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Resolution-PC 2000-121~ ~ RESOLUTION NO. PC2000-121 A RESOLUTION OF TH~ ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2000-04265 BE GRANTED, IN PART WHEREAS, the Anaheim 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 OF PARCEL MAP NO. 87-440, AS SHOWN ON A MAP FILED IN BOOK 241 PAGES 48, 49 AND 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. AND PARCEL 2 OF PARCEL MAP IVO. 87-440, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 241, PAGES 48 TO 50 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AND PARCEL 3 OF PARCEL MAPS NO. 87-440, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 24'!, PAGES 48 TO 50 VNCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDEI~ OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 6, 2000 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 conditional use permit and to investigate and make findings and recommendations in connection therewith; and that the hearing was continued from the meeting of October 23, 2000; 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 18.44.050.305, 18.94.020 and 18.99.080 to construct a 3-story, 81- unit affordable senior citizens' apartment complex with a density bonus and with waivers of the following: (a) Sections 18.06.050.010.013.0131 18.06.080 18.44.050.305 and 18.94.036.010 Minimum number of parkinQ spaces. (96 required; 83 proposed) (b) Sections 18.44.050.305 and 18.94.032.010 Maximum structural heiqht. 2. That this proposal is for 81 units on a 1.92-acre site, which is a 17% density bonus; and that the maximum 25°/a density bonus specified by Code would allow up to 86 units (i.e., maximum 36 dwelling units per acre x 1.92 acres x 1.25°r6). CR4933PK.doc -1- PC2000-121 • • 3. That waiver (a), minimum number of parking spaces, is hereby approved on the basis that the proposed number of parking spaces will be adequate based upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study and parking management plan, and in accordance with the conditions contained herein, as concurred with by the City Traffic and Transportation Division. 4. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the approved 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 such use. 5. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 6. 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. 7. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the approved use. 8. 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. 9. That waiver (b), maximum structural height, is hereby denied on the basis that it was deleted following public notification. 10. That the applicant has proposed construction of a housing development which eligible for a density bonus. 11. That the applicant has demonstrated that the incentive granted is necessary to make the proposed housing project economically feasible to provide for affordable housing costs. 12. That no additional incentives are necessary to make the proposed housing project economically feasible to provide for affordable housing costs. 13. That the density bonus and the additional incentive granted further the City's affordable housing goals as set forth in the Housing Element of the City's General Plan. 14. That the additional incentive granted will not, on balance, be detrimental to the public health, safety and welfare, and will not cause injury to property in the immediate vicinity of the eligible housing project. 15. That the proposed seniors' apartment complex, as approved herein, will not have an adverse impact on adjoining land uses. 16. That the size and shape of the site for the proposed use, as approved herein, is adequate to allow full development of the proposed apartment complex in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 17. That the traffic generated by the proposed use, as approved herein, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 18. That no one indicated theiripresence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. -2- PC2000-121 ! • CALIFORNIA ENVIRONM~NTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct an affordable 3-story, 81-unit senior citizens' apartment complex with a density bonus and with waivers of minimum number of parking spaces and maximum structural height on a rectangularly-shaped 1.92-acre property having a frontage of 292 feet on the south side of Lincoln Avenue and a maximum depth of 278 feet, being located 515 feet west of the centerline of Brookhurst Street, and fiurther described as 2240 West Lincoln Avenue; 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 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 the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That exterior lighting fixtures shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be decorative and shall be directed away from adjacent residential property lines to protect the residential integrity of the area. Said specifications shall be shown on the plans submitted for 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. Said plans shall address the following aspects of the project: (a) Exterior building materials and colors board (including roofing). (b) Detailed landscaping plan, inclwding provisions for minimum twenty four inch (24") box sized trees. (c) Signs. (d) Building light fixtures and parking lot lighting. (e) Mechanical equipment, including roof-mounted and ground-mounted equipment. (No window-mounted equipment shall be permitted). (f) Pedestrian and vehicular gates, and any intercom system. (g) Fencing height, materials and location. 3. That prior to requesting electrical service, plans shall be submitted to the Electrical Engineering Division for review and approval showing load data, meter locations and transformer locations. 4. That the developer shall submit satisfiactory evidence (i.e., a noise study) to the Building Division showing that the apartment complex is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 5. That any proposed ground or roof-mounted equipment shall be subject to the requirements of the Anaheim Municipal Code. Said inforrnation shall be specifically shown on plans submitted for Zoning and Building Division approva'I. 6. That, if required by the Urban Forestry Division of the Community Services Department, street trees shall be planted by the property owner within the public right-of-way along Lincoln Avenue. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division. Said information shall be specifically shown on the plans submitted for building permits. 7. That the location(s) 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 -3- PC2000-121 ~ ~ on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 8. That the legal property owner shall enter into an unsubordinated recorded Affordable Housing Agreement with the City of Anaheim satisfactory in form and substance to the Executive Director of the Community Development Department pursuant to California Government Code Section 65915 to provide that 49 percent (49%) of the total proposed number of residential units shall be rented as very low income housing as defined in California Government Code Section 65915 at or below fifty percent (50%) of the Adjusted Median Income and with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the date of issuance of occupancy permits. In addition, the legal owner shall also include in the agreement a provision that finrenty five percent (25%) of the total number of proposed units shall be rented as lower income housing (as described in Anaheim Municipal Code Section 18.94.040) with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (30) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall then be submitted to the Zoning Division. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and 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 shall be specifically shown on the plans submitted for building permits. 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Divisiornfor review and approval. 11. That solid waste service shall be provided by three (3) cubic yard bins. Said information shall be submitted to the Streets and Sanitation Division for review and approval. 12. That prior to completion of electrical design, the legal owner of subject property shall provide the City of Anaheim with a public utilities easement. 13. That any required relocation of City electrical facilities shall be at the expense of the developer. 14. That prior to applying for water meters or fire lines or prior to submitting water improvement plans, the developer shall submit an estimate of maximum fire flow rate and the average day, maximum day and peak hour water demands fo~~r the project to the Water Engineering Division for review and approval. 15. 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. 16. That because this project has landscaping 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 and City of Anaheim Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 17. That three (3) foot high street address numbers shall be displayed on the flat area of the roof in a color contrasting to the roof material; provided that the numbers shall not be visible to the street or adjacent properties. Said information shall be specifically shown on the plans submitted for building permits. -4- PC2000-121 • • 18. 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 behind the bermed landscaped setback area in a manner fully screened from all public streets. Said information shall be approved by the Water Engineering Division and the Cross Connection Control inspector prior to submittal of building permits, and the information shall then be specifically shown on the plans submitted for building permits. 19. That the developer shall pay the sewer deficiency fee for the Anaheim Plaza Area. 20. That the property owner shall install "no stopping at any time" signs on Lincoln Avenue in front of this property to limit on-street parking. 21. That the driveways shall be limited to right-in and right-out only. Said information shall be specifically shown on plans submitted for building permits. 22. That gates shall not be installed across any 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. 23. 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. 402, 436, 601 and 604 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained ~in conformance with said plans. Said information shall be specifically shown on the pla,ns submitted for building permits. 24. That the driveways 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. Said information shall be specifically shown on the plans submitted for building permits. 25. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shown on the plans submitted to the Department of Public Works, Street Sweeping and Sanitation Division, for review and approval. Said area, as approved, shall be shown on plans submitted for building permits. 26. (a) That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. (b) That no enclosed garage shall be used for storage purposes. (c) That the forty six (46) open parking spaces shall be unassigned and shall be available to residents, guests and employees. 27. That no compact or small car parking spaces shall be permitted. 28. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for sign or wall/fence locations. Said information shall be specifically shown on the plans submitted for building permits. 29. That any public utility easements that will be adversely affected by the proposed development shall be abandoned. An application for abandonment shall be submitted to the Real Property Section of the Public Works Department. The City Council will determine whether to approve or deny the request for abandonment at a public hearing. -5- PC2000-121 . • 30. That a Lot Line Adjustment Plat to combine all existing lots so that any new buildings lie completely within one (1) parcel shall be submitted to the Public Works Department, Subdivision Section (Development Services Division) for review and approval by the City Engineer. Following approval, it shall be recorded in the Office of the Orange County Recorder. 31. (a) That existing easements shall qe retained for all remaining City facilities. (b) That the developer shall request the City to relinquish any easements that are no longer needed. 32. 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 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, shall 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 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 Zoning Division. 33. 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 through 10, and as conditioned herein. 34. 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, 8, 9, 10, 11, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 28, 29, 30, 31 and 32, 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. 35. That prior to final building and zoning inspections, Condition Nos. 20 and 33, above-mentioned, shall be complied with. 36. 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission 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. -6- PC2000-121 i • THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 6, 2000. _ CHAIRPERSON, ANAHEIM CITY ANNING COMMISSION ATTEST: ~~ . SECRET RY, A HEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed arad adopted at a meeting of the Anaheim City Planning Commission held on November 6, 2000, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT NOES: COMMISSIONERS: BOYDSTUIV ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of , 2000. . 4~ SEC TARY, ANAHEIM CITY PLANNING COMMISSION -7- PC2000-121