ft would be widened, but it would be coming Into the rear yard area and at some point, depending on the grading and the riding and hiking trail, they may have to move the wall back to their own property line leaving very little yard space. 5-16-94 1~. Page 23 ~ Cammissioner Henninger asked ff the 6-foot high block wall which would be needed to protect the play area around those two comers would allow adequate visibility. Mr. Yalda responded there should be adequate she distance at the comer of Martin Road and Canyon Crest Drive. Commissloner Henninger asked ff a solid wall would meet the sight standards. Mr. Yalda responded ft would. Cammissioner Henninger stated ft should be considered that the outdoor recreational area could be 3600 sq. ft. He stated there is no condition requiring that the whole structure will be brought up to existing building codes and there is no condition that requires the grading to be done to grading codes and asked N those are automatically Included. Julie King, Building Division, stated they have to comply wfth the 1991 Uniform Building Code automatically. Molanle Adams stated the grading would have to be done in accordance with the grading codes and that would be in conjunction wfth issuance of building permits. Commissioner Henninger stated ft appears the way the site is currently graded, h drains Into the garage and asked ff that would be reviewed. Ms. Adams stated they would have to demonstrate posftfve drainage away from the building. Commissioner Henninger asked ff there would be an analysis of the drainage as a part of this approval and Ms. Adams stated that would be done and if extra assurance and precautions are needed, that couid be included as a condition of approval. Commissioner Henninger stated the size of the building conforms pretty well wfth the sizes shown in Paragraph 11 on Page 3 of the staff report, but h doesn't conform wfth Paragraph 7 which talks about a 4500 sq. ft. group home and asked the difference in the numbers. Karen Dudley, Assistant Planner, stated total square footage Inciuded all three floors and the plans indicated a total of 4300 sq. ft. proposed and the net measurements of the 4500 sq. ft. included the attic conversion. Commissloner Henninger asked ff three stories are permitted in the Scenic Corridor. Ms. Dudley responded the maximum height allowed is 25 feet; however, it was established that this structure was pre-existing before it was annexed to the Ciry and a waiver would not be required as long as they can demonstrate that the added roof area does not exceed 1096 of the total roof area. The elevation plan presented by the appiicant is a little different than what was submitted to staff and that the bird's nest would require a waiver of height requirement. The new sfte plan shows a patio cover on the north side of the property and that would be encroaching Into the side yard and would require a waiver. Commissioner Messe pointed out the applicant has indicated they would remove the bird's nest. Commissioner Tait asked ff the height requirement relates to somoone occupying the space. Karen Dudley responded ff the area above the 25 feet can be seen, it would be counted as a waiver. She added these plans are a Iirile different than the ones she used In her calculations. Commissioner Henninger stated this is an existing non-conforming structure and asked ff the code outlines certain expansions of uses which could be allowed and prohibfts others. 5-16-94 Page 24 Greg Hastings, Zoning Division Manager, explained that is correct and explained k Ilmks any addklonal square footage added onto the unk and typically that has been defined as addkional square footage outside the envelope of what is a legal non-conforming structure; that ff parking was based on square footage in the building, k would be beyond the current allowance but since no further parking is required for the number of bedrooms, k would not be cor+:,idered. The lnterpratatfon has been that any addklonal square footage wkhin the envelope woulN f~a permtted provided nothing occurs outside the existing envelope. Commissioner Henninger asked to see the specffic Code Section regarding that Issue. Commissioner Henninger stated one of the comments reterced to floor to ceiling height and some Code requirement for a minimum and asked ff these plans will meet the minimum. Julie King responded there is a minimum and wkh the proper plan submittal, they can comply wkh Code; that the interior of the she has been Inspected and Building Division does not have any concerns about them meeting the minimum requirements of the current 1991 Code. They will have to make some modifications but thought they could come Into compliance. Commissioner Messe stated staff has just seen these elevations and asked ff there are any problems. Karen Dudley responded there has Just been a few minor changes but nothing that would have changed the analysis. Janet Baylor, Fire Department, Deputy Fire Marshall, stated at first the Fire Department thought they would require a license, but now k has been determined that since the mothers will be caring for the children, a license is not required and the requirement for sprinklers was dropped. They have agreed to meet all the other requirements. Commissioner Messe added the parent will be supervising the child, but that EII Home would be supervising the parent and asked ff that wouldn't make this a congregate care faciity. Ms. Saylor responded the other Issue brought up earlier was the fact that k is a care facility; that the state recently defined rules and regulations regarding care such as: giving of medications, etc. and none of that qualff(es this as a care facility. Ms. Baylor responded to Chairman Peraza that the Fire Department has no problem wkh access or water. Commissioner Tak asked why a condtional use permk was required at all on this property. Mr. Hastings responded staff used the general section which permks the Commission to review this as a conditional use permit since k 1s not iis'~-d as a permitted use, or a condklonal use, specifically (n any of the zones In the City. Commissioner Tak asked ff six (6) unrelated people would have to have a conditional use permit in order to INe together in one structure and what part of this placed k in the general section for uses not listed. Mr. Hastings explained six unrelated people in one structure would not require a CUP; that this is considered a `group home" and that the City would not have any control over k ff k was for six or less people, but anyth!ng over that number would not be considered a typical residential use and would require a CUP. He stated there is a question whether this use is regulated by any other governmental agency. He added a family would have the right to be there wkhout a permit. Selma Mann stated the Code Section pertaining to non-conforming uses and conforming uses is confusing and k is difficult to find anything directly applicable to this use. There is a general state law regarding non-conforming uses and the understanding is that this isn't an actual expansion of the non- F 5-16-94 ' ~~, Page 25 r .t conforming structure and bringing the building up to Code requirement is not an expansion, but would '1 be an improvement of the property and Is something that would benefit the public. The interpretatlan regarding the envelope of the building may be a Planning Department policy and there may be something more useful in the Unfform Building Code, but she would have to researcft it to find out. Juile King, Building Division Manager, stated she was not aware of any references in the building code. Commissioner Caldwell asked ff there had ever been any type of violation or a restraining order against a spouse or boyfriend that required a phone call to the Police Department. Ms. Galloway responded there had not been any calls during the five years she has been there and she was not aware of any spouse or boyfriend ever showing up. Commissioner Caldwell asked how many clients have been through the program during the 5 years; and Mrs. Galloway responded approximately 3000. She responded to Commissioner Henninger that she was not aware of any threats and that [~ _!~ policy would be to call the police if there was ever a problem. The City of Orange Police Department has always been very respondee but fortunately they have never had to call them for any type emergency. She also responded that they did not have a security system at the home in Orange, and that they would not be opposed to having a condition imposed requiring a security system of some type, such as a burglar alarm, ff needed, and added she thought they had proposed one. Ms. Galloway explained the facility will be air conditioned and Mr. Hibbs, archffect, explained the air conditioning units are located on Canyon Crest and they intend to upgrade the entire system. Commissioner Henninger asked ff the bird's nest structure was Intended to screen the air conditioning equipment and Mr. Hibbs responded ff was not added for that purpose. Mr. Farano asked ff the permit could be granted for longer than five years, and pointed out it would be to allow the shelter for children up to 12 years old and their mothers. Commissioner Messe stated he understands with the Investment they would like a longer time limit, but that this is a first for the City of Anaheim and he would like to see the Commission review this after one year and ff the applicant Is sure that the facility will be operated as indicated, that should not be a problem. Commissioner Caldwell agreed that it should be reviewed by the Planning Commission in one year since ft is a first and there may issues and concerns. Commissioner Boydstun asked ff the permit would be granted for a longer time period and reviewed fn one year. Selma Mann stated ff a conditional use permit is granted for a period of one year, k would automatically end at that time; that the apple of ves inathlat h would benextendedh She stalled at theuld not want to suggest that they have any typ 9 end of the one year period, ff there have been no problems, the Commission may decide to approve the CUP for a longer time period. Commissioner Henninger stated granting this for one year would be asking them to make a big Investment for a property on which they might loss the right to use in one year in the manner they are proposing. 5-16-94 ~ Page 26 Commissioner Caldwell stated ff they manage the facility so there is a detriment to the neighborhood, then they should lose the right to use it. Commissioner Messe stated he felt they are going to operate ff very well and then will ask for a five year time Iimft and k would probably be granted ff all goes well. Mr. Farano stated one year Is a very short time period; and ff they do not operate h propedy, that would be sufficient to bring h back before the Commission and the Commission could then revoke it, so ft would be incumbent upon them to operate ff properly. Commissioner Caldwell stated ff there have not been any problems with the Police Department or with Code Enforcement, then there would not be a problem, but he felt k has to be reviewed in one year. Chairman Peraza clarffied that the one year would be calculated from the date of occupancy. Commissioner Henninger felt a 5-year time Ilmit would be reasonable because of the considerable investment. Selma Mann stated the Planning Commission should consider all the findings included on Page 7 of the staff report, Item 27 which lists five findings, and that the recommendation in the staff report only addressed four and that Finding °C' is not addressed. She stated whatever decision the Commission makes should address ail five findings. Ms. Mann suggested the second sentence of Condition No. 1 should be deleted. Commissioner Henninger suggested the following changes: a. 1-year time Iimft from the date of occupancy b. delete Condition No. 9 requiring improvement of riding and hiking trail c. add condition requiring transportation to be provided d. meet requirements of grading ordinance e. a security system, as approved by the Police Department, would be provided ff determined to be needed by the Anaheim Police Department. f. children shall be supervised at all times g. children not allowed in outside play area after 7:30 p.m. h. no visitors allowed to the site other than those connected with the operation of the facility such as counselors, teachers, social workers, etc. i. structure to be brought up to meet current Uniform Building Code requirements j. rev(sed plans submitted and reviewed by the Planning Department eliminating the proposed "bird's nest" and the patio cover on the north side of the property which encroaches Into the 5- yard setback area k. Condition No. 5 to be modfffed to show parking Ilmfted to live-in and on-site managers, with clients being prohibited from the use of their vehicle during their stay at the home I. the age of the children staying at the home shall be limfted to'up to 12 years old". Mr. Farano indicated concern about the condition prohibiting the children to be outside after 7:30 p.m., pointing out he had heard the neighbors indicating they would Just call the police every day so the permit would not be allowed next year. (Commissioner Caldwell responded he really did not think ti;at would be a problem.) ACTION: Approved Negative Declaration Granted Conditional Use Permit for 1 year from the date of occupancy with the 5-16-94 ~. Page 27 following changes to condftions: ~ ~ Modffled Condftion Nos. 1, 3 and 5, to read as follows: ~~ 1. That subject permft shall expire one (1) year from the date of occupancy. 3. That the occupancy of Bald residence shall be Ilmfted to a maximum of seven (7) adults, fourteen (14) children up to age twelve (12) and one live-in manager. i 5. That the residents (other than the resident manager) shall not use their cars or store them on subject property while residing at subject facility. Deleted Condition No. 9 Added the following condftions: That group transportation shall be provided for the residents of subject facilty. That security for the facility shall be provided, ft deemed necessary by the Anaheim Poilce Department. That the children at the facilty shall not be Involved In outside play activftles after 7:30 p.m. That there shall be no visftations to residents other than by counselors and operators of the facilty. That the children staying at subject facility shall be supervised at all times, whether indoors or outdoors. That the 'bird's nest' an the roof and the patio cover on the north side of the structure, as depicted on plans submitted by the petftfuner at the public hearing shall not be permitted. ~~ That grading of subject property shall conform to Chapter 17.06 "Grading, Excavations, and Fills In Hillside Area' of the Anaheim Municipal Code. That the existing structure shall comply with the minimum standards of the Ciry of ' Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the Cfty of Anaheim. VOTE: 6.0 (Commissioner Mayer absent) 5-16-94 Page 28