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.010 Intent. The City Council has determined that residential condominiums differ from apartments in numerous respects, and that they should be treated differently from apartments for the benefit of the public health, safety and welfare.
.020 Conversion of Existing Structures. Any person, firm, partnership, corporation, association or other entity proposing to convert an existing multiple-family structure to condominiums shall first obtain a conditional use permit, in accordance with subsection .090 (Conversion of Existing Multiple-Family Structures) of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple-Family Residential Zones), and Chapter 18.66 (Conditional Use Permits). (Ord. 5920 § 1 (part); June 8, 2004.)
The provisions of this section apply to temporary uses classified as Contractor's Office & Storage in Section 18.36.060 (Temporary Use Classes) of Chapter 18.36 (Types of Uses).
.010 Location and Duration. Not permitted in the front or street setback. The maximum time this use may exist on a lot shall be one (1) year. Extensions may be granted in one (1) year increments, if it is demonstrated that the trailer is not detrimental to the community.
.020 Approval. The Planning Director shall have the authority to approve temporary contractor's office and storage trailers, and extensions of time for such trailers, provided plans for permanent construction have been submitted to the Building Division or construction is underway. (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5944 § 17; September 28, 2004.)
Uses classified as Convenience Stores are subject to the provisions of this section.
.010 No advertising of alcoholic beverages shall be located outside the building nor shall advertising on the interior be visible from the exterior of the building. Audible advertising of alcoholic beverages shall be prohibited.
.020 No display of alcoholic beverages shall be located outside the building or within five (5) feet of any entrance used by customers.
.030 No alcoholic beverages shall be consumed on the premises.
.040 No sales of alcoholic beverages shall be made to customers outside the building.
.050 No person under the minimum age established by the State shall be permitted to sell alcoholic beverages.
.060 No exterior vending machines shall be permitted.
.070 No video, electronic or other amusement devices or games shall be permitted.
.080 No roof-mounted balloons or inflated devices shall be permitted.
.090 No outdoor storage or stacking of shopping carts shall be permitted.
.100 Any public telephones shall be inside the building and within the control of the operator of the business.
.110 All fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all windows visible to the public right-of-way.
.120 No storage, display or sales of any merchandise, fixtures or other material shall be permitted outside the building, except as may be permitted with a special event permit approved by the Planning Department.
.130 The parking lot serving the premises shall be maintained with sufficient lighting power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. The lighting shall be directed, positioned and shielded so as not to illuminate adjacent properties. A plan showing the lighting shall be submitted to the Community Services Division of the Police Department for review and approval.
.140 The property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within forty eight (48) hours from time of occurrence.
.150 All trash generated by the use shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate, and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse. The Community Preservation Division of the Planning Department shall determine the adequacy of the bins and pick-ups, and may require additional bins or pick-ups. All costs for meeting these requirements shall be paid for by the business owner.
.160 That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas.
.170 For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m.
.180 All new convenience markets or new construction within an existing market shall incorporate the following requirements into the development of the center.
.1801 That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
.1802 That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.
.1803 That an on-site trash truck turn-around area shall be provided per City Standards and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
.1804 That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits.
.1805 Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti.
.1806 That prior to final building and zoning inspection, the applicant shall:
.01 Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
.02 Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP.
.03 Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite.
.04 Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
.1807 That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). (Ord. 5920 1 (part); June 8, 2004: Ord. 5998 § 26; October 25, 2005: Ord. 6245 § 54; June 5, 2012: Ord. 6286 § 19; September 3, 2013.)
All commercial centers shall comply with the provisions of this section.
.010 All commercial centers shall adhere to the following operating conditions.
.0101 That all trash generated from this commercial retail center shall be properly contained in trash bins with lids closed at all times located within approved trash enclosures and maintained clean at all times. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner.
.0102 That wheel stops shall be properly maintained at all times.
.0103 That any loading and unloading of products associated with the commercial center shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. A plan shall be submitted to the Traffic and Transportation Manager for review and approval of any proposed loading areas.
.0104 No outdoor storage/donation bins shall be permitted other than for overflow of operable shopping carts. Carts shall be stored within the designed cart storage areas adjacent to the main entrance.
.0105 For properties with delivery areas adjacent to residential zones or residential land uses, delivery trucks shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m.
.020 All new commercial centers or new construction within an existing commercial center shall incorporate the following requirements into the development of the center.
.0201 That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. The trash storage areas shall be provided and maintained in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits.
.0202 That rooftop address numbers (minimum four (4) feet in height, two (2) feet in width and six (6) inches thick spaced twelve (12) to eighteen (18) inches) shall be provided. Said numbers shall be facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color and shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits.
.0203 That an on-site trash truck turn-around area shall be provided per City Standard and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
.0204 That the project shall provide for accessible truck deliveries on-site. Said information shall be specifically shown on plans submitted for building permits.
.0205 That a final coordinated sign program for the entire center, including specifications for the monument sign and wall signs, shall be submitted to the Planning Services Division for review and approval as to placement, design, and materials. The signage shall be designed to complement the architecture of the commercial retail center. Any decision by staff may be appealed to the Planning Commission consistent with Section 18.60.135.
.0206 Any proposed block walls at the shopping cart storage areas shall be enhanced with vines to minimize opportunities for graffiti.
.0207 Each different unit within the shopping center shall have its particular address displayed on its front and rear doors or directly above the front and rear doors. The address numbers shall be positioned so as to be readily readable from the street and shall be illuminated during hours of darkness.
.0208 That prior to final building and zoning inspection, the applicant shall:
.01 Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications.
.02 Demonstrate that the applicant is prepared to implement all non- structural BMPs described in the Project WQMP.
.03 Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite.
.04 Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs.
.0209 That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
.0210 That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-lighted and directed away from nearby residential properties to protect the residential integrity of the area. Said information shall be specifically shown on the plans submitted for building permits. Light fixtures shall be subject to the approval of the Planning Director.
.0211 That the parking lot serving the premises shall be equipped and maintained with decorative lighting of a minimum 1-foot candle to illuminate and make easily discernible the appearance and conduct of all person on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residence. (Ord. 6245 § 55; June 5, 2012: Ord. 6286 § 20; September 3, 2013: Ord. 6601 § 17; January 14, 2025.)
Uses classified as Community Care Facilities–Unlicensed (Small), Community Care Facilities–Unlicensed (Large), Sober Living Homes (Small), and Sober Living Homes (Large) are subject to the provisions of this section.
.010 Permits Required. No person, firm, corporation or other entity shall operate any Community Care Facility–Unlicensed and a Sober Living Home, regardless of size, within the City without first obtaining a valid permit.
.020 Operational Standards.
.0201 Number of Residents.
.01 Community Care Facilities–Unlicensed (Small) and Sober Living Homes (Small) shall be limited to six (6) or fewer residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine whether or not the limit of six (6) residents has been exceeded.
.02 Community Care Facilities–Unlicensed (Large) and Sober Living Homes (Large) shall have a minimum of seven (7) residents, not counting a house manager and staff. If the facility is located within a residential property that has an Accessory Dwelling Unit(s), residents of all units shall be combined to determine the total number of residents.
.0202 The facility shall not be located in an Accessory Dwelling Unit unless the primary dwelling unit is used for the same purpose.
.0203 The facility shall have a house manager who resides on site or any number of persons acting as a house manager who are present at the facility on a 24-hour basis or who will be available twenty-four (24) hours a day, seven (7) days a week to physically respond within forty-five (45) minutes notice and who are responsible for the day-to-day operation of the facility.
.0204 Parking.
.01 All garages, driveways, and/or assigned parking spaces associated with the facility shall be available for the parking of vehicles at all times.
.02 All vehicles shall be operable and be parked on-site.
.0205 Separation requirements.
.01 Community Care Facility–Unlicensed. Such facility, regardless of size, shall not be located within three hundred (300) feet, as measured from the closest property lines, of any other Community Care Facility, Unlicensed or Community Care Facility, Licensed, regardless of size.
.02 Sober Living Home. Such facility, regardless of size, shall not be located within eight hundred (800) feet, as measured from the closest property lines, of any other Sober Living Home or Alcoholism or Drug Abuse Recovery or Treatment Facility, regardless of size.
.03 Exceptions. A Community Care Facility–Unlicensed (Small) or a Sober Living Home (Small), which has been in existence prior to effective date of this ordinance, shall not be subject to the applicable separation requirement if such facility applies for a first-time Operator's Registration or Operator's Permit within one hundred and eighty (180) days of the effective date of this ordinance.
.0206 All facilities shall not provide "Care and supervision" to the residents, as defined by Section 80001(c)(3) of title 22, California Code of Regulations, as may be amended.
.0207 Sober Living Home shall not provide any of the following services as they are defined by Section 10501(a) of Title 9, California Code of Regulations, as may be amended: detoxification, educational counseling, individual or group counseling sessions, and treatment or recovery planning
.0208 The property shall be fully in compliance with all building codes, codified ordinances, and this Code.
.0209 Owners/Operators of all facilities shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies:
.01 Intake procedures
.02 Facility rules and regulations
.03 A good neighbor policy, which, at minimum, requires residents to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
.04 Eviction and involuntary termination procedures, which, at minimum, ensure the following:
a. Notification to the resident's emergency contact or contact of record.
b. Notification to the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the County to determine the services available to the resident, including, but not limited to, alcohol and drug inpatient and outpatient treatment.
c. Provision of the information obtained regarding services available to the resident and any other treatment provider or service to the resident prior to his or her release.
d. Provision of transportation to the address listed on the resident's driver license, state-issued identification card, or the permanent address identified in the resident's application or referral to the other community care facilities, sober living homes, or similar facilities.
.0210 In addition to the written policies listed in Subsection 18.38.123.20.0209 of this section, owners/operators of all Sober Living Homes shall certify under penalty of perjury that the facility has and will implement the following written procedures and policies:
.01 An active program participation policy that requires all residents, other than the house manager, to actively participate in legitimate recovery programs located off-site. The sober living home operator shall maintain current records of program attendance.
.02 A visitation policy that preclude any visitors who are under the influence of any drug or alcohol.
.03 Controlled substance policy, which, at minimum, states the prohibition of the use of any alcohol or any non-prescription drugs at the facility or by any resident either on- or off-site and the posting of such policy on-site in a common area inside the dwelling unit.
.0212 The facility operator shall maintain records for a period of one (1) year following eviction from or involuntary termination of residency of an resident that documents compliance with Subsection 18.38.123.20.0209.04 of this section; provided, however, that nothing herein shall require the operator to violate any provision of State or Federal law regarding confidentiality of health care information.
.0213 Exception. Community Care Facilities, Unlicensed and Sober Living Homes may seek relief from the strict application of Subsection 18.38.123.20 of this section by submitting a request setting forth specific reasons as to why accommodation over and above this section is necessary under State and Federal laws, pursuant to Section 18.62.090 (Request for Reasonable Accommodation). (Ord. 6493 § 20; September 29, 2020.)
An Emergency Shelter, as defined in Section 50801(e) of the California Health and Safety Code, and/or Recuperative Care/Medical Respite Uses, as defined by subsection .180 of Section 18.36.040 (Non-residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, shall comply with all of the following provisions:
.010 Location. An Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Separation, Approval, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may be located on any parcel:
.0101 Designated by the General Plan for Industrial land use; and,
.0102 Within the Industrial (I) Zone or Development Areas 1 and 2 of the Anaheim Canyon Specific Plan No. 2015-01 (SP 2015-01) Zone.
.0103 Supportive and Transitional Housing, as defined by subsections .110 and .120 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter, subject to the requirements of subsection 18.38.125.080 (Supportive and Transitional Housing) of this Chapter 18.38 (Supplemental Use Regulations).
.020 Separation. An Emergency Shelter and/or Recuperative Care/Medical Respite use is prohibited on parcels that meet any of the criteria below, unless otherwise approved by a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required).
.0201 Parcels within 300 feet, measured from the property line, from any other Emergency Shelter and/or Recuperative Care/Medical Respite use,
.0202 Parcels within 1000 feet, measured from the property line, from any property designated for residential use by the Anaheim General Plan, including any mixed-use designation that permits residential uses,
.0203 Parcels within 1000 feet, measured from the property line, from any public or private school serving a minor population, any day-care center and any assisted-living facility.
.030 Approval. The following shall be the approval process for an Emergency Shelter and/or Recuperative Care/Medical Respite use that meets the Location, Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite):
.0301 A single Emergency Shelter housing up to 50 occupants, a single Recuperative Care/Medical Respite use housing up to 50 occupants, or a combination of multiple Emergency Shelters and/or Recuperative Care/Medical Respite uses with a combined capacity not to exceed 50 occupants, shall be a permitted use.
.0302 Approval of an Emergency Shelter during a Shelter Crisis. The City Manager is the approval authority for the first 425 shelter beds developed in a single Emergency Shelter or combination of Emergency Shelters following the City Council's adoption of Resolution No. 2018- 118 ("Shelter Crisis").
.01 The City Manager's approval shall be pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a detailed Operations Plan for the proposed shelter(s).
.02 The City Manager may also approve the relocation/replacement of the first 425 shelter beds, permitted during a Shelter Crisis, in another Emergency Shelter or combination of Emergency Shelters. The City Manager's approval of relocation/replacement beds shall be pursuant to a written agreement with the property owner or Emergency Shelter Operator, which must include a description of how the relocation/replacement will be sequenced, including the date the existing beds will cease to be in use and the date the relocated/replaced beds will be in use. In addition, the property owner or Emergency Shelter Operator shall submit a detailed Operations Plan for the proposed new location of shelter(s) which outlines the property owner's or Emergency Shelter Operator's plans to comply with the Separation, Facility, and Operations Plan requirements of this Section 18.38.125.
.0303 Religious and Community Assembly Uses may establish on site Emergency Shelters for up to 50 occupants without the need to amend an existing conditional use permit or apply for a new conditional use permit.
.0304 Any other Emergency Shelter and/or Recuperative Care/Medical Respite use shall be subject to approval of a Conditional Use Permit consistent with Chapter 18.66 (Conditional Use Permits).
.0305 The Separation, Facility and Operations Plan requirements of this Section 18.38.125 (Emergency Shelters and Recuperative Care/Medical Respite) may be modified through the approval of a conditional use permit consistent with Chapter 18.66(Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required).
.040 Facility. All Emergency Shelters and/or Recuperative Care/Medical Respite uses shall comply with Title 15 (Buildings and Housing) of the Anaheim Municipal Code, and the following requirements, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits) and subsection 18.38.125.060 (Additional Findings Required):
.0401 Exterior lighting. Exterior lighting plans shall be provided for the entire outdoor area of the site and shall be subject to review and approval by the Planning and Building and Police Departments.
.0402 Waiting area. A waiting area shall be provided to accommodate all potential clients prior to and during the intake process. The waiting area may be located either inside or outside of the facility and shall be of a sufficient size to accommodate clients of the facility. If the waiting area is located outside of the Emergency Shelter building, the area shall be in a location not adjacent to the public right of way, shall be visually separated from public view by a minimum 6foot tall screening of mature landscaping or by a minimum 6-foot tall decorative masonry wall, and shall provide shade and protection from the elements.
.0403 Any outdoor storage, including, but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view. Any outdoor storage areas provided shall be screened from public view by a minimum 6-foot tall wall screened by landscaping or by a minimum 6-foot tall decorative masonry wall.
.0404 Kitchen facilities and a designated dining area shall be provided for the preparation and serving of meals for clients and staff.
.0405 The facility may provide the following services; however, these services shall be in a designated area separate from sleeping areas:
.01 Indoor and outdoor recreation facilities.
.02 A counseling center for job placement and/or educational, legal, or mental and physical health services.
.03 Laundry facilities to serve the clients at the shelter.
.04 Other similar facilities and services geared towards the needs of homeless clients.
.050 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director and Police Chief, or their designee, prior to the operation of the Emergency Shelter, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director or Chief. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following:
.0501 Staffing and Volunteers. The Operations Plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include:
.01 24-hour security. Security staffing for both on and off-site needs.
.02 Staff and Volunteer Training. A training program shall be developed for staff and volunteers to provide adequate knowledge and skills necessary to assist clients to advance in the continuum of care.
.0502 Admittance and Discharge Procedures. The Operations Plan shall describe the proposed system for daily admittance and discharge procedures. A screening program to determine client eligibility is required. The facility shall also utilize the Orange County region's current Homeless Management Information System.
.0503 Communications and Outreach. The Operations Plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public.
.0504 Prohibition of alcohol and narcotics use. The Operations Plan shall indicate that the facility shall prohibit alcohol and narcotics use on premises and describe the measures that the operator will take to enforce this prohibition.
.0505 Loitering control. The Operations Plan shall describe the measures the operator will implement to minimize the congregation of clients in the vicinity of the facility.
.0506 Litter control. The Operations Plan shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility.
.060 Additional Findings Required. Before the approval authority, or City Council on appeal, may approve modifications to the requirements of this Section through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits), it must make a finding of fact, by resolution or written decision, that the evidence presented shows that the following conditions exists:
.0601 That the City Council has declared that a shelter crisis exists pursuant to California Government Code Section 8698 et seq., as the same may be amended from time to time;
.0602 That strict compliance with the requirements of this Separation, Facility and Operation Plan requirements of this Section would prevent, hinder, or delay the City's participation in the Homeless Emergency Aid Program established by Senate Bill 850 (2017-2018 Reg. Sess.) and/or the mitigation of the effects of a Shelter Crisis.
.070 Recuperative Care/Medical Respite. Recuperative Care/Medical Respite uses shall be subject to the following requirements:
.0701 Operator. The name of the Operator of the Recuperative Care/Medical Respite use shall be provided along with a summary of the Operator's experience operating similar facilities. The Operator shall comply with all State and/or Federal licensing requirements and the standards specified in the latest version of the Standards for Recuperative Care/Medical Respite Programs, prepared by the National Health Care for the Homeless Council. A conditional use permit shall not be granted for a Recuperative Care/Medical Respite use without an Operator identified at the time of application submittal.
.0702 Operations Plan. An Operations Plan shall be submitted for review and approval by the Planning and Building Director, or their designee, prior to the operation of the Recuperative Care/Medical Respite facility, or in the case of a conditional use permit, as part of the application for said permit. The Operations Plan may be required to address additional specific needs as identified by the Director. The approved Operations Plan shall remain active throughout the life of the facility. At a minimum, the Operations Plan shall contain provisions addressing the following, which may be modified through the approval of a conditional use permit consistent with Chapter 18.66 (Conditional Use Permits):
.01 Community, Government, or Licensed Medical Facility Agreement. A Memorandum of Understanding (MOU) or other written agreement with a local area community, government, or licensed medical facility that establishes a reciprocal relationship for referring and admitting patients between the medical facility and the Recuperative Care/Medical Respite facility.
.02 Access to Oxygen. A description of the Recuperative Care/Medical Respite facility's access to oxygen and plan for providing oxygen to occupants of the facility.
.03 Staffing Levels. A detailed description of the number and type of employees and contract staff, including on-call medical staff, of the Recuperative Care/Medical Respite facility.
.0703 Client Eligibility. The Operator shall provide short term care and case management to individuals who are homeless or at risk of being homeless who have been referred by or discharged from a government, community or licensed medical facility, and who are recovering from an acute illness or injury that does not necessitate hospitalization during recovery. All clients shall be transported to the Recuperative Care/Medical Respite use by the referring agency, Operator or family members. No "walk-in" clients shall be accepted at the facility.
.0704 Six (6) Month Review. Recuperative Care/Medical Respite uses shall be subject to a six (6) month review, commencing from the date of occupancy of a facility, as follows:
.01 Up to fifty (50) occupants. Facilities with up to fifty (50) occupants shall be subject to review by the Planning and Building Director. Surrounding properties within a 500-foot radius of the subject property shall be notified ten (10) days advance of the Planning and Building Director's review. Future compliance reviews may be required if significant violations are identified. The applicant shall pay for the cost of staff's processing of the review. The Planning and Building Director may refer applications for facilities with up to fifty (50) occupants to the Planning Commission in accordance with Section 18.60.080 (Planning Director Reviews).
.02 Over fifty (50) occupants. Facilities with over fifty (50) occupants shall be subject to review by the Planning Commission. Planning and Building Department staff shall submit to the Planning Commission a "Reports and Recommendations" (R&R) item in order to verify that an approved Recuperative Care/Medical Respite use is operating without negative impacts to the surrounding neighborhood. Surrounding properties within a 500-foot radius of the property shall be notified ten (10) days in advance of the Planning Commission meeting and the applicant shall pay for the cost of processing the R&R item. Future compliance reviews may be required if significant violations are identified or if required by the Planning Commission. Additional conditions of approval may be added as determined appropriate.
.080 Supportive and Transitional Housing. Supportive and Transitional Housing, as defined by subsections .110 and .120 of Section 18.36.030 (Residential Primary Use Classes) of Chapter 18.36 (Types of Uses) of Title 18 (Zoning) of the Anaheim Municipal Code, may be co-located with an Emergency Shelter subject to the requirements of this Section 18.38.125 including approval of a Memorandum of Understanding (MOU) and a Conditional Use Permit (CUP), with the exception of a units approved during a Shelter Crisis, as further described below.
.0801 Approval of Supportive and Transitional Housing during a Shelter Crisis. The City Manager is the approval authority for the first 100 units of Supportive and Transitional Housing co-located with an Emergency Shelter following the City Council's adoption of Resolution No. 2018-118 ("Shelter Crisis"). The City Manager's approval shall be pursuant to a written agreement with the property owner or housing operator, which must include a detailed Operations Plan for the proposed housing prepared pursuant to the requirements of paragraph 18.38.125.080.0810.
.0802 Memorandum of Understanding (MOU) Required. The permitted location and distribution of Supportive and/or Transitional Housing units proposed to be co-located with an Emergency Shelter, pursuant to subsection 18.38.125.080, shall be determined on a project-by-project basis by the City Council through a MOU between the applicant and the City to ensure the equitable and appropriate distribution of units throughout the city in relation to other forms of housing and services offered to the intended target population. The applicant shall enter into the MOU with the City prior to the Planning Commission's review of the CUP application. The applicant shall request an MOU by submitting a Development Application to the Planning and Building Department. The application shall include a Preliminary Site Plan and Project Description that describe the following:
.01 Target population.
.02 Maximum number of residents.
.03 Maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period.
.04 Maximum number of units.
.05 Maximum number of bedrooms in the proposed units.
.06 Size and type of common areas, including recreational/leisure areas and kitchen facilities/dining areas.
.07 Preliminary plan for funding and providing "Wrap around and Supportive Services".
.0803 Conditional Use Permit Required. Following, or concurrent with, a request for approval of an MOU for Supportive and/or Transitional Housing proposed to be co-located with an Emergency Shelter, the property owner shall submit a Development Application for approval of a CUP consistent with Chapter 18.66 and the requirements of this subsection 18.38.125.080 (Transitional and Supportive Housing). The CUP will not be reviewed by Planning Commission prior to the City Council's approval of the MOU. The Development Application shall include plans and documents to establish the following:
.01 Development Standards. Plans shall demonstrate compliance with the underlying Zone in which the property is located. Any modification of these development standards, including, but not limited to, parking as required by 18.42 (Parking and Loading), shall be processed as part of the CUP and meet the findings in 18.38.125.080.0802. The applicant shall provide justification for any modification of standards as part of the Development Application.
.02 Design Considerations. Plans shall demonstrate consistency with the General Plan Community Design Element and the City of Anaheim Affordable Housing Development Residential Design Guidelines.
.03 Maximum Occupancy. The CUP shall establish and memorialize the total maximum occupancy for all staff, volunteers and residents of the Supportive and/or Transitional Housing units.
.04 Operations Plan. The Development Application shall include a preliminary Operations Plan prepared pursuant to the requirements of paragraph 18.38.125.080.0810. The Planning and Building Director, and/or their designee, shall approve the final Operations Plan prior to issuance of Building Permits.
.0804 Conditional Use Permit Findings. Approval of the CUP is subject to the required findings pursuant to Chapter 18.66 (Conditional Use Permits), and the following findings:
.01 The Supportive and/or Transitional Housing proposed meets all of the provisions of this section; and, (1) achieves a high level of livability for residents, (2) is designed and would be operated in such a manner as to be compatible with surrounding uses, and (3) is consistent with the City's goals and policies to address homelessness and find creative housing solutions.
.02 The Supportive and/or Transitional Housing proposed in accordance with this section must demonstrate the living units are of sufficient size and design to provide a quality living environment, and the project includes common recreation and community facilities such as, but not limited to, community rooms, community gardens, facilities for pets, barbeque areas, and active and passive recreation areas.
.03 The project site is reasonably accessible to necessary services, including grocery stores (ideally within one mile), transit stops (ideally within half mile), and medical facilities (ideally within one mile) and/or that shuttle service will be provided by the operator to such services.
.0805 Affordability Covenant. Prior to issuance of building permits, the property owner(s) shall execute and record affordability covenants with the City of Anaheim, agreeing to the requirements of this section. The covenants shall be acceptable to, and approved by, the Community and Economic Development Department and the City Attorney's Office, and shall include, but need not be limited to, the following provisions:
.01 Identification of the affordable units.
.02 The initial rent for each unit.
.03 The method of calculating periodic rental increases.
.04 A minimum term of thirty (30) years on the control of rent for the housing units or other specified term as may be required by the project funding.
.05 The right of the Community and Economic Development Department to supply, or otherwise approve, the qualifications of the low-income households who will rent the housing units.
.0806 Affordability Mix. The affordability mix for Supportive and Transitional Housing shall be dictated by the affordable housing funding program requirements and as approved by the Community and Economic Development Department pursuant to a written agreement and the affordability covenants required in subsection 18.38.125.080.0807.
.01 The term "Extremely Low Income Households," as used in this section shall mean households having an income not exceeding thirty percent (30%) of the median family income, adjusted for family size.
.02 The term "Very Low Income Households," as used in this section shall mean households having an income not exceeding fifty percent (50%) of the median family income, adjusted for family size.
.03 The term "Low Income Households," as used in this section shall mean households having an income not exceeding sixty percent (60%) of the median family income, adjusted for family size.
.0807 Maximum Rents. Maximum rents shall be determined by the applicable affordable housing funding programs. To the extent of an inconsistency between or among the funding programs relating to affordable rent and other covenants or agreements applicable to the project, the most restrictive covenants or agreement regarding the affordable rent for the housing units in the project shall prevail.
.0808 Anaheim Preference. Offering and maintaining an Anaheim preference is a priority for the City. The following provisions shall apply:
.01 At a minimum, for the purposes of admissions into a unit, an Anaheim preference shall apply to the greater of a proportionate share of Supportive and/or Transitional Housing units at the site when there is a combination of funding sources for said units, such as government sponsored funds.
.02 When Anaheim funding is the only or primary source of gap funding, a live/work preference shall apply to all assisted units.
.03 For potential residents who are homeless at the time of application, an Anaheim preference may be granted if the individuals can demonstrate a connection to Anaheim as outlined in admissions guidelines established for the Anaheim Housing Choice Voucher (HCV) Program.
.04 For the purposes of this paragraph 18.38.125.080.0807, the application process begins upon receipt of a referral to an open unit, which includes an imminent opening at the property that an individual is considering. In order to be eligible for a preference at the time of referral, potential residents must be able to demonstrate an Anaheim connection in order to be eligible for a preference at the time of referral.
.05 The Anaheim preference shall be memorialized in the Affordability Covenant.
.0809 Marketing and Tenant Selection Plan Required. Prior to occupancy of any Supportive and/or Transitional Housing Unit, a Marketing and Tenant Selection Plan shall be submitted to and approved by the Community and Economic Development Department. The Plan shall outline steps to be taken to affirmatively market housing units at the project. Procedures shall address outreach to stakeholders who interface with the target population for this type of housing and as needed, address language issues. All procedures must be in compliance with federal fair housing laws and include recordkeeping methods that will permit the Community and Economic Development Department to audit compliance in this area. Changes to the Plan are subject to the review and approval of and must be submitted to and approved by the Community and Economic Development Department prior to implementation of such a change.
.0810 Operations Plan. The Operations Plan shall be a detailed plan and strategy for the longterm operation, maintenance, repair, security, social/supportive services, marketing of the project, method of selection of tenants, rules and regulations for tenants, and other rental and operational policies for the project. The Operations Plan may be required to address additional specific needs as identified by the Planning and Building Director and the Police Chief. The approved Operations Plan shall remain active throughout the life of the facility. Any modifications to the Operations Plan shall require approval of the Planning and Building Director and the Police Chief. At a minimum, the Operations Plan shall contain provisions addressing the following:
.01 Staffing. The operations plan shall indicate the maximum and minimum number of staff and/or volunteers that will be at the facility during any one time during a twenty-four (24) hour period and a justification for the proposed staffing levels. The proposed staffing shall include:
a) An on-site manager. The operations plan shall include a detailed description of the manager's duties and responsibilities to ensure the proper and orderly operation of the facility in a manner that serves the needs of residents, staff, and service providers while minimizing potential impacts on surrounding uses.
b) 24-hour security staffing for both on and off-site needs. The on-site manager may provide the security staffing, subject to the approval of the Police Chief.
.02 Funding and provision of Wrap-Around Supportive Services for the residents. The term "Wrap-Around Supportive Services" shall mean a holistic program of support services provided as an ancillary use to Transitional and Supportive Housing to stabilize an individual or a family. The services can be provided in a collaborative manner by a number of organizations and commonly include services related to mental health, counseling, medical care, drug rehabilitation, parenting, budgeting and life skills, and educational and job training.
.03 Communications and Outreach. The operations plan shall describe the efforts that will be made by the operator to maintain good communication and respond to operational issues, which may arise from the neighborhood, City staff, or the general public.
.04 Loitering control. The operator shall describe the measures that it will implement to minimize the congregation of residents near the facility.
.05 Litter control. The operator shall describe the measures that the facility will take to remove any litter and trash attributable to the clients within the vicinity of the facility. (Ord. 6234 § 2 (part); February 28, 2012: Ord. 6358 § 4; February 9, 2016: Ord. 6450 § 1; November 20, 2018: Ord. 6459 § 3 (part); March 5, 2019: Ord. 6475 § 1; January 14, 2020: Ord. 6602 §§ 6, 7; January 28, 2025.)
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