2002-158RESOLUTION NO. 2002R-158
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING VARIANCE
NO. 2002-04499.
WHEREAS, after a request for variance was received to
permit a 23-unit, two to three-story, affordable "special needs"
apartment complex, a public hearing before the Planning Commission
of the City of Anaheim was held upon due and proper notice, a
result of which Variance No. 2002-04499 was granted covering the
following described property:
THAT PORTION OF THE WEST ONE-HALF OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SECTION 13, IN TOWNSHIP 4
SOUTH, RANGE 11 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID WEST ONE-
HALF, 100 FEET WEST ON THE SOUTHEAST CORNER THEREOF; THENCE
WEST ALONG SAID SOUTH LINE 100 FEET, THENCE NORTH PARALLEL
WITH THE EAST LINE OF SAID WEST ONE-HALF, 365 FEET TO THE
NORTH LINE OF THE LAND CONVEYED TO BOLLY B. BOYKIN AND
WIFE, BY DEED RECORDED DECEMBER 24, 1948 IN BOOK 1779 PAGE
81, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID ORANGE COUNTY, THENCE EAST ALONG THE NORTH LINE OF
SAID LAND CONVEYED TO BOYKIN AND WIFE, 100 FEET, THENCE
SOUTH 365 FEET TO THE POINT OF BEGINNING.
NOTE: SAID LAND IS SHOWN ON A MAP OF SURVEY, RECORDED
NOVEMBER 26, 1948 IN BOOK 20 PAGE 7, RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and
WHEREAS, thereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said Planning Comraission action at a public hearing
noticed and held as prescribed by law and, as a result thereof, the
City Council does hereby make the following findings:
1. That the petitioner proposes waivers of the following
provisions to construct a 23- unit two to three-story, affordable
"special needs" apartment complex:
Sections 18.06.050.010.012.0121
Minimum number, type, and
design of off-street
parkinq and 18.34.066.01
spaces.
(Required: total 30
spaces, including 23
covered spaces;
Proposed: total 23 spaces,
including 4 covered spaces)
Section 18.34.062.010.011
Maximum structural heiqht.
(2 stories permitted;
stories proposed)
Section 18.34.062.030.032
Minimum dwellinq unit size.
(Maximum 20% (5 units) of
the 23 units permitted to be
bachelor units; 95% (22
units) proposed to be
bachelor units)
Section 18.34.063.020.028
Minimum structural setback
abuttinq one-family
residential developments.
(20-foot landscaped setback
required; 5 to 16 feet
proposed adjacent to a one-
family dwelling in the
RS/A-43,000
"Residential/Agricultural"
zone to the east)
Sections 18.99.030.020 -
and 18.99.050,
and California Government Code
Additional incentives in
lieu of a density bonus.
(Permitted for Eligible
Housing Developments:
maximum 25% deviation from
applicable development
standards; Section 65915,
et seq. Proposed:
deviations exceeding 25%
proposed for waivers (b),
(c) and (d))
2. That waiver (a), minimum number, type and design of off-
street parking spaces, is hereby approved on the basis of the
parking study submitted by the petitioner and discussed in
paragraph (22) of the Staff Report to the Planning Commission
dated May 20, 2002, and the conclusions contained therein; and
that the parking study analyses the parking demand for this
specific affordable "special needs" apartment complex based on
similar existing housing projects which the applicant (Mercy
Housing California) has developed.
3. That the parking waiver, under the conditions
imposed, .will not cause fewer off-street parking spaces to be
provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such
use under the normal and reasonably foreseeable conditions of
operation of the use.
4. That the parking waiver, under the conditions
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imposed, will not increase the demand and competition for
parking spaces upon the public streets in the immediate
vicinity of the proposed use.
5. That the parking waiver, under the conditions
imposed, will not increase the demand and competition for
parking spaces upon adjacent private property in the
immediate vicinity of the proposed use (which property is not
expressly provided as parking for such use under an agreement
in compliance with Section 18.06.010.020 of the Anaheim
Municipal Code).
6. That the parking waiver, under the conditions imposed,
will not increase traffic congestion within the off-street parking
areas or lots provided for such use.
7. That the parking waiver, under the conditions imposed,
will not impede vehicular ingress to or egress from adjacent
properties upon the public streets in the immediate vicinity of
the proposed use.
8. That granting of the parking waiver shall be deemed
contingent upon operation of the approved use in conformance with
the assumptions relating to the operation and intensity of the use
as contained in the parking demand study that formed the basis for
approval of said waiver. Exceeding, violating, intensifying or
otherwise deviating from any of said assumptions as contained in
the parking demand study shall be deemed a violation of the
express conditions imposed upon said variance which shall subject
said variance to termination or modification pursuant to the
provisions of Sections 18.03.091 and 18.03.092 of the Anaheim
Municipal Code.
9. That, in accordance with subsection .030 "Selection of
Additional Incentive" of Section 18.99.090 or the Anaheim
Municipal Code, the selected Additional Incentives, waivers (b),
(c), (d) and (e), will contribute significantly to the ability of
the Eligible Housing Development to provide housing to Lower
Income Households and Very Low Income Households at an Affordable
Housing Cost; that each selected Additional Incentive will be
compatible with the character o~ the Eligible Housing Development
and to the surrounding area, relative to other Additional
Incentives which might be granted; and that the selected
Additional Incentives will not have a detrimental impact on
services and infrastructure, such as traffic volumes and road
capacities, school enrollments, recreational resources and parks
and water, sewer and storm drain facilities, and will be
compatible with the public health, safety and welfare.
10. That, in accordance with subsection .020 "Findings" of
Section 18.99.090, the applicant has proposed construction of an
Eligible Housing Development; that the applicant has demonstrated
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that each Additional Incentive granted to the applicant is
necessary to make the proposed housing project economically
feasible to provide for Affordable Housing Costs; that the
Additional Incentives granted will further the City's affordable
housing goals as set forth in the Housing Element of the City's
General Plan; and that each Additional Incentive granted will
not, on balance, be detrimental to the public health, safety and
welfare, and shall not cause injury to property in the immediate
vicinity of the Eligible Housing Project.
1t. That the above-mentioned waivers (b), (c), (d) and (e)
(maximum structural height, minimum dwelling unit size, minimum
structural setback abutting one-family residential developments
and additional incentives in lieu of a density bonus) are hereby
granted on basis that there are special circumstances applicable
to the property consisting of its shape, location and surroundings
which do not apply to other identically zoned property in the same
vicinity; and that strict application of the Zoning Code deprives
the property of privileges enjoyed by other properties in the
identical zone and classification in the vicinity.
12. That the requested variance, under the conditions
imposed, will not be materially detrimental to the public welfare
or injurious to the property or improvements in the vicinity and
zone in which the property is located.
13. That five people spoke in favor of the proposal at the
public hearing; that three letters in favor were received from an
adjacent neighbor, and from CHOC-Choco Realty Corporation and the
Orange County Community Housing Corporation; and that a petition
containing 46 signatures was submitted in favor of the proposal.
14. That no one indicated their presence at the public
hearing in opposition to the proposal; and that no correspondence
in opposition was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim City Council has reviewed the proposal for waivers of (a)
minimum number, type, and design of off-street parking spaces, (b)
maximum structural height, (c) minimum dwelling unit size, (d)
minimum structural setback abutting one family residential
developments and (e) additional incentives in lieu of a density
bonus, to construct a 23-unit, 2 to 3-story, affordable "special
needs" apartment complex in the RM-1200 (Residential, Multiple-
Family) zone on a rectangularly-shaped 0.77-acre parcel having a
frontage of 100 feet on the north side of Ball Road and a depth of
335 feet, being located 465 feet east of the centertine of Dale
Avenue, and further described as 2761 West Ball Road; and does
hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency
and that it has considered the Negative Declaration together with
any comments received during the public review process and further
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finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project
will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City
Council does hereby grant subject Petition for Variance, upon the
following conditions which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order
to preserve the safety and general welfare of the citizens of the
City of Anaheim:
1. That the legal property owner shall submit an application to
the Public Works Department, Development Services Division, for a
Subdivision Map Act Certificate of Compliance; and that the
Certificate org a Conditional Certificate of Compliance shall be
approved by the City Engineer and recorded in the Office of the
Orange County Recorder.
2. That the property owner shall comply with Chapter 18.60
"Transportation Demand" of the Anaheim Municipal Code (Ordinance
No. 5209 and Resolution No. 91R-89) relating to Transportation
Demand Management ("TDM") strategies by joining and participating
in the Anaheim Transportation Network ("ATN") for a minimum of
thirty (30) years and developing a TDM program consistent with the
demographics of the labor force.
3. That the property owner/manager shall purchase seven (7)
monthly bus passes, which shall be available to on-site residents
for the next thirty (30) years from the date of this resolution.
4. That the developer shall submit a water quality management plan
("WQMP") specifically identifying the best management practices
that will be used on-site to control predictable pollutants from
storm water runoff. The WQMP shall be submitted to the Public
Works Department, Development Services Division, for review and
approval.
5. That the developer shall pay the Sewer Capacity Mitigation Fee
for the West Anaheim Area.
6. That gates shall not be installed across the driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall conform
to Engineering Standard Plan No. 609 and shall be subject to
review and approval by the City Traffic and Transportation Manager
prior to issuance of a building permit.
7. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing conformance
with the most current versions of Engineering Standard Plan Nos.
436, 601 and 602 pertaining to parking standards and driveway
locations. Subject property shall thereupon be developed and
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maintained in conformance with said plans.
8. That no required parking area shall be fenced or otherwise
enclosed for storage or other non-parking uses.
9. That no "compact" or "small car" parking spaces shall be
permitted.
10. That an on-site trash truck turn around area shall be provided
in accordance with Engineering Standard Detail No. 610 on plans as
required by the Department of Public Works, Street Sweeping and
Sanitation Division. Said information shall be specifically shown
on the plans submitted for building permits.
11. That plans shall be submitted to the City Traffic and
Transportation Manager for review and approval showing conformance
with Engineering Standard No. 137 pertaining to sight distance
visibility for sign and/or wall/fence locations.
12. That trash storage area(s) shall be provided and maintained in
location(s) acceptable to the Public Works Department, Streets and
Sanitation Division, in accordance with approved plans on file
with said Department. Said storage area(s) 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 (t) gallon sized clinging vines
planted on maximum three (3) foot centers or tall shrubbery. Said
information shall be specifically shown on the plans submitted for
building permits.
13. That a plan sheet for solid waste storage and collection and a
plan for recycling shall be submitted to the Public Works
Department, Streets and Sanitation Division, for review and
approval.
14. 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 the plans submitted for building permits. The
plans shall identify the specific screening treatment of each
device (i.e., landscape screening, color of walls, materials,
identifiers, access points, etc.); and said plans shall be
subject to review and approval by the appropriate City
departments.
15. That all requests for new water services or fire lines, as
well as any modifications, relocations, or abandonment of existing
water services and fire lines, shall be coordinated through the
Water Engineering Division of the Anaheim Public Utilities
Department.
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16. That a private water system with separate water service for
fire protection and domestic water shall be provided. Said
information shall be specifically shown on the plans submitted for
building permits.
17. That the property owner/developer shall irrevocably offer to
dedicate to the City of Anaheim an easement twenty (20) feet in
width for water service mains and/or an easement for large meters
and other public water facilities.
18. That because this project has landscaped areas exceeding two
thousand five hundred (2,500) square feet, a separate irrigation
meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency' of the Anaheim Municipal Code
(Ordinance No. 5349). Said information shall be specifically
shown on the plans submitted for building permits.
19. That prior to application for water meters or a fire line, or
prior to submitting the water improvement plans for approval, the
developer/owner shall submit to the Public Utilities Department,
Water Engineering Division, an estimate of the maximum fire flow
rate and maximum day and peak hour water demands for the project.
This information will be used to determine the adequacy of the
existing water system to provide the estimated water demands. Any
off-site water system improvements required to serve the project
shall be in accordance with Rule No. 15A.6 of the Water Utility
Rates, Rules and Regulations.
20. That the property owner/developer shall install street lights
on Ball Road as required by the Electrical Engineering Division.
A bond for the installation of the street lights shall be posted
with the City of Anaheim. The street lights shall be installed
prior to issuance of the first certificate of occupancy.
21. That the property owner/developer shall provide the City of
Anaheim with a public utilities easement to be determined as
electrical design is completed.
22. That any required relocation of City electrical facilities
shall be at the developer's expense. Landscape and/or hardscape
screening of all pad mounted equipment shall be required and shall
be shown on the plans submitted for building permits.
23. That the property shall be permanently maintained in an
orderly fashion through the provision of regular landscaping
maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
24. That final building elevation plans (including materials and
colors), courtyard landscaping plans, site landscaping plans,
mechanical/equipment plans and sign plans for the subject property
shall be submitted to the Zoning Division for review and approval.
Final landscaping plans shall show minimum twenty four (24) to
thirty six (36) inch box sized tzees planted on maximum twenty
(20) foot centers. Any decision made by the Zoning Division
regarding said plans may be appealed to the Planning Commission
and/or City Council.
25. That any tree planted on-site shall be replaced in a timely
manner in the event that it is removed, damaged, diseased and/or
dies.
26. That street trees shall be installed by the property owner
within the public right-of-way adjacent to Ball Road if required
by the Urban Forestry Division of the Community Services
Department. The size, type and number of trees shall be provided
to the satisfaction of the Urban Forestry Division.
27. That all air conditioning facilities and other roof and
ground-mounted equipment shall be properly shielded from view and
the sound buffered from adjacent residential properties and the
public right-of-way. Such information shall be specifically shown
on the plans submitted for building permits.
28. That lighting fixtures for the proposed surface parking area
located adjacent to any residential property shall be down-lighted
with a maximum height of twelve (12) feet. Said lighting fixtures
shall be directed away from any adjacent residential property
lines to protect the residential integrity of the area; and that
said information shall be specified on the plans submitted for
building permits.
29. That four (4) foot high street address numbers shall be
displayed on the roof of the building in a contrasting color to
the roof material. The numbers shall not be visible to the
adjacent street or properties. Said information shall be
specifically shown on the plans submitted for building permits.
30. That this Variance is granted subject to adoption of a zoning
ordinance in connection with Reclassification No. 2002-00072, now
pending.
31. That the applicant shall agree to construct, operate and
maintain the Affordable Units in accordance with a written
"Affordability Agreement" between the applicant and the City, in a
form acceptable to the City Attorney and the Community Development
Department, duly executed and acknowledged by the applicant and
the City, and recorded against the subject property in the
official records of Orange County, California. The Affordable
Units shall be subject to the requirements of the Affordability
Agreement for a period of thirty (30) years, beginning on the date
a certificate of occupancy is granted for the Affordable Units.
32. That subject property shall be developed substantially in
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accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos. 1, 2, 3, 4, 5, 6, 7, 8 and
9, and as conditioned herein.
33. That prior to issuance of a building permit or within a period
of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. I, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16,
18, 20, 21, 22, 24, 27, 28, 29, 30, 31 and 36, herein-mentioned,
shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
34. That prior to final building and zoning inspections, Condition
Nos. 26 and 32, above-mentioned, shall be complied with.
35. That approval of this application constitutes approval of the
proposed request only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable City, State
and Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding any
other applicable ordinance, regulation or requirement.
36. That an unsubordinated convenant shall be recorded on the
property restricting its use to either special needs or senior
citizen's housing; provided, however, that if the development
changes from a special needs project to a senior citizen's or
other similar type of multiple-family housing, said change shall
be subject to review and approval by the Planning Commission at a
no~iced public hearing. Said covenant shall be reviewed and
approved as to form by the City Attorney's office then recorded in
the Office of the Orange County Recorder. A copy of the recorded
covenant shall be submitted to the Zoning Division.
BE IT FURTHER RESOLVED that the City Council of the City
of Anaheim does hereby find and determine that adoption of this
Resolution is expressly predicated upon applicant's compliance
with each and all of the conditions hereinabove set forth. Should
any such condition, or any part thereof, be declared invalid or
unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein
contained, shall be deemed null and void.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 2nd day of July, 2002.
ATTEST:
CITY CL~K OF'THE CITY OE ANAHEIM
45356.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-158 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 2nd day of July, 2002, by the following vote of the members
thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Tait, Kring, Daly
NOES:
MAYOR/COUNCIL MEMBERS: None
ABSENT:
MAYOR/COUNCIL MEMBERS: None
cITY CLERI~OF TI-:iE CITY OF ANAHEIM
(SEAL)