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88-442RESOLUTION NO. 88R-442 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3099. WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use permit with a waiver of certain provisions of the Anaheim Municipal Code from GILBERT MEDICAL PARTNERSHIP, 925 S. Gilbert Street, Anaheim, CA 92804, owner, and MEHDI ZADEH, P.O. Box 3868, Mission Viejo, CA 92804, agent, to permit, a 2-story, 24-unit "affordable" senior citizen's apartment complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOT 4 OF TRACT 3091, IN THE CITY OF ANAHEIM, AS MAP RECORDED IN BOOK 92, PAGES 48 AND 49, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; and PER WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC88-319 granting Conditional Use Permit No. 5099; and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give ali persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consi- deration of the recommendations of the City Planning Commission and ali evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the ing land uses and the growth and development of the area it is proposed to be located. adjoin- in which 3. The size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. 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. 5. The granting of the 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the City Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver that said waiver should be granted, for the following reasons: 1. That the developer of said property has agreed to construct at lease ten percent (10%) of the housing development (over and above the number of affordable units required for senior citizens' apartment projects pursuant to Section 18.94.040 of the Anaheim Municipal Code) for persons and families of very Iow income as defined in Section 50095 of the Health and Safety Code; and 2. For the aforesaid reason, Section 65915 of the Government Code authorizes the City to grant to developer a density bonus consisting of a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated, Conditional Use Permit No. 5099 be, and the same is hereby, granted permitting a 2-story, 24-unit "affordable" senior citizen's apartment complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.34.061.010 and 18.94.051.020 Minimum building site area per dwelling unit. (1200 square feet required; 831 square ieet proposed). subjext to the following conditions: That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by City Council resolution. -2- o o 10. 11. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land thirty two (32) feet in width from the centerline of the street along Gilbert Street for street widening purposes. That curbs and gutters shall be repaired along Gilbert Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. That the existing driveways on Gilbert Street and Bruce Street shall be removed and replaced with standard curb and gutter, sidewalk and landscaping. That the vehicular access rights to Bruce Street shall be dedicated to the City of Anaheim. That an elevator shall be installed and shall comply with the State of California Fire Life,Safety regulations. That the driveway shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. That a security gate shall be installed at the Gilbert Street driveway. Installation of any gates shall conform to the Engineering Division's Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the City Fire Department. That a plan shall be reviewed and approved by the City Fire Department showing that a driveable surface shall be provided from Bruce Street to the proposed emergency "crash gate". In lieu of said accessible "crash gate", an on-site fire hydrant shall be installed and charged as required and approved by the City Fire Department. Access through said "crash gate" shall be for emergency purposes only. That street lighting facilities along Gilbert Street and Bruce Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the -3- 12. 15. 14. 15. 16. 17. 18. 19. 20. City of Anaheim prior to issuance of a building permit. The above-required improvements shall be installed prior to occupancy. That subject property shall be served by underground utilities. That a fire flow test of the water system to determine adequate water pressure shall be conducted to the satisfaction of the City Water Engineering division. That a fee shall be paid to the City of Anaheim for tree planting along Gilbert Street and Bruce Street in an amount as determined by City Eouncil resolution. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. That if required by the Fire Department, and Police Department, all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the City Fire Department and the City Police Department. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said Division. The ramp serving said trash storage area shall not exceed five (5) feet in width. That ail air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. That prior to issuance of a building permit, evidence shall be presented satisfactory to the Building Division that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. That a six (6) foot high masonry block wail shall be constructed and maintained along the south property line excepting the front setbacks where the wail height shall not exceed three (5) feet; and -4- 21. Z2. 23. (a) An eight (8) foot high masonry block wall shall be constructed and maintained along the north property line excepting the front setbacks where the height shall not exceed three (5) feet; provided, however, that first a variance for waiver of maximum wail height must be filed by the petitioner and approved prior to final building and zoning inspections; or b) If such variance is not approved, a six (6) foot high masonry block wall shall be constructed and maintained along the north property line excepting the front setbacks where the wall height shall not exceed three (3) feet. That building plans shall show that any proposed parking area lighting fixtures adjacent to any residential property shall be down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from adjacent residential property lines to protect the residential integrity of the area. That prior to issuance of a building permit, the legal property owner shall enter into a unsubordinated, recorded agreement with the City of Anaheim pursuant to Government Code Section 65915 to provide that ten percent (10%) of the permitted number of residential units (permitted 16 units) shall be rented as very low income housing (2 units) as defined in Government Code Section 65915 and with appropriate rental controls as approved by the City of Anaheim for a period of not less than twenty (20) years from the date of issuance of occupancy permits. In addition, the legal owner shall also include in the agreement a provision that twenty-five percent (25%) of the total number of ~ed senior citizens' apartment units (proposed: 24 ~hall be rented as lower income housing (6 units) (as defined in Zoning Code Section 18.94.040) 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. That not more than two (2) persons, at least one (1) of whom must be a senior citizen, shall reside in, or be permitted to reside in any bachelor unit 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 45 years of age except that temporary residency by a person less than 45 years of age for a cumulative period of sixty (60) days in any calendar year shall be permitted; and that a covenant shall be recorded by the legal owner -5- 24. 25. 26. 27. 28. 29. 30. 31. of the property in a form approved by the City Attorney so limiting such occupancy. A copy of said covenant shall then be submitted to the Zoning Division. That elevators shall be provided for subject senior citizen's apartment project so that each apartment entrance is located no more than one hundred fifty (150) feet from an elevator. Each elevator shall comply with the State of California Fire Life Safety regulations. That the curbing adjacent to Bruce Street shall be painted red to facilitate on-street trash pick-up. That a landscape plan for subject property shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission and/or City Council. That the owner of subject property shall submit a letter requesting termination of Variance No. 620. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that to protect the six (6) or eight foot high block wail along the north property line, steel posts connected with steel ribbon (ie. 3-inch channel iron) shall be installed between the 2 parking spaces which about the north property line and the block wall. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 5, 8, 10, 11, 13, 14, 15, 16, 19, 21, 22, 23, 26, and 27, 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. That prior to final building and zoning inspections, Condition Nos. 5, 4, 6, 7, 8, 11, 12, 17, 18, 20, 24, 25, and 28, above-mentioned, shall be complied with. 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 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. -6- BE IT FURTHER RESOLVED that the City Council 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 conditions, 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 is approved and adopted by the City Council of the City of Anaheim this 20th day of December, 1988. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLWi~b 2862L 122388 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-442 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of December, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-442 on the 3rd day of January, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of January, 1989. CITY CLERK OF THE CITY OF kNAHEIM (S~kL) I, LEONOP~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-442 duly passed and adopted by the Anaheim City Council on December 20, 1988. CITY CLERK OF THE CITY OF ANAHEIM