Resolution-PC 2002-75•
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RESOLUTION NO. PC2002-75
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2002-04499 BE GRANTED
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
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.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 20, 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 variance and to investigate and make
findings and recommendations in connection therewith; and that the hearing was continued from the May
6, 2002, Planning Commission meeting in order to re-advertise the proposal to add waiver (e) to this
variance; 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 petitioner proposes waivers of the following to construct a 23-unit, two to three-
story, affordable "special needs" apartment complex:
(a) Sections 18.06.050.010.012.0121 - Minimum number, type, and design of off-street parking spaces.
and 18.34.066.010 (Required: total 30 spaces, including 23 covered spaces;
Proposed: total 23 spaces, including 4 covered spaces)
(b) Section 18.34.062.010.011
(c) Section 18.34.062.030.032
- Maximum structural height.
(2 stories permitted; 3 stories proposed)
- Minimum dwelling unit size.
(Maximum 20% (5 units) of the 23 units permitted to be
bachelor units;
95% (22 units) proposed to be bachelor units)
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(d) Section 18.34.063.020.028 - Minimum structural setback abutting 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)
(e) Sections 18.99.030.020 - Additional incentives in lieu of a density bonus.
and 18.99.050, (Permitted for Eligible Housing Developments: maximum
and California Government Code 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. Tktat the paFl~i~-g waaver, ~~der th~-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 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 18.03.09i
and 18.03.082 of #he Anahsirn l~l~uni~ipa~ Code.
9. That, in accordance with subsection .030 "Sefection 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 of 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
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traffic volumes and road capacities, school enroliments, 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 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.
11. 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. T~tat fve people spoke-in #avo~ af th~ proposal at tk~e 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
Planning Commission 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 centerline of Daie Avenue, and further described as 2761 West Sall 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 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 Cify Planning Commission
does "ereby gran# s~.:b;ect Pet9tior. for ~lariance, ~pon th~ 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 or a Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder.
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2. That the property owner shall comply with Chapter 18.60 "Transportation Demand" of the Anaheim
Municipal Code (Ordinance No. 5209 and Resolution No. 91 R-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
-~herea~po~-be d~veloped and-mair~tained 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 "compacY' 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 (1) gallon
sized clinging vines planted on maximum three (3} foot centers or tall shrubbery. Said information
sha!! bs spscifcally shown on the olans 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
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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.
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 devefoper/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
exis~i~g wa#er systeKn to--provid~ 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
Electricat 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 ot trash or debris, and removal of gra~ti 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
submittsd #o the Zoning Qivision for review and approval. Finaf landscaping plans shall show
minimum twenty four (24) to thirty six (36) inch box sized trees 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.
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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 shali 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 integriry
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 applicart~ and the Ci~y, and-r~EOrded 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 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. 1, 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 priar to final building and zoning inspections, Condition Nos. 26 ar~d 32, abovs-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 applicabie ordinance, reguiation 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 noticed public
hearing.. Said covenant shall be reviewed and approved as to form by the City Attorney's o~ce
then recorded in the Office of the Orange County Recorder. A copy of the recorded covenant shall
be submitted to the Zoning Division.
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BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
May 20, 2002.
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CHAIRPERSON, AHEIM CITY PLAN G COMMISSION
ATTEST:
/~~~-~-•.- ~..liti-rL-.e.-~ 0~8~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CfTY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
ce~i~}r tk~at ~he #oFegaing r-esolutio~a. was passed and adopted at a meeting of the Anaheim City Planning
Commission held on May 20, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BRISTOL
IN WITNESS WHEREOF, I have hereunto set my hand this ~ r~ da of
Y
~i~ r~ G , 2002.
: / p~~~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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