Resolution-PC 2002-152r~
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RESOLUTION NO. PC2002-152
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04601 BE GRANTED, IN PART
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for ce~tain real property situated in the City of Anaheim, County of Orange, State
of California, described as:
THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THEH SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID
SOUTH HALF; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST
QUARTER OF SECTION 13, SOUTH 89° 59' 15" WEST 110.00 FEET TO THE
SOUTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN DEED TO THE
SOUTH WILLIAM H. BRINING RECORDED MAY 31, 1956 IN BOOK 3530, PAGE 20,
OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY
ALONG THE EASTERLY LINE OF SAID LAST MENTIONED LAND 279.86 FEET TO
THE SQUTNERLY._LIN.E OF ~RAEIT ~O. 2228 A~ SHOWN-ON A MAP RECORDED
IN BOOK 69, PAGES 34 THROUGHT 37 OF MISCELLANEOUS MAPS, RECORDS
OF SAID ORANGE COUNTY; THENCE EASTERLY ALONG SAID LAST
MENTIONED SOUTHERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN
LAND DESCRIBED IN DEED TO VANDRUFF HOMES, INC., RECORDED MAY 5,
1955 IN BOOK 3056, PAGE 47 OF SAID OFFICIAL RECORDS, A DISTANCE OF
110.00 FEET TO THE WESTERLY LINE OF SAID EAST 5 ACRES; THENCE
SOUTHERLY ALONG SAID LAST MENTIONED LINE TO THE POINT OF
BEGINNING.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on September 23, 2002 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 to the October 7, 2002 Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of a11 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 18.21.050.325 and 18.94.020 to construct a 26-unit, 3-story
`affordable' senior citizens' apartment complex with a density bonus and with waivers of the following:
(a) Sections 18.34.061.010 - Minimum buildinq site area per dwellinct unit.
and 18.94.031.020 (1,200 sq.ft. per unit required; 955 sq.ft. per unit proposed)
(b) Sections 18.34.062.013 - Maximum structural heiqht within 150 feet of a sinQle-familv
and 18.94.032.010 residential zone.
25-foot building height permitted for a 50-foot setback to
adjacent single-family zoning [maximum height shall equal one-
half the distance between the building and the adjacent single-
family zone boundary];
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34-foot high buiiding proposed at 50-foot setback from RS-7200
zoning to the north)
(c) Sections 18.34.063.020.022 - Minimum buildin4 setback.
and 18.94.033.010 (10-11 feet required;
6%Z feet proposed between covered balconies and the east
property line)
(d) Section 18.99.040 - Maximum density bonus.
2. That following public notification, the number of proposed units was reduced from 30 to
26, and waiver (d), maximum density bonus, was deleted.
3. That the proposal is an Eligible Housing Development with Affordable Units as described
in Chapter 18.99 of the Anaheim Municipal Code.
4. That waiver (a), minimum building site area per dwelling unit, is hereby approved
because it is a`density bonus' which complies with Chapter 18.99 whereby an applicant is entitled to a
maximum density bonus of 25% more units than otherwise permitted if the proposed project is an Eligible
Housing Development containing Affordable Units as described in Chapter 18.99; and that the proposed
number of units (26) is 25% more than the permitted number of units (20.7) on the underlying 24,829
sq.ft. site.
5. That waivers (b), maximum structural height within 150 feet of a single-family residential
zone, and (c), minimum building setback, are hereby appro~ed beca~se the-propasal is-a~ €ligible
Housing Development which complies with Chapter 18.99; and that the project, as approved, meets the
affordability requirements of a density bonus plus two additional incentives.
6. That waiver (d), maximum density bonus, is hereby denied because it was deleted.
7. That waiver (a) and each additional incentive granted (waivers (b) and (c)) further the
city's affordable housing goals as set forth in the Housing Element of the Anaheim General Plan.
8. That the two additional incentives granted (waivers (b) and (c)) 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.
9. That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located.
10. That the size and shape of the site for the proposed use is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health,
safety and general welfare.
11. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry traffic in the area.
12. That granting this conditional use permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
13. That three people spoke at the public hearing in opposition to the proposal (one
representing the West Anaheim Neighborhood Development Council, WAND); and that no
correspondence was received in opposition.
14. That one letter was received in favor of the proposal.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit a 26-unit affordable senior citizens' apartment
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complex with a density bonus and with waivers of minimum building site area per dwelling unit, maximum
structural height within 150 feet of a single-family residential zone, minimum building setback, and
maximum density bonus (deleted) on a rectangularly-shaped 0.57-acre property having a frontage of 110
feet on the north side of Ball Road and a maximum depth of 227 feet, being located 328 feet west of the
centerline of Dale Avenue, and further described as 2823 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 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 located adjacent to any residential property shall be down-lighted. Said
lighting fixtures shall be decorative and shall be directed away from the 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.
2. That final plans specifying the following aspects of this project shall be submitted to the Zoning
Division for review and approval:
(a) Landscape plan, including provisions for minimum twenty four (24) inch box sized trees planted
at in#ervals of twenty ~20) feet on-center along tk~e Ball-Road €ro~t~age ar~d adjacent to the singte
family homes in the RS-7200 (Residential, Single-Family) Zone to the north; and
(b) All wall and/or freestanding signs at the complex; and
(c) Building light fixtures; and
(d) Mechanical equipment, including roof-mounted and ground-mounted (no window-mounted
equipment shall be permitted); and
(e) Pedestrian gates; and
(~ Perimeter fence heights, materials and locations; and
(g) Driveway treatments; and
(h) Detailed common recreational area amenity and improvement plans, including decorative
hardscape features, community garden, fountains, patios, benches, tables, community
fireplace, and/or other amenities which will promote community gathering areas within the
complex.
That any proposed ground or roof-mounted mechanical equipment shall be subject to the applicable
requirements of Anaheim Municipal Code. Said information shall be specifically shown on the plans
submitted for building permits.
4. That the locations for future above-ground utility devices including, but not limited to, eiectrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
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 that said information shall be subject to review and approval by the appropriate
city departments.
5. (a) 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 a minimum of forty nine 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 betow 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; and
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(b) That 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 "Required Affordable Units" and
18.99.030.020.0203 "Density Bonuses and Two or More Additional Incentives") 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.
Following approval by the city, the Agreement shall be recorded with the O~ce of the Orange
County Recorder, and a copy of the recorded Agreement shall then be submitted to the Zoning
Division.
6. (a) That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged
sixty two (62) years or older shall reside in, or be permitted to reside, in any bachelor or one (1)
bedroom unit; and
(b) 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
(c) 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 covenan~ in a~orrn appFOVed by tk~e Eity Attomey so-limiting the occupancy
of this seniors' apartment complex shall be recorded with the Office of the Orange County Recorder
by the legal owner of the property. A copy of the recorded covenant shall then be submitted to the
Zoning Division.
7. That as required by the Urban Forestry Division of the Community Services Department, street trees
shall be installed by the property owner within the public right-of-way adjacent to Ball Road. The
size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division.
8. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor
uses.
9. 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 review and approval by the City Traffic and
Transportation Manager prior to issuance of a building permit.
10. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the 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.
11. That an on-site trash truck turn around area shall be provided in accordance with Engineering
Standard Detail No. 610 and shown on plans as required by the Department of Public Works,
Streets and Sanitation Division. Said turn around area shall be specifically shown on the plans
submitted for building permits.
12. That a private water system with separate water service for fire protection and domestic water shall
be provided. Said information shalf be specifically shown on the plans submitted for building
permits.
13. That the developer/owner shall provide a detailed water usage analysis and building plans for Public
Utilities Water Engineering review and approval to determine the adequacy of the existing water
system to meet the project's water requirements.
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14. That trash storage area(s) shall be provided and maintained in tocation(s) acceptable to the Public
Works Department, Streets and Sanitation Division, and in accordance with approved plans on file
with said Department. 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.
15. 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.
16. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a building permit.
17. That prior to approval of the grading plan, the developer shall submit a Water Quality Management
Plan ("WQMP") specifically identifying the best management practices that will be used on-site to
controt predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public
Works Department, Development Services Division, for review and approval.
18. That the developer shall submit satisfactory evidence (i.e., a noise study) to the Building Division
showing that the proposed senor citizens' apartment complex will conform with Council Policy
Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards
specified i~r-the Cali~oFnia Admi~istratiue Code, Title. 25.
19. That all driveways 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.
20. That'obscuring' glass shall be installed and maintained in all north-facing windows on the second
and third stories (facing single-family homes in the RS-7200 zone). Said information shall be
specifically shown on the plans submitted for building permits.
21. 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 6, and as conditioned herein.
22. 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, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19 and 20, 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.
23. That prior to final building and zoning inspections, Condition Nos. 7 and 21, above-mentioned, shall
be complied with.
24. 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.
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THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
October 7, 2002.
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CHAIRPERSON, 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 October 7, 2002, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO,
VANDERBILT
NOES: COMMISSIONERS: NONE ~
AB3EN-T: COMMfSSIONERS: NOEVE
IN WITNESS WHEREOF, I have hereunto set my hand this ~-~ ~ o~day of
4c~Dd er , 2002.
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SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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