Resolution-PC 2001-120. ~
RESOLUTION NO. PC2001-120
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04427 BE GRANTED
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
THAT PORTION OF LOT 16 OF "ANAHEIM EXTENSION," IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SURVEYED BY WILLIAM
HAMEL DECEMBER 11, 1868 AND FILED FOR RECORD IN THE OFFICE OF THE
COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A COPY
THEREOF BEING ON FiLE IN THE OFFICE OF THE COUNTY RECORDER OF
ORANGE COUNTY, CALIFORNIA, IN BOOK 3, PAGES 163 ET SEQ. OF "LOS
ANGELES COUNTY MAPS", DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTERLINE INTERSECTION OF PLACENTIA AVENUE 60.00
FEET IN WIDTH (NOW STATE COLLEGE BOULEVARD) AND VERMONT AVENUE
66.00 FEET IN WIDTH, SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER
OF SAID LOT 16; THENCE FROM SAID POINT OF BEGINNING AND ALONG THE
CENTER~tNE OF VERMONT AVEfdI~€-/~ND ~H~ SO~1THE-R~Y ~IIUE.OF SAID LOT 16r _
SOUTH 74 DEGREES 34' 15" WEST 641.43 FEET, MORE OR LESS, TO THE
WESTERLY LINE OF THE LAND CONVEYED TO BERNARD SCHROEDER BY DEED
RFG~?RQ~Q IN ~QQK 352; PAGE 266, DEEDS, RECORDS OF ORANGE COUNTY,
CALIFORNIA; THENCE ALONG THE WESTERLY LINE OF THE LAND OF
SCHROEDER, NORTH 15 DEGREES 27' 20" WEST 255.83 FEET; THENCE
ENTERING THE LAND OF SCHROEDER, NORTH 74 DEGREES 34' 15" EAST 712.57
FEET, ORE OR LESS, TO THE EASTERLY LINE OF SAID LOT 16, AND THE
CENTERLINE OF PLACENTIA AVENUE; THENCE ALONG THE EASTERLY LINE OF
SAID LOT 16, AND THE CENTERLINE OF PLACENTIA AVENUE, SOUTH 0 DEGREES
15' 15" WEST 265.51 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERLY 340 FEET THEREOF.
PARCEL 2:
THAT PORTION OF LOT OF A OF TRACT O, 2205, AS SHOWN ON A MAP
RECORDED IN BOOK 64, PAGES 33, 34 AND 35 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, LYING EASTERLY OF THE
NORTHERLY PROLONGATION OF THE EASTERLY LINE OF TRACT NO. 8417, AS
S!~Q~l~l~! Q^! A ~AAP REr~RDED If~ BQQK 339, PAGES 49 AND 50 OF SAID
MISCELLANEOUS MAPS.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on August 27, 2001 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
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:
CR5174PK.doc -1- PC2001-120
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1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.21.050.325 and 18.94.020 to construct a 60-unit, three-story
"affordable" senior citizens' apartment complex with a density bonus and waivers of the following:
(a) Sections 18.06.050.013.0131 - Minimum number of qarkinq spaces.
18.06.080 (66 required; 50 proposed)
and 18.94.036.010
(b) Sections 18.34.061.010 - Minimum building site area qer dwellinq unit.
18.94.031.020 (1,200 square feet per unit required;
and 18.99.040 1.052 square feet per unit proposed)
(c) Sections 18.94.030 - Maximum structural heiqht.
18.94.032.010 (23-foot hiqh building shall have minimum 46-foot setback from
and 18.99.040 RS-7200 zoning to the north, 25-foot setback proposed; and
35-foot hiqh building shall have minimum 70~foot setback from
RS-7200 zoning to the north, 50-foot setback proposed)
(d) Sections 18.34.063.002.028 - Minimum setback abuttinq one-familv residential
18.94.033.010 developments.
and 18.99.040 (20-foot fullv-landscaped setback required;
none to 5 feet proposed between open parking spaces and
RS-7200 and RS-5000 zoning to the north and west)
2. That waiver (a), minimum number of parking spaces, is hereby approved on the basis
that the petitioner submitted a parking study prepared by a registered traffic engineer, and that the City
Tr~ffic ~nd Transportation Manager has reviewed the study and determined that the proposed on-site
parking is adequate for this proposed use at this location.
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 proposed use.
4. 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.
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.
6. That the parking waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided for the proposed 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 waiver (b), minimum building site area per dwelling unit, is for a density bonus of
about 15% in conjunction with an "affordable" senior citizens' apartment complex; and that the waiver is
hereby approved on the basis that, as conditioned herein, the petitioner will enter into appropriate
agreements with the City of Anaheim regarding age and occupancy requirements for this seniors' project,
and to set aside specific numbers of units for very low income households and for lower income
households.
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9. That waiver (c), maximum structural height, is hereby approved on the basis that this
proposal is an "affordable" seniors' housing project; and that the proposed site plan fessens any possible
visual intrusion towards the nearby residence because the north wing of the proposed building is oriented
perpendicular to the adjacent single-family residences.
10. Waiver (d), minimum landscaped setback abutting one-family residential developments,
is hereby approved on the basis that this proposal is an "affordable" seniors' housing project.
11. That the proposed construction is an eligible housing development; that each incentive
(waiver) granted to the petitioner is necessary to make the proposed housing project economically
feasible to provide for affordable housing costs; that the density bonus and each additional incentive
granted will further the City of Anaheim's affordable housing goals as set forth in the Housing Element of
the City's General Plan; and that each incentive 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 this eligible housing
project.
12. That the petitioner has submitted inforrnation indicating that services including food
markets, retail stores, medical offices and financial institutions (banks}, are readily-available on State
College Boulevard within short walking distances of subject property; and that public transportation (i.e.,
bus lines) is available on State College Boulevard.
13. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
44. 'Fhat one person spoke ir~#avof of ~he proposal at #he public hearingr that 19 _people
present at the public hearing indicated their approval of the proposal; and that one letter in support of the
proposal was received.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 3-story, 60-unit affordable senior citizens
apartment complex with a density bonus with waivers of minimum number of parking spaces, minimum
building site area per dwelling unit, maximum structural height and minimum required setback abutting a
single-family residential zone on a irregularly-shaped, 1.45-acre property is located at the northwest
corner of State College Boulevard and Vermont Avenue, with frontages of 250 feet on the north side of
Vermont Avenue and 225 feet on the west side of State College Boulevard (891 South State College
Boulevard); 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, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
N~ e~e;ve th~ safe±y a~d ~snPra! Welf~are of tF-e 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; that the lighting fixtures shall be
decorative and shall be directed away from adjacent residential property lines to protect the
residential integrity of the area; and that this information shall be specified on the plans submitted
for building permits.
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2. That final plans shall be submitted to the Zoning Division for review and approval by the Planning
Commission as a"Reports and Recommendations" item, including the following:
(a) Detailed colored building elevation drawings,
(b) Exterior building materials and colors board (including roofing),
(c) Landscaping plan, including minimum finrenty four inch (24") box sized trees on maximum
intervals of twenty (20) feet on-center adjacent to the single family homes and the Vermont
Avenue and State College Boulevard frontages,
(d) Wall and/or freestanding signage within the complex,
(e) Exterior building light fixtures and parking lot lighting,
(fl Mechanical equipment, including roof-mounted and ground-mounted (no window-mounted
equipment shall be permitted},
(g) Specific trash enclosure location(s) and features,
(h) Pedestrian gates,
(i) Perimeter fencing height, materials and location,
(j) Driveway treatments, and
(k) Detailed common recreational area amenity and improvement plans, including decorative
hardscape features, community garden, fountains, patios, benches, tables, community
barbecue, planter boxes, community fireplace, and/or other amenities that will promote
community gathering areas within the complex.
That the developer shall submit satisfactory evidence (a noise study) to the Building Division
showing that the senior citizens' apartment complex is in conformance with Council Policy Number
542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the
Calt#orrtta Ad~inis~ra~EV~ ~ode, ~itle 25.
4. That any proposed ground- or roof-mounted mechanical equipment shall be subject to the
requirements of Anaheim Municipal Code. Said information shall be specifically shown on plans
submitted for building permits.
5. That, if required by the Urban Forestry Division of the Community Services Department, the property
owner/developer shall plant street trees within the public right-of-way adjacent to Vermont Avenue
and State College Boulevard. The size, type and number of trees shall be provided to the
satisfaction of the Urban Forestry Division; and this information shall be specified on the plans
submitted for building permits
6. 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
on the plans submitted for building permits. The plans shall also identify the specific screening
treatment for 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.
7. 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 Comrn~ni#y ~evelopment Department pursuant to California Government Code Section 65915 to
provide that a minimum of 49 percent (49%0) 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°/a) 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 a minimum twenty 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 fess 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.
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8. That not more than two (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 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 flve (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.
That finro (2) trash storage areas shall be provided and maintained in locations acceptable to the
Public Works Department, Streets and Sanitation Division, and in accordance with approved plans
on file with said Department. Said storage areas shall be located at the ends of the building wings
and shall be designed, located and screened so as not to be readily identifiable from Vermont
Avenue and State College Boulevard. 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 Division for review and approval.
14. ~hat any-required-Feloea~ion-o# efty eleE~rical -facili#ies shall be at the expense of the developer.
12. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
across #I~e oroperty (to be determined when electrical design has been completed) for public utility
purposes.
13. That the developer shall provide the City of Anaheim with electrical utility easements for pad
mounted equipment and substructures associated with Underground District No. 42. Said electrical
utility easements will be in addition to the electrical utility easement for the pad mounted transformer
and high voltage primary feeder to the development, and in accordance with approved plans on file
with the Public Utilities Department.
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 behind the bermed landscaped setback area in a manner fully screened from all public
streets and alleys. Said information shall be specifically shown on the plans submitted for building
permits.
15. That a private water system with separate water service for fire protection and domestic water shall
be provided.
16. That the developer/owner shall provide a detailed water usage analysis and bui~ding plans for Pubtic
Utilities Water Engineering review and approval to determine the adequacy of the existing water
system to meet the project's water requirements. Any system improvements shall be completed in
accordance with Rule No. 15A.6 of the Rates, Rules and Regulations.
17. That a lot line adjustment plat to combine the existing lots shall be submitted to the Subdivision
Section (Development Services Division) of the Public Works Department and approved by the City
Engineer and then recorded in the Office of the Orange County Recorder.
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18. That the developer shall construct a sewer retention tank to store all effluent on site. The tank may
be discharged into the city's public sewer system during the off peak hours of 11 p.m. to 5 a.m. The
developer shall draft a restrictive covenant agreeing to this requirement. Said covenant shall be
submitted to the Planning Department and will be reviewed and approved by the Development
Services Division of the Public Works Department and the City Attorney's Office.
19. That gates shall not be installed across any driveways 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 by the City Traffic and
Transportation Manager prior to issuance of a building permit.
20. 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, 602 and 604 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
21. That aif driveways shall be constructed with ten (10) foot radius curb retums 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.
22. That plans shall be submitted to and approved by the City Traffic and Transportation Manager
specifying how the vehicular security gates and vehicle turn-around area will function.
23. Condition No. 23 was deleted at the Planning Commission public hearing.
24. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
25. Tha# ~n on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shall be shown on plans as required by the Streets and Sanitation
Division. Said area shall be specifically shown on the plans submitted for building permits.
26. 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 7, and as conditioned herein.
27. 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, 6, 7, 8, 9, 10,12, 13, 14, 16, 17, 18,
19, 20, 21, 22, 25 and 30, 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.
28. That prior to final building and zoning inspections, Condition Nos. 15 and 26, above-mentioned, shall
be complied with.
~o, Th~t ~pF~~~,ai ~f t~~c ~ppli~ati9n ~on~titutes 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.
30. That the drive aisle on the northeast side of the subject property to State College Boulevard shall be
reduced to twenty (20) feet in width; and that an eight (8) foot wide landscaped planter shall be
provided between the drive aisle and the neighboring residential property; and that this information
shall be specified on the plans submitted for building permits.
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BE IT FURTHER 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 atl 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.
THE FOREGOING RESOLUTfON was adopted at the Plaryning Commission meeting of
August 27, 2001. ~ ~, ~ A ~
ERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST: ~
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Fernandes, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on August 27, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABS~NT; ~QMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this .2.~ ~ day of
~c-~o ~i~ , 2001.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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