90-363 RESOLUTION NO. 90R-363
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 329?.
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
to permit an 85-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:
PARCEL 1: LOT 5 OF TRACT 3091, IN THE CITY OF
ANAHEIM, AS PER MAP RECORDED IN BOOK 92, PAGES 48 AND
49, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2: THE EASTERLY 150.00 FEET OF LOT 7, MEASURED
ALONG THE SOUTH LINE OF SAID LOT, OF TRACT NO. 3091,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 92, PAGE 48 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, THE WESTERLY LINE THEREOF
BEING PARALLEL WITH THAT PORTION OF THE EASTERLY LINE
OF SAID LOT SHOWN AS "NORTH 00° 37' 00" EAST 150.00"
ON SAID MAP.
EXCEPT THE SOUTH 150.00 FEET THEREOF MEASURED ALONG
THE EAST LINE OF SAID LOT; and
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. PC90-193 granting
Conditional Use Permit No. 3297; 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
CUP 3297
and did give all 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 all 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
adjoining land uses and the growth and development of the area in
which it is proposed to be located.
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(s), that all of the conditions set forth in Section
18.03.040 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. That there are special circumstances applicable to the
property, including size, shape, topography, location or
surroundings, which do not apply to other property under
identical zoning classification in the vicinity.
Z. That, because of special circumstances shown in (1)
above, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 329? be, and the same is hereby,
granted permitting an 8S-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:
CUP 3297
SECTIONS 18.34.061.010 - Minimum site area per dwelling
and 18.94.031.020 unit. (1,200 sq.ft. required;
801 sq.ft. proposed)
SECTIONS 18.34.063.011 - Structural setback and yard
18.34.063 requirements. (minimum 15
and 18.94.033.010 feet from Bruce Street an--d--
Roanne Avenue, and 20 feet
from Gilbert Street and Ball
Road required; 0 to 15 feet
proposed)
subject to the following conditions:
1. That a Lot Line Adjustment Plat to combine the three (3)
existing lots shall be submitted to the Subdivision Section
and approved by the City Engineer and then recorded in the
Office of the Orange County Recorder.
2. That curbs and gutters shall be removed and/or
reconstructed 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.
3. 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 established by City
Council resolution.
4. That security gates shall be installed across the entrances
to both parking areas, but that said gates shall not be
installed in a manner which may adversely affect vehicular
traffic in the adjacent public streets. Installation of
the gates shall conform to Engineering Standard Plan No.
402 and shall be subject to the review and approval of the
City Traffic Engineer prior to issuance of a building
permit.
$. That plans shall be submitted to and approved by the City
Traffic Engineer indicating how the vehicular security
gates and turn-around area will function.
6. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with the
latest revision of Engineering Standard Plan Nos. 456 and
601 pertaining to parking standards. Subject property
shall thereupon be developed and maintained in conformance
with said plans.
7. That all driveways shall be constructed with ten (10) foot
radius curb returns as required by the City Engineer in
conformance with Engineering Standards.
CUP 5297
8. That street lighting facilities along Gilbert Street, Ball
Road and Bruce Street shall be installed as required by the
Utilities General Manager in accordance with specifications
on file in the Office of the 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 City of Anaheim prior to issuance of a
building permit. The above-required improvements shall be
installed prior to occupancy.
9. That subject property shall be served by underground
utilities.
10. That unless system upgrades are constructed as required by
the Water Engineering Division, water service to Building
No. I shall be from Ball Road or Roanne Street, water
service to Building No. II shall be from Roanne Street, and
~ water service to Building No. III shall be from Gilbert
Street.
11. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the Fire Department.
12. That any lockable pedestrian and/or vehicular access gates
shall be equipped with "knox box" devices as required and
approved by the Fire Department.
13. That fire sprinklers shall be installed as required by the
Fire Department.
14. That a local fire alarm system shall be installed as
required by the Fire Department. Manual alarm pulls may be
~' omitted.
15. 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. Such information shall be
specifically shown on the plans submitted for building
permits.
16. That a fee for street tree purposes shall be paid to the
City of Anaheim based on the length of street frontages
along Gilbert Stree't, Ball Road, Roanne Street and Bruce
Street in an amount as established by City Council
resolution.
CUP 3297
17. 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 established by City Council
resolution.
18. That the water backflow equipment and any other large water
system equipment shall be installed to the satisfaction of
the Water Utility Division in either (a) underground vaults
or (b) behind the street setback area in a manner fully
screened from all public streets and alleys.
19. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate
building materials; and, further, such information shall be
specifically shown on the plans submitted for building
permits.
20. That prior to issuance of a building permit, satisfactory
evidence shall be presented to the Building Division
showing 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.
21. That a six (6)-foot high combination masonry block and
decorative wrought iron wall shall be constructed and
maintained along all interior property lines property
lines; provided, however, that the City Traffic Engineer
shall have the authority to reduce the height of the wall
to protect visual lines-of-sight where pedestrian/vehicular
circulation intersects. The block wall portion shall be
planted and maintained with clinging vines to eliminate
graffiti opportunities. The design for said wall shall be
specifically shown on the plans submitted for building
permits.
22. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
23. That prior to issuance of a building permit, the legal
property owner shall enter into an unsubordinated recorded
agreement with the City of Anaheim pursuant to California
Government Code Section 65915 to provide 'that twenty five
(25%) of the Code-permitted number of residential units
shall be rented as very low income housing as defined in
California Government Code Section 65915 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. In
addition, the legal owner shall also include in the
agreement a provision that twenty-five percent [25%) of the
total number of proposed senior citizens' apartment units
-5- CUP 3297
shall be rented as lower income housing (as described in
Anaheim Municipal Code Section 18.94.040) with appropriate
rental controls as approved by the City of Anaheim for a
period of not less than thirty (50) years from the date of
issuance of occupancy permits. A copy of the recorded
covenant shall then be submitted to the Zoning Division.
(This condition may be modified by the Housing Division of
the Community Development Department.)
24. That 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 unit; and that not more than three (5)
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 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.
That elevators shall be constructed and maintained for the
5-story buildings (Buildings I and II) so that each
dwelling unit entrance is within one hundred fifty (1S0) of
an elevator. Each elevator shall comply with the State of
California Fire Life Safety Regulations.
26. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1887 and Conditional
Use Permit No. 1770 to the Zoning Division.
27. 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 7.
28. 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, 5, 4, 5, 6, 8,
15, 16, 17, 19, 20, 21, 25, 24 and 26, above-mentioned,
shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with
Section 18.05.090 of the Anaheim Municipal Code.
-6- CUP 5297
29. That prior to final building and zoning inspections,
Condition Nos. 2, 7, 8, 9, 10, 12, 13, 14, 18, 21, 2S and
27, above-mentioned, shall be complied with.
30. 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 £indings as to compliance or
approval of the request regarding any other applicable
ordinance, regulation or requirement.
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 18th day of
September, 1990.
JLW:kh
3909L
091990
-7- CUP 5297
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. 90R-363 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of September, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Daly, Pickler and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Kaywood
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 90R-363 on the 25th day of September, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 25th day of September, 1990.
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-363, duly passed and
adopted by the Anaheim City Council on September 18, 1990.
CITY CLERK OF THE CITY OF ANAHEIM