Resolution-PC 2002-169• ~
RESOLUTION NO. PC2002-169
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04622 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:
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.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 4, 2002 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 conditi.onal use permit and to
investigate and make findings and recommendations in connection therewith; and that said public
hearing was continued to the November 18, 2002 Planning Commission meeting; 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 and 18.94.020 to convert an existing 117-unit motel to
an 84-unit `affordable' senior citizens' apartment complex with a density bonus and waivers of the
following:
(a) Sections 18.01.200 - Minimum aqe restriction for senior citizens' apartment complex.
and 18.94.010
(b) Sections 18.06.050.013.0131 - Minimum number of parkinq spaces.
18.06.080 (102 spaces required; 92 sqaces proposed and concurred wit~
18.44.050.305 by the City Traffic and Transportation Manager)
and 18.94.036.010
(c) Sections 18.34.063.011 - Minimum iandscaped setback abuttin4 an arterial hiqhwav.
18.44.050.305 ~20-foot averaqe with 15-foot minimum required along a major
and 18.94.033.010 arterial highway;
10 feet of landscapin4 and a driveway with parking spaces
existing and proposed in the front setback along Lincoln Avenue)
(d) Section 18.34.061.010 - Minimum buildinq site area per dwellinq unit.
18.44.050.305 l1,200 sq.ft. required; 881 sq.ft. proposed)
and 18.94.031.020
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(e) Sections 18.44.050.305 - Minimum floor area per dwellina unit.
18.94.032.030.031 - (400 sp.ft. for studio units and 700 sa.ft. for two-bedroom units
and 18.94.032.030.033 required; 325 to 396 sa.ft. proposed for 60 studio units and 600
to 667 s4.ft. proposed for 16 two-bedroom units)
(f) Section 18.94.035.020 - Minimum width of pedestrian access wavs.
(g) Sections 18.99.030.020(i) - Maximum density bonus.
18.99.040 (25% density bonus f15 additional unitsl and two incentives
and 18.99.050 allowed;
35% densiry bonus f22 additional units] and two incentives
proposed)
2. That waivers (a) and (f), pertaining to minimum age restrictions for senior citizens'
apartment complexes and minimum width of pedestrian access ways, are hereby denied on the basis that
said waivers were deleted following public notification.
3. That waiver (b), minimum number of parking spaces, is hereby approved on the basis
that said 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 the use.
4 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.
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 the proposed 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 the City Traffic and Transportation Manager concurs that the proposed number of
parking spaces are adequate to serve this specific project.
9. That waivers (c), (d) and (e), pertaining to minimum landscaped setback, minimum
buiiding site area per dweiiing unit and minimum tloor area per dweiiing unit, are hereby approved on the
basis of fhe constraints of adaptively reusing the existing structures; and that waiver (d), minimum
building site area per dwelling unit, is a function of the densiry bonus granted in connection with waiver
(g), maximum density bonus.
10. That there are special circumstances applicable to the property such as its shape location
and surroundings, which do not apply to other identically zoned properties in the vicinity.
11. That strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties under identical zoning classification in the vicinity.
12. That the proposed use, as approved, will not adversely affect the adjoining land uses and
the growth and development of the area in which it is proposed to be located, including the adjoining
existing residential neighborhood; and that the proposal will provide significant affordable housing
opportunities for Anaheim residents.
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13. That the size and shape of the site for the proposed senior citizen's apartment complex is
adequate to allow full development of the proposed use in a manner not detrimental to the particular area
nor to the peace, health, safety and general welfare because this development will be constructed with
amenities comparable to other senior citizens' apartment complexes approved along Lincoln Avenue, and
will provide livable and affordable units for senior citizens.
14. That 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.
15. That granting this 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.
16. That the applicant has proposed the construction of an eligible housing development.
17. That the applicant has demonstrated that each additional incentive granted to the
applicant is necessary to make the proposed housing project economically feasible to provide for
affordable housing costs.
18. That the density bonus and each additional incentive granted further the city's affordable
housing goals as set forth in the Housing Element of the Anaheim General Plan.
19. That each additional incentive granted shall not, on balance, be detrimental to the public
health, safety and welfare, and shall not cause injury to property in the immediate vicinity of this eligible
housing_ project. __ _
20. That the petitioner has prepared a vicinity map showing the project site relative to the
proximity and accessibility of necessary services, including grocery stores, transit stops, medical facilities
and banks; and that said vicinity map shows that the proposed senior citizens' apartment project is
reasonably accessible to said services.
21. That three people spoke at the public hearing in favor of the proposal; that seven people
present at the public hearing filled out speaker cards in favor of the proposal; and that a letter was
received in favor of the proposal.
22. That two people representing the West Anaheim Neighborhood Development Council
(WAND) spoke at the public hearing with concerns/opposition regarding the proposal; and that a letter
with concerns regarding the proposal was received.
CALlFORNIA ENVIRONMENTAL QUALITY ACT FlNDlNG: That the Anaheim City
Planning Commission has reviewed the proposal to permit the conversion of an existing 117-unit motel
(Lincoin inn) to an 84-unit affordabie senior citizen's apartment complex with a density bonus and waivers
of minimum age restriction for senior citizen's residential complex (deleted), minimum number of parking
spaces, minimum landscaped setback abutting an arterial highway, minimum building site area per
dwelling unit, minimum floor area per dwelling unit, minimum width of pedestrian access ways (deleted)
and maximum density bonus on a rectanguiarly-shaped 1.7-acre property having a frontage of 125 feet
on the south side of Lincoln Avenue, a maximum depth of 590 feet, being located 670 feet east of the
centerline of Dale Avenue, and further described as 2748 West Lincoln Avenue; and does hereby
approve tF~e 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.
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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 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.
(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 buildin_ g p.ermits and_shall be subject to rev.iew and_appco~al 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 affordabiliry 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 inciuding, but not limited to, eiectrical
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.
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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 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 finro (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. submit#ed for b.uildin. g..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 Public
Works, Streets and Sanitation Division. Said area shali be specifically shown on the plans submitted
for building permits.
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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 projecYs 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, Qevelopment Services D.ivis.ion. A C-er_tificate_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 delefed at the public hearing.
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 ("AgreemenY') 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 Municipaf Code. The Agreement shall require the following minimum affordability for this
seniors' housing project (proposed Cherry Orchard Senior Apartments):
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(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 0-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 Counry 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 (1)-person family size for 0-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. 1 through 8, 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. 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 ~1/lunicipal Code.
34. i hat prior to finai buiiding and zoning inspections, Condition ~lo. 32, above-mentioned, shail 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 applicabie 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 18, 2002.
ATTEST:
UGG~~/~~~~7~~~E~--
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
r
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 18, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BRISTOL, EASTMAN, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN, KOOS
IN WITNESS WHEREOF, I have hereunto set my hand this ,~. o~ day of
~e cem bc ~ , Zoo2.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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