2003-009RESOLUTION NO. 2003~-9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING CONDITIONAL
USE PERMIT NO. 2002-04622.
WHEREAS, the City Planning Commission of the City of Anaheim did receive an
application for a conditional use permit with a waiver of certain provisions of the Anaheim
Municipal Code to convert an existing 117-unit motel to an 84-unit 'affordable' senior citizens'
apartment complex with a density bonus upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described as:
THE WEST 125.00 FEET OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE
11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE NORTH 66 FEET, AS
CONVEYED TO THE STATE OF CALIFORNIA BY DEED
RECORDED IN BOOK 4031, PAGE 152, OFFICIAL RECORDS;
and
WHEREAS, the City Planning Commission did hold a public hearing upon said
application at the City Hall in the City of Anaheim, notices of which public hearing were duly given
as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code;
and
WHEREAS, said Commission, after due inspection, investigation and studies made
by itself and in its behalf and after due consideration of all evidence and reports offered at said
hearing, did adopt its Resolution No. PC2002-169 granting Conditional Use Permit No. 2002-
04622; and
WHEREAS, thereafter, within the time prescribed by law, an interested party or the
City Council, on its own motion, caused the review of said Planning Commission action at a duly
noticed public hearing; and
WHEREAS, at the time and place fixed for said public hearing, the City Council did
duly hold and conduct such hearing and did give all persons interested therein an opportunity to be
heard and did receive evidence and reports; and
WHEREAS, the City Council finds, after careful consideration of the
recommendations of the City Planning Commission and all evidence and reports offered at said
hearing, that:
1. The proposed use is properly one for which a conditional
use permit is authorized by the Anaheim Municipal Code.
2. The proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
3. The size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
4. The traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
5. The granting of the conditional use permit under the conditions imposed will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
WHEREAS, the City Council does further find with regard to the hereinafter
specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed
waiver of off-street parking requirements, as follows:
1. That there are special circumstances applicable to the property, including size, shape,
topography, location or surroundings, which do not apply to other property under identical zoning
classification in the vicinity; and
2. That, because of special circumstances shown in (1) above, strict application of the
zoning code deprives the property of privileges enjoyed by other property under identical zoning
classifications in the vicinity; and
WHEREAS, the City Council does further find and determine with regard to the
proposed waiver of certain off-street parking requirements that:
1. That the variance, under the conditions imposed, if any, 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 such use; and
2. That the variance, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of the proposed
use; and
3. That the variance, under the conditions imposed, if any, 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); and
4. That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for such use; and
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5. That the variance, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Conditional Use Permit No. 2002-04622 be, and the same is hereby, granted on the
hereinabove described real property with a waiver of the following provisions of the Anaheim
Municipal Code:
Sections
18.06.050.013.0131 -
18.06.080
18.44.050.305
and 18.94.036.010
Minimum number of parking spaces.
(102 spaces required; 92 spaces proposed and concurred with
by the City Traffic and Transportation Manager)
Sections 18.34.063.011
18.44.050.305
and 18.94.033.010
Minimum landscaped setback abutting an arterial highway.
(20-foot average with 15-foot minimum required along a
major arterial highway; 10 feet of landscaping and a driveway
with parking spaces existing and proposed in the front setback
along Lincoln Avenue)
Section
18.34.061.010
18.44.050.305
and 18.94.031.020
Minimum building site area per dwelling unit.
(1,200 sq.ft, required; 881 sq.ft, proposed)
Sections 18.44.050.305 -
18.94.032.030.031 -
and 18.94.032.030.033
Minimum floor area per dwelling unit.
(400 sq.ft, for studio units and 700 sq.ft, for two-bedroom
units required; 325 to 396 sq.ft, proposed for 60 studio units
and 600 to 667 sq.fi, proposed for 16 two-bedroom units)
Sections 18.99.030.020(i)
18.99.040
and 18.99.050
subject to the following conditions:
Maximum density bonus.
(25% density bonus [15 additional units] and two incentives
allowed; 35% density bonus [22 additional units] and two
incentives proposed)
1. That final plans shall be submitted to the Zoning Division for review and approval indicating
the following aspects of this project:
(a) Landscaping plan, including provisions for minimum twenty four (24) inch box sized
trees adjacent to Lincoln Avenue at a ratio of one (1) tree per twenty (20) feet of street frontage.
(b) All wall and/or freestanding signage within the apartment complex.
(c) Building light fixtures.
(d) Mechanical equipment, both roof-mounted and ground-mounted (no
window-mounted equipment shall be permitted). (e) Pedestrian gates.
(f) Perimeter fencing, including height, material and location.
(g) Driveway treatment and other paving enhancements.
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(h) Detailed elevation plans for all sides of the buildings.
(i) Detailed common recreational area amenities (including an indoor recreation room)
and improvement plans, including decorative hardscape features, patios, benches, tables, community
barbecue, and/or other amenities that would promote community gathering areas within the
complex.
2. That the total number of 'manager units' permitted in this apartment complex shall be shown
on the plans submitted for building permits and shall be subject to review and approval by the
Executive Director of the Community Development Department.
3. That the rental of the all units within this senior citizens' apartment complex shall be subject
to the provisions set forth in Section 18.94.39 (Age and Occupancy Restrictions) of the Anaheim
Municipal Code.
4. That the terms of affordability shall be for a minimum period of thirty (30) years. If public
financing is secured and such financing requires a longer affordability term, that affordability shall
be enforced.
5. That the Anaheim Housing Authority shall be afforded a first right of refusal in referring
eligible tenants to affordable units.
6. That the developer shall submit a written agreement to the Housing Division/Authority
agreeing to comply with all the reporting requirements of the City of Anaheim Affordable Housing
Development Program.
7. That any proposed ground or roof-mounted mechanical equipment shall be subject to the
requirements of Anaheim Municipal Code. Said information shall be specifically shown on the
plans submitted for building permits.
8. That the locations for future above-ground utility devices including, but not limited to,
electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall
be shown on the plans submitted for building permits. Such plans shall also identify the specific
screening treatment of each device for both existing and proposed devices (i.e., landscape screening,
color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval
by the appropriate city departments.
9. That this property shall be served with underground utilities in compliance with the City of
Anaheim Electrical Rates, Rules and Regulations and the Underground Policy.
10. That the legal owner of subject property shall provide the City of Anaheim with a public
utilities easement across the property to be determined as electrical design is completed.
11. 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.
12. That not more than two (2) persons, at least one (1) of whom shall be a senior citizen aged
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sixty two (62) or older, shall reside in or be permitted to reside in any bachelor/studio or one (1)
bedroom unit; and that not more than three (3) persons, at least one (1) of whom shall be a senior
citizen, shall reside in or be permitted to reside in any two (2) bedroom unit; and that all occupants
and residents of any dwelling unit who are not senior citizens other than the spouse or cohabitant of,
or a person who resides with and provides primary physical or economic support to the resident
senior citizen to the extent permitted by law, shall be at least forty five (45) years of age except that
temporary residency by a person less than forty five (45) years of age for a cumulative period of
sixty (60) days during any calendar year shall be permitted; and that an un-subordinated covenant in
a form approved by the City Attorney so-limiting such occupancy shall be recorded with the Office
of the Orange County Recorder by the legal owner of the property. A copy of the recorded covenant
shall then be submitted to the Zoning Division.
13. That as required by the Urban Forestry Division of the Community Services Department,
street trees shall be installed by the property owner within the public right-of-way adjacent to
Lincoln Avenue. The size, type and number of trees shall be provided in accordance with the
Lincoln Avenue Corridor Master Plan and to the satisfaction of the Urban Forestry Division. Said
information shall be specifically shown on the plans submitted for building permits.
14. That no required parking area shall be fenced or otherwise enclosed for storage or other
outdoor uses.
15. That gates shall not be retained or installed across any 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 the review and approval of the City
Traffic and Transportation Manager. Said information shall be specifically shown on the plans
submitted for building permits.
16. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 402,
436, 601,602 and 604 pertaining to parking standards and driveway locations. Subject property
shall thereupon be developed and maintained in conformance with said approved plans.
17. That this project has a landscaping area exceeding two thousand five hundred (2,500) square
feet and, therefore, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349 regarding
water conservation. Said information shall be specifically on the plans submitted for building
permits.
18. That all existing water services and fire lines shall conform to current Water Services
Standards Specifications. Any water service and/or fire line that does not meet current standards
shall be upgraded if continued use is necessary, or abandoned if the existing service is no longer
needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water
service or fire line. Said information shall be specifically shown on the plans submitted for building
permits.
19. That an on-site trash truck turn around area shall be provided in accordance with
Engineering Standard Detail No. 610 and shall be shown on plans as required by the Department of
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Public Works, Streets and Sanitation Division. Said area shall be specifically shown on the plans
submitted for building permits.
20. That all requests for new water service 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 Public Utilities Department.
21. 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.
22. That the developer/owner shall provide a detailed water usage analysis and building plans
for Public Utilities Water Engineering review and approval to determine the adequacy of the
existing water system to meet this project's water requirements.
23. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the
Public Works Department, Streets and Sanitation Division, and in accordance with approved plans
on file with said Department. The walls of the storage area(s) shall be protected from graffiti
opportunities by the use of plants such as minimum one (1) 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.
24. 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.
25. That the legal property owner shall submit an application for a Subdivision Map Act
Certificate of Compliance to the Public Works Department, Development Services Division. A
Certificate of Compliance or Conditional Certificate of Compliance will then be approved by the
City Engineer and recorded in the Office of the Orange County Recorder.
26. That the developer shall submit satisfactory evidence (a noise study) to the Building
Division showing that the proposed apartment complex will conform with Council Policy Number
542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in
the California Administrative Code, Title 25.
27. That any remaining driveway(s) along Lincoln Avenue shall be reconstructed with ten (10)
foot radius curb returns as required by the City Engineer in conformance with Engineering Standard
No. 137. Said information shall be specifically shown on the plans submitted for building permits.
28. That the existing freestanding sign adjacent to Lincoln Avenue shall be removed. Said
information shall be specifically shown on the plans submitted for building permits.
29. That all parking spaces shall be unassigned and available on a 'first come/first served' basis.
30. Proposed Condition No. 30 was deleted at the public hearing.
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31. The affordability requirements for this proposal are based on an eighty four (84) unit seniors'
housing project. Should the density be increased or decreased, the affordability requirements will be
adjusted to reflect the changes in the density for the project, as approved by the Executive Director
of the Community Development Department.
That prior to issuance of a building permit, the legal property owner shall enter into an
un-subordinated, recorded Affordable Housing Agreement ("Agreement") in a form satisfactory to
the Executive Director of the Community Development Department. Such Agreement with the City
of Anaheim shall comply with California Government Code Section 65915, and Chapters 18.94
(Criteria and Standards for Senior Citizens' Apartment Projects) and 18.99 (Density Bonus) of the
Anaheim Municipal Code. The Agreement shall require the following minimum affordability for
this seniors' housing project (proposed Cherry Orchard Senior Apartments):
(a) Twelve percent (12%) of the total permitted units (eight (8) units) shall be designated
as Affordable Units for very, very low-income households with monthly rents at one-twelfth (1/12)
of thirty percent (30%) of thirty five percent (35%) of the Orange County median-income, based on
a one (1)-person family size for O-bedroom units, a two (2)-person family size for one (1)-bedroom
units, and a three (3)-person family size for two (2)-bedroom units to comply with the City of
Anaheim Density Bonus Ordinance (Chapter 18.99). An additional seven percent (7%) of the units
(six (6) units) shall be designated as Affordable Units for very, very low-income households with
monthly rents at one-twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) of the
Orange County median income.
(b) Twenty five percent (25%) of the total units constructed (twenty one (21) units) shall
be designated as Affordable Units for very, very low-income households with monthly rents at
one-twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) of the Orange County median
income, and twenty four percent (24%) of the total units constructed (twenty (20) units) shall be
designated as Affordable Units for very low income households with monthly rents at one-twelfth
(1/12) of thirty percent (30%) of fifty percent (50%) of Orange County median income, to comply
with the City of Anaheim Seniors Ordinance (Chapter 18.94). Rents shall be calculated based on
one (l)-person family size for O-bedroom units, two (2)-person household size for one (1)-bedroom
units, and three (3)-person household size for two (2)-bedroom units.
Such Agreement shall include appropriate rental controls as specified by the city, and the
duration of the Agreement shall be for a period of thirty (30) years. If public financing is secured
and such financing requires a greater level of affordability (i.e., additional units) and a longer
affordability term, it shall be enforced. The total number of 'manager units' permitted for the subject
Senior Citizen's Apartments shall be subject to review and approval by the Executive Director of the
Community Development Department. The Anaheim Housing Authority shall be afforded a first
right of refusal in referring eligible tenants to affordable units. Developer agrees to comply with all
reporting requirements under the Affordable Housing Development program. After the Agreement
has been recorded, a copy shall be provided to the Zoning Division and Community Development
Department.
32. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. I through 8, and as conditioned herein.
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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. 1,2, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 18, 19,
21, 22, 23, 24, 25, 26, 27, 28 and 31, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions, may be granted in accordance with Section 18.03.090 of
the Anaheim Municipal Code.
34. That prior to final building and zoning inspections, Condition No. 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.
BE IT FURTHER RESOLVED that the City Council does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then
this Resolution, and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim thisl4th day of January, 200!3
MAYOR ~--~Tr OF ANAHEIM
ATTEST:
C'~IT~F THE CITY OF ANAHE~-'--
48030.1
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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. 2003R-9 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 14th day of January, 2003, by the following vote of the
members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, McCracken and Hernandez
NOES: MAYOR/COUNCIL MEMBERS: Chavez
ABSENT: MAYOR/COUNCIL MEMBERS: None
C,d:Y CLERK/OF THE ~-'iTY OF ANAHEIM
(SEAL)