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2002-158RESOLUTION NO. 2002R-158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2002-04499. WHEREAS, after a request for variance was received to permit a 23-unit, two to three-story, affordable "special needs" apartment complex, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2002-04499 was granted covering the following described property: 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; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Comraission action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That the petitioner proposes waivers of the following provisions to construct a 23- unit two to three-story, affordable "special needs" apartment complex: Sections 18.06.050.010.012.0121 Minimum number, type, and design of off-street parkinq and 18.34.066.01 spaces. (Required: total 30 spaces, including 23 covered spaces; Proposed: total 23 spaces, including 4 covered spaces) Section 18.34.062.010.011 Maximum structural heiqht. (2 stories permitted; stories proposed) Section 18.34.062.030.032 Minimum dwellinq unit size. (Maximum 20% (5 units) of the 23 units permitted to be bachelor units; 95% (22 units) proposed to be bachelor units) Section 18.34.063.020.028 Minimum structural setback abuttinq 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) Sections 18.99.030.020 - and 18.99.050, and California Government Code Additional incentives in lieu of a density bonus. (Permitted for Eligible Housing Developments: maximum 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. That the parking waiver, under the conditions -2- 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 18.03.091 and 18.03.092 of the Anaheim Municipal Code. 9. That, in accordance with subsection .030 "Selection 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 o~ 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 traffic volumes and road capacities, school enrollments, 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 -3- 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. 1t. 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. That five people spoke in favor of the proposal at the 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 Council 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 centertine of Dale Avenue, and further described as 2761 West Ball 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 -4- 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 City Council does hereby grant subject Petition for Variance, 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: 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 org a Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 2. That the property owner shall comply with Chapter 18.60 "Transportation Demand" of the Anaheim Municipal Code (Ordinance No. 5209 and Resolution No. 91R-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 thereupon be developed and -5- maintained 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 "compact" 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 (t) 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. 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 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. -6- 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 developer/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 existing water system to provide 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 Electrical 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 of trash or debris, and removal of graffiti 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 submitted to the Zoning Division for review and approval. Final landscaping plans shall show minimum twenty four (24) to thirty six (36) inch box sized tzees 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. 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 shall 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 integrity 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 applicant and the City, and recorded 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 -8- 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. I, 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 prior to final building and zoning inspections, Condition Nos. 26 and 32, above-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 applicable ordinance, regulation 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 no~iced public hearing. Said covenant shall be reviewed and approved as to form by the City Attorney's office then recorded in the Office of the Orange County Recorder. A copy of the recorded covenant shall be submitted to the Zoning Division. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim 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. -9- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 2nd day of July, 2002. ATTEST: CITY CL~K OF'THE CITY OE ANAHEIM 45356.1 -10- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-158 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 2nd day of July, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Feldhaus, Tait, Kring, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None cITY CLERI~OF TI-:iE CITY OF ANAHEIM (SEAL)