Resolution-PC 99-55RESOLUTION NO PC99-55
A RESOLUTION OF THE ANAHEIM CITY PLANNING C~JMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4088 BE GRANTED, IN PART
WHEREAS, the Analieim 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:
LOT 5 OF TRACT NO. 3091, IN THE CITY OF P.~•IAHEIM, COUNTY OF
ORANGE, STATE OF CALIFURNIA, AS PER M.4P RECORDED IN BOOK 92,
PAGES 48 AND 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
PARCEL 2:
THE EASTERLY 150.00 FEET OF LOT 7, MEASURED ALONG THE SOU'~Fi
LINE OF SAID LOT, OF TRACT NO. 3091, IN THE CITY OF ANAHEIM, AS PER
MAP RECORDED IN BOOK 92, PAGE 48 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE CGUNTY RECORDER OF SAID COUNTY, THE WESTERLY
LINE THEREOF BEING PARALLEL WITH THAT PORTION OF THE EASTERLY
LINE OF SAID LOT SHOWN AS "IJORTH 00° 37' 00" EAST 150.00" ON SAID
MAP.
EXCEPT THE SOUTH '~50.00 FEET THEREOF MEASURED ALONG THE EAST
LINE OF SAID LOT.
SAID PARCEL 2 ABOVE IS ALSO KNOWN AS PARCEL "A" OF PARCEL MAP
FILED IN BOOK 10, PAGE 26 C~F PARCEL MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUN'tY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on March 29, 1999 at 1:39 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 againsi said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said hearing was continued from
the Commission meetings of January 4, February 1 and March 1, 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 une for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.44.050.305 to construct a 34-unit "affordable" senior citizens'
apartment complex with a density bonus, with the following waivers:
(a} 5ections 18.34.61.010 -
and 18.94.031.020
(b) Section 18.94.032.010 -
(c) Sections 18.34.063.011 -
and 18.94.033.010
Minimum buildinq site area oer dwellinp unit.
(1.200 sa.ft. required; 1.025 sa.ft, praposed)
Maximum structurai heiaht.
Minimum landscaoed setback adiacent to a collector street.
Cr3594pk DOC -1- PC99-5~
(d) Sections 18.34.063.012 - Minimum structural and landscaoed setback adiacent to a
and 18.94.033.010 Iocal street.
(e) Sections 18.34.063.022 - Minimum side vard setback.
and 18.94.033.010
(~ Section 18.94.032.011 - Reouired >_levators.
{y) Section 18.94.035.020 - Minirrum ps~estrian access.
(h) Section 18.94.038.020 - Location of private storage areas.
(i) Section 18.94.040 - Minimum reauired affordable u~its.
2. That this conditional use permit for a 34-unit complex was inadvertently advertised as a
37-unit complex.
3. That waiver (a), minimum building site area per dweliing unit (density), is hereby approved
for a density bonus of 17% more senior's apartment units (5 units) than permitted by Code (29 units) on
the basis that there are special circumstances applicable to the property such as size, shape, location and
surroundings, which do not apply to other identically zoned properties in the vicinity; and that strict
application of the Zoning Code deprives the property of privileges enjoyed by other properties under
identical zoning classification in the vicinity.
4. That waiver (b), maximum building height, is hereby denied on the basis that it is not
required for a seniors' apartment comFlex in the CL "Limited, Commercial" zone where 36-foot high
seniors' apartment buildings are permitted when located no closer than 72 feet to single family zoning (the
proposal is for 36-foot high buildings located 140 feet from RS-7200 zoning).
5. That waivers (c), (d), (e), (~, (g), (h) and (i) are hereby denied on the basis that they were
deleted when revised plans were submitted following public notification.
6. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is propesed to be located.
7. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety and general welfare.
S. 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.
9. That granting of this conditional use permit, under the conditions imposed, will not be
detrimental to the p~ace, health, safety and general welfare of the citizens of the City of Anaheim.
10. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIP, ENVIFtONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 34-unit "affordable" senior citizens'
apartment complex with a density bonus and with waivers of minimum building site area per dwelling unit,
maximum structural height, minimum landscaped setback adjacent to a collector street, minimum
structural and Iandscaped setback adjacent to a local street, minimum side yard setback, required
elevators, minim~m pedestrian access, location of private storage areas, and minimum required affordable
units on an irregulariy-shaped, 0.8-acre property having a frontage of 154 feet on the west side of Gilbert
Street, a maximum depth of 300 feet and being located 203 feet noRh of the centerline of Ball Road (935
South Gilbert Street); 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 Deciaration
CR3594PK.DOC -2- PC99-55
together with any comments received during the public review process and further finding on the basis of
the initiai study and any comments received that there is no substantial evidence that the project will have
a significant effect on the environment.
NOW, TNEREFORE, 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 tha proposed use of the subject property in order to
preserve ihe safety and general welfare of the Citizens of the City of Anaheim:
1. That !rash storage areas shall be provided and maintai~ed in location(s) acceptable to the Public
Works Department, Streets a3nd Sanitation Division, and in accordance with approved plans on file
with said Department. Said storage areas 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 opperlunities by the use of plant materials such as minimum one (1) gallon
sized clinging vines planted on maximum three (3) ~oot centers or tall shrubbery. Said information
shall be specifically shown on the plans submitted for building permits.
2. 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 approval.
3. That this property shall be served with underground utilities in accordance with the Electrical Rules,
Rates, and Regulations and the City oF Anaheirri Underground Policy.
4. 7hat the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement across the property (to be determined when electrical design has been completed) for
public utility purposes.
5. That the water back-flow 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 laridscaped setback area along Gilbert Street in a
manner fully screened from all public streets. Said information shall be specifically shown on plans
submitted for building permits.
6. That water improvement plans shall be submitted to the Water Engineering Division of the Public
Utilities Department for review and approval te determine the conditions necessary for providing
water service to the project.
7. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water
Engineering Division of the Public Utilities Department) an easement twenty (20) feet in width for
water service mains for operation and maintenance purposes and/or an easement for large meters
or fire lines installation.
8. That a bond shall be posted in an amount to be determined by the Water Engineering Division of
the Public Utilities Department for water looping from Gilbert Street to Bruce Street. The
construction for the water equipment shall be completed prior to occupancy.
9. 7hat the Iegai property owner shall record a certificate of compliance for all property inctuded in Lot
Line Adjustment No. 256 and that a new Lot Line Adjustment shall be recorded for the properiy
included in this Conditional Use Permit.
10. That the property owneddeveloper shall pay the Sewer Capacity Mitigation Fee for the South
Brookhurst Corridor Study Area.
11. That gates shall not be installed across the driveway in a manner which may adversely affect
vehicular traffic in the adjacent public sireet. 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 o( a building permit.
CR3594PK.DOC -3- PC99-55
12. That plans shall be submitted to the City Tra~c and Transportation Manager for review and
approval showing conformance with fhe current version of Engineering Standard Plan Nos. 402,
436, 601 and 604 pertaining to parking standards and driveway locations. Subject property shall
thereupon be deveioped and maintained in conformance with said plans. The submitted plans
shall be modified to provide for adequate parking layout and circulation.
13. That the driveway on Gilbert Street shail be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 137.
14. That an on-site trash truck turn around area shall be provided in conformance with Engineering
Standard Detail No. 610 and shown on plans as required by the Street Sweeping and Sanitation
Division.
15. That the developer shall provide an engineering plan indicating adequate line-of-sight distance for
the driveway on Gilbert Street.
16. That final plans shall be submitted to the Zoning Division for review and approval by the Planning
Comrriission as a"Reports and Recommendations" item. The final plans shall consist of the
following: (a) detailed elevation drawings, (b) exterior building materiais and color board (including
roofing), (c) landscape plar (sho~ving minimum twen[y ~our (24j irch sized box trees), (d) sic~ns, (e)
lighting, (f) mechanical equipment (includi~g roof-mountsd and window-mourted equipment), and
detailed patio plsns showing landscaped planters and engineering details.
17. That elevators shall be provided for this project such that each apaRment entrance is located no
more than one hundred fifty (150) feet walking distance from an elevator. Each elevator sf~~ll
comply with the State of California Fire Life Safety regulations. ~aid information shall be
speciflcal;y shown on plans subi~i';~d for building permits.
18. That the Iegal propert~ owner shall enter into an uns~bordinated recorded Affordable Agreement
(the "Agreement") in a form satisfactory to the Executive Director of the Community Development
Department and the City Attorney's Office. Such Agreement with the City of Anaheim shall comply
with California Government Code Section 65915 and Chapters 18.94 and 18.99 of the Anaheim
Municipal Code. The Agreement shall require that a minimum of seventy four percent (74%) of the
units within the developmen; must be constructed for lower income households as follows: (1} 25
percent (25%) of the units (8 units) shall be restricted to rents at 35 percent (35%) of area median
income; (2) 24 percent (24%) of the units (8 units) shall be restricted to rent at 50 percent (50%) of
the area median income; and (3) 25 percent (25%) of the units (8) units shall be restricted to rents
at 60 percent (60%) of area median income. Such Agreement shall include appropriate rental
controls as specified by lhe City, and the duration of the Agreement shall be for a period of thirty
(30) years. After the Agreement has been recerded, copies shall be provided to the Zoning
Division and the Community Development Department.
19. That not more than twu (2) persons, at least one (1) of whom must be a senior citizen aged sixty
two (62) or older shall reside in, or be permitted to reside in, any bacheior or one (1) bedroom unit;
and that not more ?han lhree (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 dw~elling 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; provided, however, 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 Zonfng Division.
CR3594PK.DOC -4- PC99-55
20. That lighting fixtures (n any proposed parkfng area located adjacent to any residential property shail
be down-lighted wiih 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 and shail
be so-specified on the plans submitted for building permits.
21. 7hat the owner of subject property shall submit a letter to the Zoning Division requesting
termination of Variance tJo. 1887 (waiver of minimum building setback and minimum number of
parking spaces to permit the expansion of a medicai facility at 935 South Gilbert Street).
22. Tfiat high quslity roofing materials shall be utilized. Said information shall be specifically shown on
plans submitted for building permits.
23. That an intercom system shall be installed behveen the pedestria~i gate adjacent to Bruce Street
and the office to allow for notification of large deliveries. Said information shall be specifically
shown on plans submitted for building permits.
24. That the developer shall submit satisfactory evidence (a noise study) to the Building Division
showing that the sanG ~° ^itizens' apartment complex is in conformance with Council Policy Number
542 "S~und Attenu::,•,,. in Residentiai Projec!s" and ~vith Noise Insulation Standards specified in
the G~ii~~asnia A~:~ :~,~(e;;rzti~~e C~c;e, Titln 25.
25. That sub~act proF~erty :;h~,ll tie developed substaniiaiiy in accordance with plans and specifications
submitte~! to the City of :lnaheim by the petitior^- and wh(ch plans are on file with the Planning
Department marked Revl:,ic.~n Nc. 1 of Exhibit Nos. 1 through 9, and Exhihit No. 10, and as
conditioned f~erein.
26. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resoiution, whfchever occurs first, Condition Nos. 1, 2, 4, 5, 6, 7, p, 9, 10, 11, 12, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23 and 24, 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.
27. That prior to finai buildinc~ and zoning inspections, Condition Nos. 3, 13 and 25, above-mentioned,
shall be complied with.
28. That approval of this application constitutes approval of the proposed request only to the extent
that it complies with th~ Anaheim Municipal Zoning Code and any other applicabie Cify, 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 reauirement.
BE IT FURTHER RESOLVED lhat the Anaheim City Planninc~ Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanPs compliance
with each and all of the conditions hereinabovo set forth. Should any ~uch 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 ~pprovals herein contained, shaA be deemed nul .'nd void.
THE FOREGOING RESOLUTIO as opled/ th •Planning Commiss(on meeting of
March 29, 1999.
~
CHAIRPER , A dEIM CITY PLANNING COMMISSION
ATTEST:
____~L~~aR~~ ~~~
SECRETARY, A~HEIM CITY PLANNING COMMISSION
CR3594PK.DOC -5- PC99-55
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Pianning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of tne Anaheim City Planning
Commission held on March 29, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BvYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES
NOES: COMMISSIONERS: NONE
ABSENT: COD~MISSIONERS: WILLIAMS
IN WITNESS WHEREOF, I have hereunto set my hand this _~ day of
~~1.~, 1999.
., ~~ ___1~'~t.tR.c~ ~d~~
SECRETARY, NAHEIM CITY PLANNING COMMIaSiON
CR3594PK.DOC -6- PC99-55