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PC 84-233,~ ~ .'~~ i ~ ,r-,~ ~ ~ RESOLUTTON N0. YC84-233 A RESOLUTION OF TEIP: ANAHEIM CITY PLANNING CnMMISSION THAT PETI'!'ZON FO.F2 COND~TIONAL U5E YEI2MTT N0. 2631 B~ GRANTED WH~REAS, the Anaheim City Planning Cornmiss.ion did receive a ver.ified Peti~ion for Conditian~,l Use PermiL from PACESETTFR HOMES, INC., 4540 Campus Drive, Newport Ei~ach, California 92660, owner, and CALMe1RK DEVEI~OPMENT COI2PORATIUN, 2121 Cloverfield Boulevard, P. 0. Box 2128, Santa Mon.ica, Californa.a 90404, agent for certain real properl-y situated in the City of Anaheim, Gnunty of Orang~, State of Ca.lzf.ornia, described as: BE3NG A PORTIQN GF VINYARD LOT F-6, AS SHOWN ON A MAF OF ~HE LANDS OF ANAFf~;IM, MADE AY GEORG~; HANSEN AND LITHOGRAPHED BY KUCHEL ANll ARESSEL, A COPY OF WHICH MAP IS ANNEY.~D TO A CERTAIN DEEll EXECUTED BY THE LOS ANGELES VTNYARL SOCTETY TO TME ANAHEIf9 WATLR COMPANY, ANn RECORDrD IN BOOK 4, PAGE 624 AND FOLLQWING UF DEEDS 0~' LOS ANGF~LES CUUNTY, CAL:CFORNTA, DESCRIBED AS k'OLLOWS : THE WESTERLY :562.58 FEHT, MQRE OR LFSS, OF S.~ID VINXARD LOT F-fi. ~XCEPTINL THL•'REFROM, T9E NO~2THER~,Y 382.75 FEET. W[iEREAS, the C,ity Planning Commi~sio:~ did hr~Id a public hear:Ing at the Civic Center in the City of Anaheim on Ocl•ober 29, 19a4, at 1:30 p.m., notice o~ ~aid ~ublic hearing having been duly given as required by law and in accarc7ance with the provisions oF l-he Anaheim M~~nicipal Code, Chapte; 18.03, to hear and consider evidence for and against said proposed conditional use pertnit and tq investigate and make findings ~nd recommendations in connection therewith; said public hearing having been continued to the Planning Cornmission meeting of Novemher 14, 1984; and ~9HEREAy, ~aid Cnmmission~ after due inspection, investigation an~ study made by itself and i.n its behalf, and after due consideration nf al]. evidence and r~ports offered at sai.d hearing, does fiiid and determine the following facts: 1. That the proposed us~ is pr•operly one far which a conditionaZ use perm it is auth4rized by Anaheim Municipal C~de Sections 18.06.08Q and 18.34,050.130 and also ~nder authoriky of Cali.fornia Government Code Seckion No. 65915 to wit; to permit a 196-unit aFfordable senior citizE~ns' apartment comp~ex witt~ waiver of the foll~wing; SECTIONS 18.06~U50.013 - R~ uired type af parkfng s~paces. AND 18.34.U66.010 (159 covered spacts required; 179 open ~p~~ces proposed) 2. That tn~ proposed use consisting of 196-unit senior citizens' ttpar~ment untts is E~ereby granted on r_he basis that 49 will be rented only ~~ household s with 1ow nr moderate incones. ~0365r PC84-233 E,:: /""~, I "°\ 3• That tihe above-•mentioned waiver is hereb that ~ecurity would be impr~aved if th~ spaces are uncovN edyan~i~thatnthe Q hasis variance wi:11 not cause an increase in traffic congestion in the immediate vicinity nor adv~rse.ly aff~cE any adjoining land uses; and that the grariting of the narking vari.ance und~r the conditions im~osed, if an F, detrimental to the peace, health, safety or general welfarQ ofy the 1ciL-iz ns ot the City of Anaheim. 4. That ~he proposed use wi,l1 not adver.sely affect the adjoining lanc~ uses and t:~e growth and develop~nent of th~ ~rea in whick, it is proposed to be loca~ed. ;;LP ~'';~, ','i!; ~ (+' 5• That adequate to allow the size and the full dev l shape af the site pro~osed .Eor the use is ~ ,~ det•rimer-tal t~ the E o ment of the ~' propos~d use in a partzcular ~ manner po~ ~ °'~~~ , rea welfare of the Citizens of the City nar to the peace, health, safety of Anaheim. and general ~,~ °''~ 6. ',Chat conditions imposed, the granting i.f any, will no ~f thr•_ Conditional Use Permit t b d under khe '^r~ " ,~ ~j and general welfare oE th~ Citizens e etr.imental to the ~eac~~ ~~a1th, safety ~f ~h Ci ~;, ~",~ ~ e ty of Anahei~n. ' ;}~i~ 7. That no one iildicai:ed their presence at said public hearing in °pp~sx~i~n: and that no correspondence was received in ~pposikion to the subject ~etition. ENVIRUNM~NTAL IMPA~T FINDING: That the Anahei,m Cit Commiss.ion has re~~iewed the proposal to Y Plann~ing citizens' apartment complex on a rectan ularlrm^t a 196-unit affordable senior oE aNPtoximately 5.13 acres J.ocated at the nortl~eastacorner1offSanta Ana $Street ~~r~d Citron Street anc~ further des~ribed as l.he southerl Fremonk Junior High Schaol playfield; and does hereby aortion of the former Declaration upon finding that it has c~nsider.ed the egat veth eclarai~.ion togethc~r with any comments r~ceived during the public review •- findine~ on L-he basis of the initial study and any comments ec ived atihat uthere ts n~ substantial evidence that the projec~t will have a significant ef~ect o the envi.ronment. n [~UW, "ommission does THEREf'ORE, BE IT hereby grant sub;~ RESOLV~D rt P that the Anaheim City Planning ~he fo.Ilowing c etit~on toz Conditional Use Permit, upon r~nditi.ons whicY, are hereb f to the proposed use of the aubject y ou property in nd to be a necessary prerequisite yeneral welfare of the Citizens of the Cit order to pr~serve khe safety and y of Anaheim: 1. 'rhat the awner of subject property shall irrevocably nffer to dedict~~~ to the City of Anaheim a sr_rip o£ Iand 32 feet in width from tne centerline of the street along Citron StreEt .Eor street widening Pur~oses, including a 15 foot property line return at 3anta Ana S~reet. 2• That trash storage areas shal'1 be accordance with approved plans on file w t h the Streeh. Maint~nance and Sanitation Division. _2_ PC84-~~3 ^' . ~~ ,,,,,,,.. . r^~, 3. That sub;iect property shall be served by underground utilities. 9. Tha-~ drainage of subject property shall be disposed of in a manner 5atisf~~ctory to the City Er,gineez. 5. That pri~r to co~mencement of ~:tural framing, fire hydrants shail, be ins~.alled and charye, required and determined to be necessary by the Chief of the F , epartment. 6. T.hat prior ~.o finai building ar ~oning ins~ections, "No parking for street swee~ing" signs shalJ. F installe~3 as required by the Street Mai.ntenance and Sanikation !iivision and in accordance with specifications on file wikh :~d division. 7. 2'hat P.C.C. sidewalks shall be con~tructecl to join public ~ic~ewalks on otie side ot each of the two vehicular entrances ~n Citron Street and on bath sides ~f the vehicular entrance on SanLa Ana Street. 8. Thai: the owrier ~:C subject property shall pay to the City of An~heim a fee for street light9.ng along Cicron Street in an amount as determi~ied by the Ci.ty Counc:ilo 9. That street liyhting fac:ilities along Santa A~-a Street sha1.1 be installed as required by the Utilities General t4anager in accordance with s~ecific~ltions on file in the Of~ice of Utilitips General Manager, and that security in the .form of a bond, certificate of deposit, letL•~r of credit, or cash, in an amount and form satisfact~ry to the C9.ty of Anaheim, sha11 be posteG with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security sha11 be posted witl~ th~ City of Anaheim pric~r to issuance of a building permit. The above-required improvements shall be insta].Zed pricr to ~ccupancy. 10. That the owner of subject property sha11 pay t~ the City of Anaheim a feP for tree pl~nting ptixpose:~ alc~ng Santa Atta Street and C~itror, Street in an amount as det~rmine~ by the City Council. 11. T.iat prior to issuance of a building permit, appropriate park and recreation in-lieu fees sha11 be paid to th~ City of anahei.m in an amount as determined by the Gity Council. 12. That pr.ior to final building and zoning a.aspections, tY~e owner ( s) ~f subj~ct propezty shall recanstruct the existing t:afEic signal at Broadway and Citron Street to the satisfaction of the City ~raffic En4ineer.. Reconstruct~on oF said signal shall be in-lieu of pa,yn~ent of the t.raffic signal a~sessment f.ee otherwi~c due in conn~ction with .issuance of building permit~ for the proposal. 13. That gate~ shall not be i.nstalled across any driveway ~n a mannec whirh tnay adv~ersely affect vehicular traffic in the adjacent public streets. Tnstallatiori of any ga~es within a distance of fozty (40) feet Erorn said pub7.ic street rights-of-way sha1.1 be subject to the review and approval of the City Tr~~ffic Engineer. -3- PC84-233 ~u~~ , . ~n: ~ ,:::~ _ . . .., .. ~ ~ 14. ThaC all driveways sha11 be desigried L-o accommod~tp ten (10) foot cadius cur.b returns as required by the City Traf£ic Engineer. .15. That a].l lockable pedestrian and vehicular access gates sha11 be equi~ped with a"kn~x box" devi~e to the satisfaction of the City Fire MarshalJ. and the City Chief ot Polic~. 16. That f.ire sprinklers ;;hall be installed as requi.red by the City Fire Marshall. 17. That al]. air conditioning facilities shall. be properly shielded from view, and the sound buffered from adjacent properties. 1~. That prior to issuance of building permic.s, thc appl,icant shall present evidence satisfactory ta thE c:hieF t3uilding Tnspector that tl~e residential units will be in conformance with Noise Insulation Standards specified in the Cali£ornia Administrative r.o~e, Tit1e 25. 19. That prior to issuance of building permits, the appZicant ~hall present evisaenc~ satisfactory to the Chief Bui.lding Inspector that the ~ropused project is in conf.crmance with Council Pulicy Number 542 "Sound Ai:tenuation in Resic~ential Projects"> 20. That a 6--foot high masonry ~lock wa11 shall be constructed and maintained along the east property line. 21. That the tenancy uf pach unit of ~ubject facility sha11 be restricted tu persons at least one (1) of wh~m in each ~~nit is fifty-five (55) years of age or olcler; and that a covenant sha11 be recordeci by the owners of the property in a form approv~d by kh~ City Attorney sa 'limiting such occupancy. A copy of said covenant shall then be presented to tt~e Planning Department. 2i. That prior to issuanc~e of a buil~~iny perrnit, the deve].oper shali enter into a reccrded agreement with ~he City of Anaheim to provide that twecity-five percent (25$) oE the permitted number of residential units sha11 be rented as low or moclerate income housing and with appropriate rental controls as approved by ~he City of Annheim for a period of at least twenty (20} y~ars. 23. Tha~c the awner of subject property shall ~ubmit a lel:ter requesting terminati.on oi Tentative Tract 11~25, ReclassiEication Na. 81-82-.16 and Cunditional ~~e Pexmit No. 2311 to the Planning De~attment. 24. That pri~r to the i~s:~ance ~f a building nermit, thc Polic~ Department H~li,p~rt sha11 he relocated and o~er.ational and the developer shall pay all cost:. for relucation of the Heliport consistinc~ of, but not ~Acessari~y limited t:o such items as envir~nmental assessment as required by C.E.Q.A; any s~ate, federal ~r. other government agency permits; 1a:?d acq!iisition costs; ~;iilding constriiction costs i~lcluding constructiot- of a landing pad anci hangar and installation of Fu~1 tanf-.,;; and c,ther necessary site improvement co~t~. '~' PC84-233 , . . . . -.FI: f{( ~J t~' 4.wn] ... ~ . . ' .. . ~ . . ~ . . , ,.~.{~ ~~ ~--,, 25. ~h~,t prior to issuanc~ of a building permit, the hzliport perjnit for the relocation of the PolicP Department Heliport, the cost of whzr.h shall be borne by the developer, shall be issued by the ~alifornia Depa.rtment of Transporta~ion, Division of Aeronautics. 26. That prior to the stark of any construction activities including grading or delivery o~ building materiGls, th~ deve.Zoper Uhall obtain th~ Police Department's aoncurrence with the p;~asing cf constructi.on activities. Said construction activitir~ sha11 bP coordinated with the Police 1)epartmenk helico~ter flights. 27. That prior to issuar~ce of a building permit, a parcQl map to recor.d the division o.E the former Fremont Junior High G~hool play~i~l:~ si~e into L-t,ro ; 2; parcels shall be submi~.tec~ to and anproved hy th~s City o£ Anaheim and then be recorded in the ~J.ffice of the Orang~ County Recorder. 28. That subject properk,y shall be developed substantially in accordance with pZans and specifications on .fi1G with the City of Anaheim marked Exhibit [u~s. 2 through 5 and Revision No. 1 oF Exhik~it No. 1. 29. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, ConditiUn Nas. 1, 8, 9, 10, 11, 18, 19, 21, 22, 23, 24, 25 arid 27, above-mentioned, shall be complied with. Extensions for further time ~u complete said conditions may be granted in acc~rdance with Section 18.03.090 of the Anaherm Municipal Cod~. 30. That prior to £inal building and zoning inspections, Condition Nos. 2, 3, 4, E, 7, 12, ' 3, 14, 15, 1G, 17, 20 and 28, above-mPntioned, shall be com~lied with. B~ ,IT FURTHER RESOLVED that the Anah~im City Planning C~mmission does hereby find and determine that adoption of this Resolution is expressly predi.cated upon applicant's compliancE with each and all of the condittons hereinabove set forth. Should any such conditions, er any part therer~f, be declared invalid or un~nForceable by the final judgment ~f• any court of competsnt jurisdictian, th~n this Reso~ution, and any approvaZs hexein contained, shall bp deemed null and void. THE !'OREGOING RESULUTION is signed and ap rov d by nte, this 14th day of November, 1984. ~ /J , V " ~ (~r~.• J ~~ / .___.2~ArRMAN AI3AHEIM C' TY P:LAI~NING COMMTSSION ATT~S : ' /; i /~~ '~ ~~L ',~ ~iL~'" i~-~'~ ' ~•~ ~~°.;L„~/ SECRe,TARY PRO TEMPORE ANAHETM CITY PLANNING COf~MISSION -5- PC84-233 ;^ .:~ ~. :..~x:,,: i~ ;~i;;~,:';:: ,: ` ,/'~~ r,...,. STATF OF GALIFORNIA ~ COUNTY OF ORANGE ) ss. CTTY OE' ANAHEIM ) I, Pamel~ Starnes, S~cretary Prn Tempore ot the Anaheim City Planning Comrnission, do hereby certi£y that the foregoing reso~.i.~tion ~oas passed ard adopk~d at a mc~eting of tt~e Anaheim City Plar-ning Commissiori held rn November 14, 1984, by the following vote of the members therec~f: AYES: COMMISSIONERS: HERI3ST~ KTNG~ LA Ci,AIRE, MC BURN~Y NOES: COMMISSIONERS: BUSHORE, FRY ABS~NT: COMMISSIONERS: BOUAS TN WITNESS WHEREOF~ I hav~ here unto set my hand this 14th day of Novemb~r, 1984. i~ ~ . ~ ~` ~/ ~ / ) ~i~r~W~~ ~ ` ~(/ y~ -'~ vv \~T~_ SECRETAItY PRO TEMPORi +r ANAHEIM CI'PY PLANNING COMMiSSION ~ e~~ `'71i ' i~~ ,:, 7 ~ S y , a ' ~'' ~` ~ ~~~ , `~r '~I ~k `~ _ ''... 'i~ '~`v ~'. 1., -6- PC84-233 ;~ ~'t ,~ c: 4.. I , :~~~ .. t';,~' ~ ~t; l ~~~~~