Resolution-PC 2003-44•
RESOLUTION NO. PC2003-44
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A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04661 BE GRANTED
WHEREAS, the Anaheim City Planning Commissior~ 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:
THE EAST 152 FEET OF THE SOUTH 78 FEET OF THE NORTH 1092 FEET OF
THE EAST 20 ACRES OF THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND
MERIDIAN
WHEREAS, the Ciry Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 10, 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
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 pFOperly one for which a eondifionaf use permit is aathor~zed by
Anaheim Municipal Code Sections 18.44.050.305 and 18.94.020 to wit: to permit a 9-unit `affordable'
senior citizens' apartment compfex with a densiry bonus and the following waivers:
(a) Section 18.34,063.0~0.011 - Minirnum landscaqe sstback abuttinq an arterial highwav.
and 18.94.033.010 20-foot wide fully landscaped setback required adjacent to a
Collector Street;
17 feet proposed adjacent to Gilbert Street)
(b) Sections 18.34.063.020.021 - Minimum structural setback.
18.34.063.020.022 (10 to 11 foot wide setback required adjacent to the north, west
18.34.063.020.023 and south interior property lines;
and 18.94.033.010 4 to 5 feet proposed)
2. That the applicant has proposed construction of an eligible housing development, as
defined in Chapter 18.99 (Density Bonus) of the Anaheim Municipal Code; and that the proposal has a
density bonus of 25% (i.e., 2 units more than otherwise permitted for such a project on the subject 0.21-
acre property in the underlying zone).
3. That waiver (a), minimum landscaped setback abutting an arterial highway, is hereby
approved because the petitioner proposes an eligible housing development in compliance with Chapter
18.99 (Density Bonus) of the Anaheim Municipal Code; and that the project will comply with the
affordability requirements in accordance with the provisions pertaining to a density bonus with two
incentives (i.e., waivers of minimum landscaped setback abutting an arterial highway and minimum
structural setback).
4. That waiver (b), minimum structural setback, is hereby approved on the basis that a
similar project was approved and constructed to the north and, therefore, strict application of the Zoning
Code would deprive this property of privileges enjoyed by other properties under identical zoning
classification in the vicinity.
5. That the density bonus and the additional incentives granted are necessary for making
this project economically feasible.
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6. 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 Anaheim General Plan.
7. That the density bonus and each additional incentive granted shall not, on balance, be
detrimental to the public health, safety and welfare, and shall not cause injury to property in the
immediate vicinity of the eligible housing project.
8. That this senior citizens' apartment complex is located within an area which offers a
variety of services, including retail/grocery stores, banks, medical offices and transit stops within close
walking distance, as described in paragraph (22) of the Staff Report to the Planning Commission dated
March 10, 2003; and that, as conditioned herein, this senior citizens' apartment complex will comply with
age and occupancy limitations as set forth in Chapter 18.94 (Criteria and Standards for Senior Citizens'
Apartment Projects) of the Anaheim Municipal Code.
9. That the proposed senior citizens' complex is permitted in the CL (Commercial, Limited)
zone subject to approval of a conditional use permit and, as conditioned herein, will not adversely affect
the adjoining residential neighborhood or growth and devefopment of the surrounding area because it will
be compatible with the existing senior citizens' apartment complex to the north.
10. That the size and shape of the site for the proposed use is adequate to allow full
development of this senior citizens' apartment complex; and that this project will be constructed in a
manner not detrimental to the particular area's peace, health, safety and general welfare.
11. That the traffic generated by the senior citizens' apartment complex will not impose an
u~adue burden upon ~~ie streets a~od highways designed arrd irrTproved to carry the traffic in the ar~a.
12. 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 a 9-unit `affordable' senior citizens' apartment
complex with a density bonus and waivers of minimum landscaped setback abutting an arterial highway
and minimum structural setback on a rectangular 0.21-acre properry having a frontage of 78 feet on the
west side of Gilbert Street and a maximum depth of 120 feet, being located 240 feet north of the
centerline of Lincoln Avenue, and further described as 115 North 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 Ciry 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 properry in order to
preserve the safety and general welfare of the Citizens of the Ciry of Anaheim:
1. That the design modifications outlined by the Community Development DepartmenYs Architectural
consultant shall be specifically incorporated into the plans submitted for building permits. Said
modifications shall be reviewed and approved by Zoning staff, and shall include the following:
• Provide enriched/enhanced paving at the main entrance.
• Add windows to bathrooms for natural ventilation.
• Incorporate more wood sheathing on the building, as opposed to portions of the second floor only
as proposed.
• Provide landscaping in front of the building elevation and carports to soften the front of the units.
• Provide landscape screening of the existing commercial building to the west to buffer the patios
and balconies.
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Any decision by staff regarding said plans may be appealed to the Planning Commission as a`Reports
and Recommendations' item.
2. That development of this site shall include the installation of two (2), twenty four (24) inch box sized,
trees, one (1) on each side of the driveway. If tree wells are used, the tree well size shall be five (5) feet
by five (5) fee#, and if a parkway with turf is installed, it shall have a mir~imum uvidth of five (5) feet. The
trees shall be irrigated by an automatic irrigation system. Said information shall be specifically shown on
the plans submitted for building permits.
3. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement
across the property to be determined as electrical design is completed.
4. 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.
5. That the locations 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. Said plans shall also identify the specific screening treatment of
each device for existing and proposed devices (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.
6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
7. 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 by the Ciry Traffic and
Transportation Manager.
8. 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.
9. That the driveway along Gilbert Street shall be constructed with ten (10} foot radius curb returns in
accordance with Engineering Standard No. 137. Said information shall be specifically shown on the
plans submitted for building permits.
10. 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 areas 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.
11. 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.
12. 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 No. 542 "Sound
Attenuation in Residential Projects" and with Noise Insulation Standards specified in Title 25 of the
California Administrative Code.
13. That a private water system with separate water senrice for fire protection and domestic water shall be
provided. Said information shall be specifically shown on the plans submitted for building permits.
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14. 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.
15. 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.
16. That prior to applying for water meters, fire lines or submitting the water improvement plans for approval,
the developer shall submit to the Water Engineering Division of the Public Utilities Department an
estimate of the maximum fire flow rate and 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 completed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
17. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Devefopment Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and be
recorded in the Office of the Orange County Recorder.
18. That prior to grading plan approval, 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.
19. 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 appr~ved plans on file with
said Department. The walls of the storage areas shall be protected from graffiti opportunities by the use
of plants such as minimum one (1) gallon sized clingir~g vines planted on maximum three (3)-foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits. In the event that the trash collection method to be utilized indicates that the proposed location
would require a recorded agreement for trash collection access on the adjacent commercial center
property to the south, said agreement shall be approved by the Public Works Department, Streets and
Sanitation Division, and recorded in the Office of the Orange County Recorder prior to issuance of
building permits.
20. That the legal property owner shall enter into an unsubordinated, recorded Affordable Housing
Agreement (the "AgreemenY') in a form satisfactory to the Executive Director of the Community
Development Department. Such Agreement with the City of Anaheim 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 the following minimum affordability for this Seniors Housing Project:
(a) Pursuant to Chapter 18.99, twenry five percent (25%) of the total units constructed (two (2)
units) shall be designated as Affordable Units for very, very low-income households with
monthly rents at one twelfth (1/12} of thirty percent (30%) of thirty five percent (35%) of Orange
County median-income, and twenty four percent (24%) of the total units constructed (two (2)
units) shall be designated as Affordable Units for very low-income households with monthly
rents at one twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Orange County
median-income, to comply with the Senior Citizens' Apartment Ordinance. Rents shall be
calculated based on a two (2) person household size for a one (1) bedroorn unit.
(b) Pursuant to Chapter 18.94, twelve percent (12%) of the total permitted units (one (1) unit) shall
be designated as an Affordable Unit for very, very low-income households with monthly rents at
one twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) percent of Orange Counry
median-income, based on a two (2) person family size for one (1) bedroom units to comply with
the City Densiry Bonus Ordinance.
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The number of affordable units are set in the following tabte:
2002 Affordable Units Schedule
Number of Units Median Income
3 35% VVL)
2 50% VL
4 Unrestricted
Total Units: 9
Such 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. If public financing is secured and such
financing requires a greater level of affordability (i.e., additional units) and a longer affordability term,
it shall be enforced. The total number of manager units permitted for the subject Senior Citizens'
Apartments shall be subject to review and approval by the Executive Director of Community
Development. The Anaheim Housing Authority shall be afforded a first right of refusal in referring
eligible tenants to affordable units. The Developer shall agree to comply with all reporting
requirements under the Affordable Housing Development program. After the Agreement has been
recorded, copies shall be provided to the Zoning Division and the Community Development
Department.
Pursuant to Chapter 18.94 of the Anaheim Municipal Code and Section 51.3 of the Civil Code of the
State of California 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 urrit; and ~ha~ al4 osc~pants 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.
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 3, 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, 4, 5, 7, 8, 9, 10, 11, 12, 13, 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. 21 and 25, herein-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 incfude any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
25. That the three (3) foot block wall on the adjacent property to the north containing an identical senior
citizens' apartment complex (also owned by the applicant) shall be removed in order to provide a
continuous landscaping setback, as stipulated by the applicant at the March 10, 2003 public hearing.
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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 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 FQREGQING RESOLUTION was adopted at the Planning Commission meeting of
March 10, 2003.
, J~/~ /J'~lZ'
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
.
SENIOR SECRETARY, 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 Ciry Planning
Commis~ion Y~elct on bFarch 1fJ, 2003, by the #ollowing vofe of fhe ~nembe~s thereo#:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: ROMERO
/~ IN WITNESS WHEREOF, I have hereunto set my hand this ~rd~ day of
tJ~ D r U L , 2003.
,~j..~~~¢..~-~ /~~~~
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
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