Resolution-PC 2001-60~ ~
RESOLUTION NO. PC2001-60
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2001-04350 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:
LOT 5 OF TRACT NO. 3091, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP 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 SOUTH 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 COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE THEREOF
BEING PARALLEL WITH THAT PORTION OF THE EASTERLY LINE OF SAID LOT
Sk~OWI~AS "NORTH 00 D~~R~ES-37' 00°-EAST 150.00" ON SAID MAP.
EXCEPT THE SOUTH 150.00 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 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on May 7, 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:
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 18.99.040 to construct a 34-unit
"affordable" senior citizens' apartment complex with a density bonus and with the following waivers:
(a) Sections 18.34.61.010 - Minimum building site area per dwelling unit.
18.94.031.020 (1,200 square feet per unit required; 1,025 square feet proposed)
and 18.99.040
(b) Sections 18.34.062.011 - Maximum structural heiqht.
and 18.94.032.010 (1-stON permitted within 150 feet of a single-family residential zone;
3-stories proposed 140 feet from RS-7200 "Residential, Single-
Family" zoning to the north)
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2. That the underlying zoning is CL (Commercial, Limited).
3. That waiver (a}, minimum building site area per dwelling unit (the "density bonus"), is
hereby approved on the basis that there are special circumstances applicable to the property based on its
irregular shape and location having frontages on finro streets (including the curved portion of the cul-de-
sac on Bruce Street), which make compliance with the Code difficult by requiring structural setbacks on
both street frontages; and that the proposed number of units (34) is a density bonus of only 17% for this
seniors' apartment complex.
4. That waiver (b), maximum structural height, is hereby approved on the basis that the
property is oddly-shaped and that nearby single-family residences will be shielded by existing apartment
units and senior citizen's apartment units to the north of this site.
5. That strict application of the Zoning Code would deprive this property of privileges
enjoyed by other properties under identical zoning classification in the vicinity because the existing
adjoining senior citizen's complex to the north was granted a similar density bonus and it consists of two
stories within 150 feet of single-family residential zoning.
6. That the proposed senior citizens' complex will not adversely affect the adjoining
existing senior citizen's apartment complex and will not affect the growth and development of the
surrounding area because a significant setback is proposed adjacent to the existing seniors' apartment
complex in order to preserve light and privacy.
7. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner which is not cietrimental to the particular area's peace, health,
safety and general welfare.
8. That the traffic generated by this seniors' apartment complex will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area.
9. That granting this conditional use permit, as conditioned, will not be detrimental to the
peace, health, safety and general welfare of the citizens of the City of Anaheim.
10. That the proposed senior citizens' apartment complex is located in an area which offers
a variety of services within close walking distances, including retail and grocery stores, banks, medical
offices and transit stops, in accordance with Section 18.94.040.030 of the Anaheim Municipal Code
"Required Finding of Accessibility to Services"; and that, as conditioned, the tenants in this complex will
comply with age and occupancy limitations set forth in Chapter 18.94 "Criteria and Standards for Senior
Citizens' Apartment Projects."
11. That the petitioner has proposed construction of an Eligible Housing Development under
Section 18.99.090.020(a) of the Anaheim Municipal Code.
12. That the proposed senior citizens' apartment complex is an Eligible Housing
Development for which a density bonus is necessary to make the proposal economically feasible to
provide for Affordable Housing Costs, in accordance with Section 18.99.090.020(c).
13. That approval of the density bonus and the additional incentives will further the City's
affordable housing goals as set forth in the Housing Element of the General Plan by providing affordable
housing for lower income senior citizens, in accordance with Section 18.99.090.020(d).
14. That no one indicated their presence at the public hearing in opposition to the proposal;
that two concerned people spoke; and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to construct a 34-unit "affordable" senior citizens'
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apartment complex with a density bonus and waivers of minimum building site area per dwelling unit and
maximum structural height on an irregularly-shaped, 0.8-acre property located between Bruce Street and
Gilbert Street, having approximate frontages of 200 feet on the southeast side of Bruce Street and 154
feet on the west side of Gilbert Street, having a maximum depth of 300 feet, being located 203 feet north
of the centerline of Ball Road, and further described as 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 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
preserve the safety and general welfare of the Citizens of the City of Anaheim:
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 area(s) shall be
protected from graffiti opportunities by the use of plants 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.
2. That a plan sheet for solid waste storage-and collection and a-plan for-recycling shall-be submitted #o
the Streets and Sanitation Division for review and approval.
3. That a six (6) foot high masonry block wall shall be constructed and maintained along the north,
south and west property lines excepting the street setbacks where the wall height shall not exceed
three (3) feet; provided, however, that the City Traffic and Transportation Manager shall have the
authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian and/or
vehicular circulation intersect. Clinging vines to eliminate graffiti opportunities shall be planted on
maximum five (5) foot centers adjacent to said wall, and said landscaping shall be irrigated and
maintained. Said information shall be specifically shown on the plans submitted for building permits.
4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement
across the property for public utility purposes, to be determined when electrical design has been
completed.
5. 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 specifically shown on the plans submitted for building permits.
6. That prior to applying for water meters or a fire line, or prior to submitting the water improvement
plans for approval, whichever occurs first, the developer/owner shall submit to the Public Utilities
Water Engineering Division an estimate of the maximum fire flow rate and the average day,
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 done in accordance with
Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
7. That prior to applying for a water meter, the legaf property owner shall irrevocably offer to dedicate to
the City of Anaheim 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 line installation.
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That the legal property owner shall record a certificate of compliance for all property included in Lot
Line Adjustment No. 258; and that a new Lot Line Adjustment shall be recorded for the property
included in this Conditional Use Permit No. 2001-4350.
That the property owner/developer shall pay the Sewer Capacity Mitigation Fee for the South
Brookhurst Corridor Study Area.
10. 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.
11. 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. Said information shall be
specifically shown on the plans submitted for building permits.
12. That the driveway on Gilbert Street 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.
13. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610, as required by the Streets and Sanitation Division. Said information shall
be specFfiEally show~ o~-tk~e plans submi~t~d-for buildiag permits.
14. That the developer shall provide an engineering plan showing adequate line-of-sight distances for
the driveway on Gilbert Street.
15. 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 include the following:
(a) Detailed elevation drawings;
(b) Exterior building materials and colors board (including roofing);
(c) Landscaping plan (showing minimum size finrenty four (24) inch box sized trees);
(d) Signage;
(e) Lighting;
(~ Mechanical equipment, including roof-mounted and any window-mounted equipment; and
(g) Detailed patio plans showing planters and engineering details.
16. That elevators shall be provided for this project such that each apartment entrance is located no
more than one hundred fifty (150) feet walking distance from an elevator. Each elevator shall
comply with the State of California Fire Life Safety regutations. Said information shall be specifically
shown on the plans submitted for building permits.
17. That the legal property owner shall enter into an unsubordinated recorded Affordable Agreement
with the City of Anaheim (the "AgreemenY') in a form satisfactory to the Executive Director of the
Community Development Department and the City Attorney's Office. Such Agreement shall comply
with California Government Code Section 65915 and Chapters 18.94 "Criteria and Standards for
Senior Citizens' Apartment Projects" and 18.99 "Density Bonus" of the Anaheim Municipal Code.
The Agreement shall require that a minimum seventy four percent (74°/a) of the units within the
development shall be constructed for lower income households as fotlows:
(1) Twenty five percent (25%) of the units (eight (8) units) shall be restricted to rents at thirty five
percent (35%) of area median income; and
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(2) Twenty four percent (24%) of the units (eight (8) units) shall be restricted to rent at fifty percent
(50%) of the area median income; and
(3) Twenty five percent (25%) of the units (eight (8) units) shall be restricted to rents at sixty
percent (60%) of area median income.
The Agreement shall include appropriate rental controls as specified by the City, and the duration of
the Agreement shall be for a period of thirty (30) years. After the Agreement has been recorded,
copies shall be provided to the Zoning Division and the Community Development Department.
18. That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged finro (62)
or older, shall reside in, or be permitfed 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.
19. That lighting fixtures in any proposed parking area located adjacent to any residential property shall
be down-lighted with a maximum height of finrelve (12) feet. Said lighting fixtures shall be directed
away from adjacent residential property lines to protect the residential integrity of the area and it
shall. be.so-speci.fied. on..the plans su.bmitted .for bu.ildin. g per.mits. __ -- _
20. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of Variance No. 1887 (waiver of minimum building setback and minimum number of parking spaces
to permit expansion of a medical facility).
21. That high quality roofing materials shall be utilized. Said information shall be specified on the plans
submitted for building permits.
22. That an intercom system shall be installed between the pedestrian gate adjacent to Bruce Street and
the office to allow for notification of large deliveries. Said information shall be specifically shown on
the plans submitted for building permits.
23. That the developer shall submit satisfactory evidence (i.e., a noise study) to the Building Division
showing that the senior citizens' apartment complex will conform with Council Policy Number 542
"Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
24. That because this project has landscaping areas exceeding finro thousand five hundred (2,500)
square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19
"Landscape Water Efficiency" of Anaheim Municipal Code and City of Anaheim Ordinance No. 5349.
25. 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.
26. 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.
27. That the landscaped planters shall be permanently maintained with live and healthy plants.
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28. 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 11; and as conditioned herein.
29. 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, 11, 12, 13, 14, 15, 16, 17,
18, 19, 20, 21, 22 and 23, 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.
30. That prior to final building and zoning inspections, Condition Nos. 24 and 28, above-mentioned, shall
be complied with.
31. 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 requirernent.
BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicanYs 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.
May 7, 2001.
THE FOR~GO~~1~ ~€S4~UT-ION was adop~ed at ~he Pla~r~ir~g Comm+ssion- meeting-of
CHAIRPERSON,
ATTEST:
~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
ITY 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 May 7, 2001, by the following vote of the members thereof:
AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: BOYDSTUN
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
, 2001.
~~-,-~.~-~
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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