Resolution-PC 99-191RESOLUTION NO. PC99-191
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
7HAT PETITION FOR CONDITIONAL USE PERMIT NO. 4130 Fse 3RANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real properry situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1:
THE EAST 100.~0 FEET OF THE SOUi'H 350.00 FEET, OF T4E SOUTH HALF, OF
THE SOUTHWEST QUARTER, OF TliE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COl'OTES 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 THE SOUTHERLY 40.00 FEET THEREOF.
PARCEL 2:
THE NORTH 150.00 FEET OF THE WEST 100.00 FEET OF THE EAST 350.00 FEET
OF THE SOUTH 500.00 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
IN THE RANCHO LOS COYOTES, AS PER MAP RECORDED IN BOOK 51, °AGE 11
O~ MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAiD COUNTY.
PARCEL 3:
THE WEST 150 FEET OF THE EAST 250 FEET 0~ THE SOUTH 500 FEET QF THE
SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 4 SOUTH, RANGE 11 WEST,
AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 3 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4:
THE EAST 100 FEET OF THE SOUTH 500 FEET OF THE SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11,
TOWNSHIP 4 SOUTH, RA~!GE 11 WEST, S. B. B. & M.
EXCEPTING THEREFROM THE SOUTH 350 FEET THEREOF.
PARCEL 5:
THE NORTN 150 FEET OF THE SOUTH 500 FEET OF THE WEST 150
FEET OF 1 HE EAST 250 FEET OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 1'I, TOWNSHIP 4 SOUTH, RANGE
11 WEST, S. B. B. & M.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on November 8, 1999 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 Municipai Code, Chapter
CR3799PK.DOC -1- PC99-191
18.03, to hear and consider evidence for and against said propose:d conditional use permit and to
investigate and make findings and recommendations in connection therewith; and that said hearing was
continued from the meetings of July 7, August 16, August 30, September 27 and October 25, 1999; 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 18.21.Q50.325 and 18.44.050.305 to construct a 10~4-
unit "affordable" senior citizens' apartment complex with waivers of the following:
(a) Sections 18.04.043 - Permitted encroachments.
18.34.064
and 18.94.034
(b) Sections 18.06.050.013.0131 - Minimum number of oarkina soaces.
and 18.94.036.010
(c) Sections 18.34.063.020.028 - Minimum side and rear landscape setbacks adiacent_to
and 18.94.033.010 one-familv residential developments.
(d) Section 18.94.032.010 - Maximum structural heiaht.
(e) Section 18.94.032.011 - Reauired elevators.
(~ Section 18.94.032.030.032 - Minimum floor area.
(g) Section 18.94.038.020 - Location of reauired private storaqe are2s.
(h) Section 18.94.040 - Minimum reauired affordable units.
2. That subject praperty is currently developed with one single family home and one
mobilehome at 3335 West Lincoln Avenue and a 30-space mobile home park (Lazy Living Mobilehome
Park) at 3345 West Lincoln Avenue; th~t the property is zoned RS-A-43,000(MHP)
(Residential/Agricultural - Mobile Home Park Overlay) on the easterly portion which fronts on Lincoln
Avenue and CL (Commercial, Limited) on the northwesterly 0.34-acre land~ocked portion; that this
property is located within Community Pianning Area No. 3(West Anaheim Planning Area) and the West
Anaheim Commercial Corridors Redevelopment Project Area; and that the Anaheim General Pian
designates this property for Gen2ral Commercial land uses.
3. That ali the waivers (a) through (h) were denied on the basis that they were deleted
following pubiic notification.
4. That the proposed use is prooerly one for which a conditional use permit is
authorized by the Zoning Code in both underlying zanes, RS-A-43,000 (Residential/Agricultural) and CL
(Commercial, Limited).
5. 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.
6. That the size and shape of the site for the proposed use is adequate to allow the fuli
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety, and generai weifare.
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7. 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.
8. That granting of this conditional use permit, under the conditions imposed, wiil not
be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
9. That the petitioner has prepared a vicinity map showing the location of this site in
terms of the proximity and accessibility to the following necessary services: grocery stores, transit stops,
medical facilities and banks; and that this project is reasonably accessible to those services, in
accordance with Section 18.94.031.030 pertaining to Required Finding of Accessibility to Services for
senior citizens' apartment projects.
10. That no one indicated their presence at the public hearing in opposition to the
proposal; that one person representing the West Anaheim Neighborhood Development Councii (WAND)
spoke with concerns regarding the proposal; and that na correspondence was received in opposition to
the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 104-unit "affordable" senior citizens'
apaRment complex with waivers of the following: permitted encroachments in setback areas, minimum
number of parking spaces, minimum side and rear landscape setback adjacent to one-family residential
developments, maximum structural height, required elevators, minimum floor area, location of required
private storage areas and minimum required affordable units on a regularly-shaped 2.98-acre site having
a frontage of 250 feet on the north side of Lincoln Avenue, a maximum depth of 460 feet, being located
1,070 feet east of the centerline of Knott 5treet, and further described as 3335-3345 West Lincoin
Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the
independentjudgment 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 substanti~l evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVEG that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use ~ermit, in part, upon the following conditions which
are hereby found to be a necessary prerequisite to the proposed use of the subject pro~~erty in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shail be directed
away from adjacent residential property lines to protect the residential integrity of the area and it
shall be so-specified on the plans submitted fcr 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 specifying the following:
(a) Detailed building elevation drawings showing wall and window enhancements,
(b) Exterior building materials and colors board (including roofing),
(c) Landscaping plan, including provisions for minimum twenty four inch (24") box sized trees
and a minimum twenty (20) foot wide planter adjacent to the single family homes to the north
and west,
(d) Signage, ~
(e) Building lighting fixtures and parking lot lighting,
(~ Mechanicai equipment, including roof-mounted and ground-mounted equipment (no window-
mounted equipment shall be permitted),
(g) Trash enclosure location(s) and features,
(h) Pedestrian gates,
(i) Existing and proposed fencing height, materials and location,
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(j) Driveway treatment, and
(k) Detailed common recreational area amenities and improvement plans, including decorative
hardscape features, fountains, patios, benches, tables, planter boxes, community fireplace or
other amenities which will promote community gathering areas within this senior ~itizens'
complex.
3. That the developer shail submit satisfactory evidence (a noise study) to the Building Division
showing that this senior citizens' apartment complex is in conformance with Council ~olicy Number
542 "Sound Attenuation in Residential Projects" and with noise insulation standards specified in
Title 25 of the California Administrative Code.
4. That any proposed ground or roof-mounted equipment shall be subject to the requirements of the
Anaheim Municipal Code. Said information shail be specifically shown on the pians submitted for
Zoning and Building Division approval.
5. That the owner of subject property shall submit a letter requesting termination of Conditional Use
Permit Nos. 527 !to establish a trailer park), 1037 (to expand an existing mobile home park) and
2701 (to retain a mobile home in the RS-A-43,000 Zone) to the Zoning Division.
6. 7hat, if required by the Urban Forestry Division of the Community Services Department, street trees
shail be installed by the property owner within the public rights-of-way adjacent to Lincoin Avenue.
The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry
Division.
7. That the location(s) for future above-ground utility devices including, bu- not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shal~ be shown
on plans submitted for building permits. Said plans shall also identify the specific screening
treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access
points, etc.) and shall be subject to the review and approvai of the appropriate city departments.
8. That the leg~:l property owner shall enter into an unsubordinated recordable Affordable Agreement
(the "Agreement"), acceptable to and approved by the Executive Director of the Community
Development Department and the City Attor,ney. Such Agreement with the City of Anaheim shall
comply with California Government Code Section 65915 and Chapter 18.94 of the Anaheim
Municipal Code. The Agreement shali require that a minimum of forty nine percent (49%) of the
units within the development shall be cons4ructed for lower income households as follows:
(a) Twenty five percent (25%) of the units (twenty six (26) units) shall be restricted to rents at 35
percent (35%) of the area niedian income as adjusted for family size; and
(b) Twenty four percent (24%) o~ the units (twenty five (25) units) shall be restricted to rents at
fifty percent (50%) of the area median as adjusted for family size.
Such Agreement shali include appropriate rental controls as specified by the City, and the duration oF the
Agreement shall be for a minimum period of thirty (30) years. After the Agreement has been
recorded, copies shall be provided to the Zoning Division and Communiry Development
Department.
That not more than two (2) persons, at least one (1) of whom shall be a senior citizen aged sixty
two (62) or oider 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, sF~all
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
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calendar year shall be permitted; and that an unsubordinated covenant in a form approved by the
City Attomey so-limiting such occupancy shail be reaorded 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.
10. That trash storage area(s) shali be provided and maintained in location(s) acceptable to the Pubiic
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 storaga areas shall be
protected from graffiti opportunities by the use of piant 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 huilding permits.
11. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approvai.
12. That any required relocation of City electrical facilities shail be at the expense of the developer.
13. That the legal p~operty owner s~~all irrevocably offer to dedicate to the City of A~aheim an easement
across the property (to be decermined when electrical design has been completed) f~r public utility
purposes.
14. 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 behinii the bermed and landscaped setback area in a manner fully screened
from all pubiic streets. Said information shail be specifically shown on plans submitted for building
permits.
15. That water improvement plans shall be submitted to the Water Engineering Division oF the Public
Utilities Department for review and a,~proval when determining the conditions necessary for
providing water service to the project.
16. That evidence shall be submitted indicating that the site is one (1) legal parcel of record in
conformance with the Subdivision Map Act. A copy of the current deed(s), including ~eed(s) dated
prior to March 4, 1972, shall be submitted to the Public Works Department, Development Services
Division. The developer may have to conduct a"Chain of Title." If the property consists of one (1)
legal parcel, the developer shall submit a Certiticate of Compliance for review and approval by the
City Engineer. If the prope!ty consists of two (2) or more legat parcels, the developer shall submit a
Lot Line Adjustment for review and approval by the City Engineer. The Certificate of Compliance or
Lot Line Adjustment shall be racorded prior to issuance of a buiiding permit.
17. 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 the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit.
18. That plans si~all oe Supmitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with the most current versions of Engineering Standard Pian 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 plans. If required,
the submitted pians shall be modified to provide for adequate parking layout and circulation.
19, That the driveway 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.
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20. That an on-site trash truck tum around area shall be provided per Engineering Standarti Detail No.
610 and shail be shown on plans as required by the Streets and Sanitation Division.
21. That subject property shali 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 Revision No. 1 of Exhibit Nos. 1 through 3, 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
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 16, 17 and 18,
above-mentioned, shali 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.
23. That prior to final building and zoning inspections, Condition Nos. 19, 20 and 21, above-mentioned,
shall be complied with.
24. That approval of this application constituies 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 ~egu;ations. ApprovQl does not include any action or findings as to compliance or approval
of the request r.~garding any other applicable ordinance, regulation or requirement.
25. This conditional use per,mit is contingent upon the adoption of the City Council ordinance removing
the mobiiehome park overlay zone from the property.
BF IT FURTHEft 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 aIl of the conditions hereinabove set forth. Should any such condition, or any part thereof,
be declared invalid or unenforceable by the final judyment of any court of competentjurisdiction, then this
Resoiution, and any approvals herein contained, shall 'be deemed null and void.
THE FOREGOI'NG RESOLUTION w a opt d at the Planning Commission meeting of
November 8, 1999. ~~ ,
C RPERSON O TEMPORE,
AHEIM CITY PLANNING COMMISSION
ATTEST:
C~.'a.21,ki.) l~9
SECR TARY NAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim Ciry Planning Cammission, do hereby certity
that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on November 8, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: ~OMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOYDSTUN
IN WITNESS WHEREOF, I have hereunto set my hand this U/'" day of
~- , 1999.
~t,RAalZc~~l) ~dCa12i9~
SE RETA , ANAHEIM CITY PLADlNING COMMISSION
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