Resolution-PC 98-97RESOLUTION NO PC98-97
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4030 BE GRANTED
WHEREAS, the Anaheim City Pianninc~ Commission did receive a verified Petition for
Conditional Use Permit for certain real praperty situated in the City of Anaheim, County of ~Jrange, State
of California, described as:
PARCEL A:
PARCEL 15, AS SHOWN ON A MAP FILED IN BOOK 255, PAG~S 1, 2, 3 AND 4 OF
PARCEL MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY CALIFORNIA.
PARCEL B:
PARCEL 25 AS SHOWt~ UN THE MAP ATTACHED TO LOT LINE ADJUSTiVIENT NO.
295 RECORDED MAY 11, 1993 .4S INSTRUMeNT NO. 93-0315924 OF OFFICIAL
RECORDS OF ORANGc: COURfN, CALIFORNIA.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 22, 1998 at 1:30 p.m., notice of said public hearing having been duly given as
required by Iaw and in accordance wilh the provisions of the Anaheim Municipaf 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 con~ection therewith; and that the hearing was cont~nued from
the meeting of June 8, 1998; 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 Section 18.74.040.060(b)2 to permit a 259-unit, 3-story senior citizens'
apartment complex in Development Area 4(Business Commercial Development Area) oF The Anaheim
Hills Festival Specific Plan.
2. That the Planning Commission recommended that City Council adopt Amendment No. 3
to The Anaheim Hills Specific Plan No. 90-1 ("SP 90-1"), which is being processed concurrently with this
petiti~m and which will amend Chapter 18.74 of the Anaheim Municipa~ Code to permit senior citizens'
housing projects in connection with approval of a conditionai use permit.
3. That 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.
developm nt of he p opos len a m nneenot detrimental to thsPpartcular arealnorto thetpeacellhealthl
safety and general welfare because the size of lhe property is large enough to contain the proposed
complex without leaving any remainder parcels in Development Area 4 that may be considered
unbuildable; and that this senior citizens' apartment complex, as designed, will comply with the
development standards of Development Area 4 in order to ensure a high quality facilily with design
architecture consistent with the Festival Shopping Center and complementary to the residential character
of the adjacent single-family residential neighborhood to the south.
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5. That the traffic generated by the propased use wi!! not impose an undue burden upon the
streets and highways designed and improved to carry the tra~c in ihe area because the proposed 259-
unit compiex will generate fewer veh:cular trips than the previously-approved 240,000 sq. ft. commercial
retail/office development in Development Area 4 and therefore, will not be a burden on the existing
roadways.
6. That granting of this conditionai 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 because
the proposed complex will produce less visual obstruction, less visual clutter and less noise in
Development Area 4 than the previously-approved c~mmercial retail/office structures.
7. That no one indicated their presence at the public hearing in opposition to fhe proposal;
and that no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to construct a 259-unit, 3-story senior citizens' apartment complex
in Development Area 4(Business Commercial Development Area) of the Anaheim Hills Festival Specific
Plan (SP 90-1) on a 17.1-acre parcel, having a frontage of 1,947 feet on the west and south sides of
Festival Drive (a private street), a maximum depth of 500 feet, and being located 762 feet south of the
centerline of Santa Ana Canyon Road (135-185 South Festival Drive); and does hereby determine that
the previously-certified EIR No. 300 is adequate to serve as the required environmental documentation for
suL;aat request.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Pianning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prereG~isite 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 gates shall not be installeci across any driveway or private street in a manner which may
adversely affect vehicular traffic in the nearby public and private streets. Modified plans shall he
submitted to show that installation of any gates conforms to Engineering Standard Plan No. 609 and
that said plans shall be subject to review and approval by the City Traffic and Transportation
Manager prior to issuance of a building permit.
2. That plans shall be submitted to the City Traffic and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Plan Nos.
436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintafned in conformance with said plans.
3. That no required parking area shall be fenced or otherwise enclosed for outdoor stor2ge uses.
4. That tne prope~ty ov,ui~r/developer shall provide a painted pedestrian crossing on Festival Drive and
provide adequate warning devices such as lighting, pavement legends, reflective signing, painting
and;or speed bumps, as approved by fhe Public Works Department, Traffic Engineering Division, to
alert motorists about possible pedeslrian crossings on Festival Drive. Such information shall be
specifically shown on the plans submitted for building permits.
5. That trash storac~e area(s) shall be provided and maintained in location(s) acceptable to the Publ(c
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. Said slorage areas shall be designed, located and screened so as not to be
readily identifiabl~- from adjacent str~ets or highways. The walls of the storage areas shall be
protected from graffiti opportunities by the use of plant materials such as clinging vines or tall
shrubbery. Such information shall be specifically shown on lhe plans submitted for building permits.
6, That a plan sheet for solid waste storage and collection and a plan for recyclirig shall be submitted
to the Public Works Department, Streets and Sanitation Division, for review and approvai.
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7. That an on-site trash truck turn-around area shail be provided in accordance with Engineering
Standard Detail No. 610 and maintained to the satisfaciion of the Public Works Department, Streets
and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for
buildinc~ permits.
8. That the property owner/developer shall submit a water quality management plan (WQMP)
specifically identifying best rranagement practices that wiil 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.
9. That the property shail be served with underground utilities in accordance with the Electrical Rates,
Rules and Regulations and the City of Anaheim Underground policy. The most current fees shall
apply.
10. That the legal owner of subject property shall provide the City of Anaheim with a public utility
easement around the installed subsurface or ~admounted transformers and primary cable runs.
11. That the Iegal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim
(Water Engineering Division) an easement twenty (20) feet in width for water service mains looping
to the water main in Festival Drive.
12. That the on-site landscapfng and irrigat~un system adjacent to Festival Drive shall be refurbished and
maintained in compliance with City star.dards and in accordance with The ~,naheim Hiils Festival
Specific Plan.
13. That lighting fixtures in any proposed parking area shafl be down-lighted with a maximum height of
twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines
to protect the residential integrity of the area. Thfs information shall be specifically shown on the
plans submitted for building permits.
14. That no roof-mounted equipment shail ~e permitted within the senior citizens' apartment compiex.
15. That this conditional use permit is granted subject to adoption (and effectiveness) of an ordinance in
connection with Amendment No. 3 of The Anaheim Hills Festival Specific Plan (SP90-1), now
pending.
16. That ihe following final plans shall be submitted to the Zoning Division for review and approval by
the Planning Commission as a"Reports and Recommendations" agenda item:
(0) Elevat?on drawings,
(b) Exterior building materials and colors (including roofing),
(~) Landscaping,
(d) Lighting,
(e) Signs,
(~ Fencing, carport and trash enclosure design, and
(9) Mechanical equipment.
17. That clothes washar and dryer hookups shall be incorporated into each dwelling unit and shown on
the plans submitted for building permits.
18. That elevators shall be provided for this proJect so lhat each apartment entrance is located no
further lhan one hundred fifty (150) feet walking distance from an elevator. Each elevator shafl
comply with the State of California Fire Life Safety regulations. Said information shall be specifically
shown on plans submitted for building permits.
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19. That the legal property owner shall enter into an unsubordinated recorded agreement with the City
of Anaheim pursuant to Califomia Govemment Code Section 65915 to provide that a total of fifty
percent (50%) of the total proposed number of residential units (50% = 130 units) shal~ be rented
with twenty percent (20°/a) of the affordabie units at fifty percent (50%) of the Adjusted Median
Income and thirty percent (30%) of the affordable units at sixty percent (60°/a) of the Adjusted
Median Income as defined in Caiifornia Gove;nment Code Section 65915 and with appropriate
rental controis as approved by the City of Anaheim for a period of not less than thirty (30) years fron~~
the date of issuance of occupancy permits. A copy of the recorded covenant shail be submitted to
the Zoning Division.
20. 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 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 ail 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 teast forty five (45) years of age except that temporary residsncy by a person less than fo~ty
five (45) years of age for a cumulative period of sixty (60) days in 2ny calendar year shali bo
permitted; and that an unsubordinated covenant in a form approved by the City Attorney so-limiting
such occupancy shall be recor~ed with the Office of the prange Counly Recorder by the legal
owner of the property. A copy of said recorded covenant shall then be submitted to the Zoning
Division.
21. That subject ~roperty shall be developed substantiafly in accordance with plans and specifications
submitted to the City of Maheim by the petitioner an~i which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 6, and as conditioned herein.
22. That prior to issuance of a building permit or within a period of one (1) year from the date of this
~e~olution, whichever occurs first, Condition Nos. 1, 2, 4, 5, 6, 7, 8, 10, 11, 13, 15, 16, 17, 18, 19
and 20, above-mentioned, shall be compiied wilh. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
23. That prior to final building and zoning inspections, Conditiun Nos. 4, 9, 12, and 21,
above-mentioned, shall be complied with.
24. That approval of this appiication constitutes ap~roval of the proposed request only to the extent that
it compiies with the Anaheim Municipal Zonin~ Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compifance or approval
of the request regardir.g any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESQLVED that the Anaheim City Planning Commission does h~reby
find and determine that adoption of thi~ ~~solution is expressly predicated upon applicanPs compllance
with each and all of ihe conditions hereir.above set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by ti~e final Judgment of any court of competent Jurisdiction, then lhis
Resolution, and any approvals herein coniained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meetfng of
June 22, 1998.
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CHAIRMAN ANAHEIM CITY PLANNING COMMISSION
ATi EST:
~
SECR TARY, NAHEIM CITY PLANNING COMMISSION
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solori~;, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolutie~~, ~ ~a~ passed and adopted at a meeting of the Anaheim Ciry Planning
Commiss(on held on June 22, 199;t, by the following vote of the members thereof:
AYtS: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, NAPOLES, PERAZA, WILLIAMS
NOES: COMMISSIONERS: NONE
ABSFNT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONER: HENNINGER
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of_z~:XJ~V ,
1988. -~--
r ~~9~L~0-'
SECRETARY, AN EIM CITY PLANNING CUMMISSION
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