Resolution-PC 2003-34•
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RESOLUTION NO. PC2003-34
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2002-04656 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: THE NORTHWESTERLY 230.00 FEET OF THE SOUTHWESTERLY 7.00
ACRES OF THE NORTHWESTERLY 20.00 ACRES OF LOT 10 OF ANAHEIM
EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP OF SURVEY MADE BY WILLIAM HAMEL AND
FILED IN THE OFFICE OF THE COUT RECORDER OF LOS ANGELES COUNTY,
CALIFORNIA, A COPY OF WHICH IS SHOWN IN BOOK 3 PAGE 163 ET SEQ.,
ENTITLED "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; AND INCLUDING THAT PORTION
THEREOFLYING SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF TRACT
NO. 6294, AS PER MAP RECORDED IN BOOK 234 PAGES 37 AND 38 OF
MISCELLANEOUS 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 February 1..0., 2003 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 said public hearing
v„as continued to the F°hr~uani )d, 2nn3 Planning Commission meeting: and
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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 and 18.94.020 to wit: to permit conversion of an
existing 80-unit motel to a 63-unit `affordable' senior citizen's apartment complex with waivers of the
following:
(a) Sections 18.06.050.010.013.0131 - Minimum number of parking spaces.
18.44.050.305 (73 spaces required; 72 spaces proposed)
and 18.94.036.010
(b) Sections 18.34.063.020.023
18.44.050.305
and 18.94.033.010
(c) Sections 18.34.063.020.028
18.44.050.305
and 18.94.033.010
(d) 18.44.050.305
- Minimum structural setback.
(5 feet required for Building Two which has walls without
entrances or window openings into habitable rooms;
none existing or proposed along the west property line)
Minimum landscape setback adiacent to a single family
residential zone.
(20 feet required, including 19 trees;
7 feet existing and proposed adjacent to the south property
line zoned RS-7200 (Residential, Single-Family), including
17 trees)
Maximum structural height within 150 feet of a single-
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and 18.94.032.010 - family residential zone.
(16 feet permitted (i.e., one half the distance from the west
property line to the structure};
21 feet existing and proposed between Building Two and the
southerly portion of the west property line zoned RS-7200)
(e) Sections 18.34.065.020 - Minimum width of pedestrian access ways.
18.44.050.305
and 18.94.035.020
2. That waiver (a), minimum number of parking spaces, is hereby approved because the
proposed 72 spaces (instead of 73) are adequate to serve the project, as concurred with by the City
Traffic and Transportation Manager.
3. That approval of the parking waiver will not cause fewer off-street parking spaces to be
provided for the proposed 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 said
use.
4. That approval of the parking waiver will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the proposed use.
5. That approval of the parking waiver 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 approval of the parking waiver will not increase traffic congestion within the off-street
narkinn areas or Into nrnviriPCt for the proposed use.
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7. That approval of the parking waiver 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 waivers (b), (c) and (d), pertaining to minimum structural setback, minimum
landscape setback adjacent to a single family residential zone and maximum structural height within 150
feet of asingle-family residential zone, are necessary based on the constraints of adapting the existing
motel structures for reuse as senior citizen's apartments.
9. That waiver (b), minimum structural setback, is hereby approved because no setback
was required when the motel was constructed in a commercially zoned area where the adjoining uses
were also commercial; and that the appropriate building permits were obtained in 1986 for Building Two
which has aone-hour firewall and no openings in its west elevation, and submitted plans show bathrooms
and kitchens without windows for all the units along said west elevation.
10. That waiver (c), minimum landscape setback adjacent to asingle-family residential zone,
is hereby approved, in part, because the development intensity of the proposed 63-unit senior citizen's
apartment complex will be similar to or less intense than the current 80-unit motel; and that the existing
landscaped area along the south property line can accommodate the required 19 trees to buffer any
potential visual intrusion towards the adjoining RS-7200 (Residential, Single-Family) zoning.
11. That waiver (d), maximum structural height within 150 feet of asingle-family residential
zone, is hereby approved because Building Two exists and the proposed conversion to 63 senior citizen's
apartments is equal to or less intense than the existing 80-unit motel.
12. That waiver (e), minimum width of pedestrian access ways, is hereby denied because it
was deleted.
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13. That there are special circumstances applicable to the property such as size, shape,
location or surroundings, which do not apply to other identically zoned properties in the vicinity.
14. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity.
15. That in accordance with Section 18.94.031.030 (Required Findings of Accessibility to
Services) of the Anaheim Municipal Code, the petitioner has prepared a vicinity map to show the
proximity and accessibility of necessary services including grocery stores, transit stops, medical facilities
and banks; and that said evidence shows that the proposed project is reasonably accessible to those
services.
16 That the proposed use will not adversely affect the adjoining residential and commercial
land uses and the growth and development of the area in which it is proposed to be located because all
but one of the buildings (No. 1) exists, and 80 motel units will be reduced to 63 senior citizen's apartment
units.
17. 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; that this development will be constructed with amenities comparable to other
senior citizen's apartment complexes approved along Lincoln Avenue, and will provide livable affordable
units for senior citizens; and that the project will provide a significant affordable housing opportunity for
Anaheim residents.
18. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
,o Tti~+.,~~.,-~.,~ +h~~ ~~„~rt~r,r,ai usa nPrmit. under the conditions imposed, will not be
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detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
20. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City
Planning Commission has reviewed the proposal to permit conversion of an existing 80-unit motel to a
63-unit `affordable' senior citizen's apartment complex with waivers of minimum number of parking
spaces, minimum structural setback, minimum landscape setback adjacent to a single family residential
zone, maximum structural height within 150 feet of asingle-family residential zone and minimum width of
pedestrian access ways, on arectangularly-shaped 1.75-acre property having a frontage of 372 feet on
the south side of Lincoln Avenue and a maximum depth of 205 feet, being located 330 feet east of the
centerline of Larch Street, and further described as 1600 East Lincoln Avenue (Lincoln Palms Motel);
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 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. Said lighting fixtures shall be directed
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away from adjacent residential property lines to protect the residential integrity of the area. Said
information shall be specified on the plans submitted for building permits.
2. That the owner of subject property shall submit a letter to the Zoning Division requesting termination
of the following:
• Conditional Use Permit No. 2223 (to expand an existing motel with waiver of minimum number
of parking spaces),
• Variance No. 1137 (to erect a sign), and
• Variance Nos. 2567 (to construct 2 freestanding signs with waiver of permitted location of
freestanding signs).
3. That Final Elevation and Floor Plans shall be submitted to the Zoning Division and the Community
Development Department for review and approval by the Planning Commission as a `Reports and
Recommendations' item. Said Plans shall indicate removal of ground floor patios and doors along
Lincoln Avenue, demonstrate amenities for all common recreational/leisure areas (indoors and
outdoors), and provide an architectural theme and features complementary to newer developments
in the area for the new building along Lincoln Avenue (Building One).
4. That a Final Landscaping Plan shall be submitted to the Zoning Division for review and approval.
The Plan shall implement a layered landscape treatment along Lincoln Avenue consisting of trees,
shrubs and groundcover. The plan shall indicate nineteen (19) evergreen trees within the existing
seven (7) foot wide landscaped setback along the south property line, nineteen (19) trees within a
twenty (20) foot wide landscaped setback adjacent to Lincoln Avenue, and groundcover with trees
throughout-the common--areas within the complex. AR trees shall be twenty-four (24}inch box sized.-
The existing Canary Island Date Palms shall be retained as part of the Landscaping Plan. Any
decision by the Zoning Division regarding said plan may be appealed to the Planning Commission
as a 'Reports and Recommendations' Item.
5. That the existing pole sign on Lincoln Avenue shall be removed. Said information shall be
specifically shown on the plans submitted for building permits.
6. That any new signs shall be subject to the Anaheim Municipal Code pertaining to the RM-1200
(Residential, Multiple-Family) zone. Such sign plans shall be reviewed and approved by the Zoning
Division. Any decision made by the Zoning Division may be appealed to the Planning Commission
as a `Reports and Recommendations' item.
That the parking lot shall be slurry sealed and re-striped to the satisfaction of the Traffic and
Transportation Manager. Both driveway entrances shall have decorative stamped concrete installed
transitioning from the public right-of-way to the on-site pavement. Said information shall be shown
on the plans submitted for building permits.
8. 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 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
the 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.
9. That elevators shall be provided for this senior citizens' apartment project such that each apartment
entrance is located no more than one hundred fifty (150) feet walking distance from an elevator.
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Each elevator shall comply with the State of California Fire Life Safety regulations. Said information
shall be specifically shown on the plans submitted for building permits.
10. That the legal property owner shall enter into an unsubordinated recorded agreement with the City of
Anaheim pursuant to California Government Code Section 65915, and Chapter 18.94 (Criteria and
Standards for Senior Citizens' Apartment Projects) of the Anaheim Municipal Code.1 Such
'affordability' agreement shall include appropriate rental controls as specified by the City, and the
duration of the agreement shall be for a thirty (30) year period. After the agreement has been
recorded, a copy shall be provided to the Zoning Division.
11. That the Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible
tenants to affordable units.
12. That the developer shall submit a written agreement to the Housing Authority agreeing to comply
with all reporting requirements under the Affordable Housing Development Program.
13. That any proposed ground or roof-mounted mechanical equipment shall be subject to the
requirements of the Anaheim Municipal Code. Said information shall be specifically shown on the
plans submitted for building permits.
14. 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. Plans shall also identify the specific screening treatment
for each existing and proposed device (i.e., landscape screening, color of walls, materials,
- identifiers, access points; etc. andsaid screening treatment shall be subject to review and_ approval
by the appropriate City departments.
15. That the legal owner of subject property shall provide the City of Anaheim with a public utilities
ea;e,;,e;,t across ±he rnncrtv to be rietermined aS electncal design Is completed.
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16. 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.
17. 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 Ordinance No. 5349 regarding
water conservation. Said information shall be specifically on plans submitted for building permits.
18. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed.
The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or
fire line.
19. That all requests for new water service 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.
20. That gates shall not be retained or 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.
21. 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,
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602 and 604 pertaining to parking standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with said plans.
22. That an 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 Department of Public
Works, Streets and Sanitation Division. Said area shall be specifically shown on the plans submitted
for building permits.
23. That the developer shall submit satisfactory evidence (a noise study) to the Building Division
showing that the complex is in conformance with Council Policy Number 542 (Sound Attenuation in
Residential Projects) and with the Noise Insulation Standards specified in the California
Administrative Code, Title 25.
24. That all remaining driveways shall be reconstructed 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 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. 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.
-- 26. That aplan-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.
27. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
/~........I:.~r...e +„ +F~n pu~hli~ 1A/nrkc flanarfmant; Development Services Division. The 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.
28. That a Lot Line Adjustment to merge the parcels shall be submitted to the Public Works Department,
Subdivision Section, and recorded in the Office of the Orange County Recorder.
29. That the developer shall submit a Water Quality Management Plan ("WQMP") specifically identifying
the post construction 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.
30. 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 Revision No. 1 of Exhibit Nos. 1, 2, 3 and 4, and Exhibit Nos. 5 through 8, and
as conditioned herein.
31. 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, 7, 8, 9, 10, 12, 13, 14, 16, 17, 21, 22,
23, 24, 25, 26, 27, 28 and 29, 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.
32. That prior to final building and zoning inspections, Condition No. 30, above-mentioned, shall be
complied with.
33. 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
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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.
34. That no outdoor storage shall be permitted on the balconies facing Lincoln Avenue.
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.
THE FOREGOING RESOLUTION was adopted at t e Planning Commission meeting of
February 24, 2003. /~' ~ ~~ ~~~i
IRPERSON PRO TEMPORE
AN~HEIM CITY PLANNING COMMISSION
ATTEST:
ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE )ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior 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 February 24, 2003, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS W HEREOF, I have hereunto set my hand this ~ day of
/~9t7~~'Li , 2003.
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SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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