Resolution-PC 2000-121~ ~
RESOLUTION NO. PC2000-121
A RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04265 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF PARCEL MAP NO. 87-440, AS SHOWN ON A MAP FILED IN
BOOK 241 PAGES 48, 49 AND 50 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
AND
PARCEL 2 OF PARCEL MAP IVO. 87-440, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 241, PAGES 48 TO 50 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
AND
PARCEL 3 OF PARCEL MAPS NO. 87-440, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN
BOOK 24'!, PAGES 48 TO 50 VNCLUSIVE OF PARCEL MAPS, IN THE OFFICE
OF THE COUNTY RECORDEI~ OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 6, 2000 at 1:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for and against said proposed conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that the hearing was
continued from the meeting of October 23, 2000; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.44.050.305, 18.94.020 and 18.99.080 to construct a 3-story, 81-
unit affordable senior citizens' apartment complex with a density bonus and with waivers of the following:
(a) Sections 18.06.050.010.013.0131
18.06.080
18.44.050.305
and 18.94.036.010
Minimum number of parkinQ spaces.
(96 required; 83 proposed)
(b) Sections 18.44.050.305
and 18.94.032.010
Maximum structural heiqht.
2. That this proposal is for 81 units on a 1.92-acre site, which is a 17% density bonus; and
that the maximum 25°/a density bonus specified by Code would allow up to 86 units (i.e., maximum 36
dwelling units per acre x 1.92 acres x 1.25°r6).
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3. That waiver (a), minimum number of parking spaces, is hereby approved on the basis
that the proposed number of parking spaces will be adequate based upon operation of the use in
conformance with the assumptions and/or conclusions relating to the operation and intensity of use as
contained in the parking demand study and parking management plan, and in accordance with the
conditions contained herein, as concurred with by the City Traffic and Transportation Division.
4. That the parking waiver, under the conditions imposed, will not cause fewer off-street
parking spaces to be provided for the approved 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.
5. That the parking waiver, under the conditions imposed, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use.
6. 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.
7. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the approved use.
8. 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.
9. That waiver (b), maximum structural height, is hereby denied on the basis that it was
deleted following public notification.
10. That the applicant has proposed construction of a housing development which eligible for
a density bonus.
11. That the applicant has demonstrated that the incentive granted is necessary to make the
proposed housing project economically feasible to provide for affordable housing costs.
12. That no additional incentives are necessary to make the proposed housing project
economically feasible to provide for affordable housing costs.
13. That the density bonus and the additional incentive granted further the City's affordable
housing goals as set forth in the Housing Element of the City's General Plan.
14. That the additional incentive granted will not, on balance, be detrimental to the public
health, safety and welfare, and will not cause injury to property in the immediate vicinity of the eligible
housing project.
15. That the proposed seniors' apartment complex, as approved herein, will not have an
adverse impact on adjoining land uses.
16. That the size and shape of the site for the proposed use, as approved herein, is adequate
to allow full development of the proposed apartment complex in a manner not detrimental to the particular
area nor to the peace, health, safety and general welfare.
17. That the traffic generated by the proposed use, as approved herein, will not impose an
undue burden upon the streets and highways designed and improved to carry the traffic in the area.
18. That no one indicated theiripresence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
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CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct an affordable 3-story, 81-unit senior
citizens' apartment complex with a density bonus and with waivers of minimum number of parking spaces
and maximum structural height on a rectangularly-shaped 1.92-acre property having a frontage of 292
feet on the south side of Lincoln Avenue and a maximum depth of 278 feet, being located 515 feet west
of the centerline of Brookhurst Street, and fiurther described as 2240 West Lincoln Avenue; 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 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 Planning Commission
does hereby grant subject Petition for Conditional Use Permit, in part, 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:
That exterior lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet. Said
lighting fixtures shall be decorative and shall be directed away from adjacent residential property
lines to protect the residential integrity of the area. Said specifications shall be shown on the plans
submitted for building permits.
That final plans shall be submitted to the Zoning Division for review and approval by the Planning
Commission as a"Reports and Recommendations" item. Said plans shall address the following
aspects of the project:
(a) Exterior building materials and colors board (including roofing).
(b) Detailed landscaping plan, inclwding provisions for minimum twenty four inch (24") box sized
trees.
(c) Signs.
(d) Building light fixtures and parking lot lighting.
(e) Mechanical equipment, including roof-mounted and ground-mounted equipment. (No
window-mounted equipment shall be permitted).
(f) Pedestrian and vehicular gates, and any intercom system.
(g) Fencing height, materials and location.
3. That prior to requesting electrical service, plans shall be submitted to the Electrical Engineering
Division for review and approval showing load data, meter locations and transformer locations.
4. That the developer shall submit satisfiactory evidence (i.e., a noise study) to the Building Division
showing that the apartment complex is in conformance with Council Policy Number 542 "Sound
Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California
Administrative Code, Title 25.
5. That any proposed ground or roof-mounted equipment shall be subject to the requirements of the
Anaheim Municipal Code. Said inforrnation shall be specifically shown on plans submitted for
Zoning and Building Division approva'I.
6. That, if required by the Urban Forestry Division of the Community Services Department, street trees
shall be planted by the property owner within the public right-of-way along Lincoln Avenue. The
size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division.
Said information shall be specifically shown on the plans submitted for building permits.
7. That the location(s) 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
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on the plans submitted for building permits. Said plans shall also identify the specific screening
treatment of each device (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.
8. That the legal property owner shall enter into an unsubordinated recorded Affordable Housing
Agreement with the City of Anaheim satisfactory in form and substance to the Executive Director of
the Community Development Department pursuant to California Government Code Section 65915
to provide that 49 percent (49%) of the total proposed number of residential units shall be rented as
very low income housing as defined in California Government Code Section 65915 at or below fifty
percent (50%) of the Adjusted Median Income and with appropriate rental controls as approved by
the City of Anaheim for a period of not less than thirty (30) years from the date of issuance of
occupancy permits. In addition, the legal owner shall also include in the agreement a provision that
finrenty five percent (25%) of the total number of proposed units shall be rented as lower income
housing (as described in Anaheim Municipal Code Section 18.94.040) with appropriate rental
controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the
date of issuance of occupancy permits. A copy of the recorded covenant shall then be submitted to
the Zoning Division.
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. 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 (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.
10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Divisiornfor review and approval.
11. That solid waste service shall be provided by three (3) cubic yard bins. Said information shall be
submitted to the Streets and Sanitation Division for review and approval.
12. That prior to completion of electrical design, the legal owner of subject property shall provide the
City of Anaheim with a public utilities easement.
13. That any required relocation of City electrical facilities shall be at the expense of the developer.
14. That prior to applying for water meters or fire lines or prior to submitting water improvement plans,
the developer shall submit an estimate of maximum fire flow rate and the average day, maximum
day and peak hour water demands fo~~r the project to the Water Engineering Division for review and
approval.
15. 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.
16. That because this project has landscaping 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 and City of Anaheim Ordinance No.
5349. Said information shall be specifically shown on the plans submitted for building permits.
17. That three (3) foot high street address numbers shall be displayed on the flat area of the roof in a
color contrasting to the roof material; provided that the numbers shall not be visible to the street or
adjacent properties. Said information shall be specifically shown on the plans submitted for building
permits.
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18. That the water backflow equipment and any other large water system equipment shall be installed
to the satisfaction of the Water Utility Division of the Public Utilities Department in either
underground vaults or behind the bermed landscaped setback area in a manner fully screened from
all public streets. Said information shall be approved by the Water Engineering Division and the
Cross Connection Control inspector prior to submittal of building permits, and the information shall
then be specifically shown on the plans submitted for building permits.
19. That the developer shall pay the sewer deficiency fee for the Anaheim Plaza Area.
20. That the property owner shall install "no stopping at any time" signs on Lincoln Avenue in front of
this property to limit on-street parking.
21. That the driveways shall be limited to right-in and right-out only. Said information shall be
specifically shown on plans submitted for building permits.
22. That gates shall not be 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 prior to issuance of a building permit.
23. 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.
402, 436, 601 and 604 pertaining to parking standards and driveway locations. Subject property
shall thereupon be developed and maintained ~in conformance with said plans. Said information
shall be specifically shown on the pla,ns submitted for building permits.
24. That the driveways on Lincoln Avenue shall be constructed 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.
25. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shown on the plans submitted to the Department of Public Works,
Street Sweeping and Sanitation Division, for review and approval. Said area, as approved, shall be
shown on plans submitted for building permits.
26. (a) That no required parking area shall be fenced or otherwise enclosed for storage or other
outdoor uses.
(b) That no enclosed garage shall be used for storage purposes.
(c) That the forty six (46) open parking spaces shall be unassigned and shall be available to
residents, guests and employees.
27. That no compact or small car parking spaces shall be permitted.
28. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance
visibility for sign or wall/fence locations. Said information shall be specifically shown on the plans
submitted for building permits.
29. That any public utility easements that will be adversely affected by the proposed development shall
be abandoned. An application for abandonment shall be submitted to the Real Property Section of
the Public Works Department. The City Council will determine whether to approve or deny the
request for abandonment at a public hearing.
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30. That a Lot Line Adjustment Plat to combine all existing lots so that any new buildings lie completely
within one (1) parcel shall be submitted to the Public Works Department, Subdivision Section
(Development Services Division) for review and approval by the City Engineer. Following approval,
it shall be recorded in the Office of the Orange County Recorder.
31. (a) That existing easements shall qe retained for all remaining City facilities.
(b) That the developer shall request the City to relinquish any easements that are no longer
needed.
32. That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged fifty five
(55) or older shall reside in, or be permitted to reside in any bachelor or one (1) bedroom unit; and
that not more than three (3) persons, at least one (1) of whom must 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,
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 in any calendar year shall be
permitted; and that an unsubordinated 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 said recorded covenant shall then be submitted to the Zoning
Division.
33. 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. 1 through 10, and as conditioned herein.
34. 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, 4, 5, 6, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, 21,
22, 23, 24, 25, 28, 29, 30, 31 and 32, 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.
35. That prior to final building and zoning inspections, Condition Nos. 20 and 33, above-mentioned,
shall be complied with.
36. 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 Anaheim City Planning Commission 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 was adopted at the Planning Commission meeting of
November 6, 2000. _
CHAIRPERSON, ANAHEIM CITY ANNING COMMISSION
ATTEST:
~~ .
SECRET RY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed arad adopted at a meeting of the Anaheim City Planning
Commission held on November 6, 2000, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUIV
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2000.
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SEC TARY, ANAHEIM CITY PLANNING COMMISSION
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