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90-147 RESOLUTION NO. 90R-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3261. 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 a 5-story, 117-unit "affordable" deck-type housing apartment complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1A: PARCEL 2, IN THE CITY OF ANAHEIM AS SHOWN IN A MAP FILED IN BOOK 11, PAGE 16 OF PARCEL MAPS IN THE OFEICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL lB: THE SOUTHERLY 10.00 ACRES OF THE FOLLOWING DESCRIBED PARCEL: LOT 4 IN BLOCK 25 AND THE WESTERLY 9.92 ACRES OF LOT IN SAID BLOCK 23 OF THE GOLDEN STATE TRACT, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGES 66 AND 6? OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY. THE EASTERLY LINE OF SAID 9.92 ACRES TO BE PARALLEL WITH THE DISTANT WESTERLY 217.50 FEET FROM THE EASTERLY LINE OF SAID LOT 5. EXCEPTING THEREFROM SAID 10.00 ACRES THAT PORTION DESCRIBED IN A DEED TO FREEWAY INDUSTRIAL CENTER, INC., A CALIFORNIA CORPORATION, RECORDED DECEMBER 12, 1960, IN BOOK S544, PAGE 248 OF OFFICIAL RECORDS. ALSO EXCEPTING FROM SAID 10.00 ACRES, THAT PORTION DESCRIBED IN A DEED TO THE STATE OF CALIFORNIA, RECORDED JANUARY 9, 1964, IN BOOK 6875, PAGE 164 OFFICIAL RECORDS; 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 18.05 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. PC90-64 granting Conditional Use Permit No. 3261; and CUP 3261 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 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 65915 of the Government Code and Section 50105 of the Health and Safety Code are present and that said waiver(s) should be granted, for the following reasons: 1. That the developer of said property has agreed to construct at least ten percent (10%) of the housing development for very low income households as defined in Sectin 50105 of the Health and Safety Code; and 2. Fore the aforesaid reason, Sectin 65915 of the Government Code authorizes the City to grant to developer a density bonus consisting of a density increase of at least twenty-five percent (25%) over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan. '2- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that, for the reasons hereinabove stated that Conditional Use Permit No. 3261 be, and the same is hereby, granted permitting a 3-story, 117-unit "affordable" deck-type housing 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 Minimum building site area per dwelling unit. and 18.96.050 (1,200 sq. ft. required; 962 sq. ft. proposed) subject to the following conditions: 1. That an eight (8) inch VCP sewer line shall be constructed from the existing thirty three (35) inch sewer at the intersection of Sunkist Street and La Palma Avenue to a point approximately one thousand eight hundred thirty (1,850) feet east along La Palma Avenue. Existing laterals along La Palma Avenue shall be re-connected from the existing twelve (12) inch line to the new eight (8) inch line. The developer may enter into a reimbursement agreement with the City of Anaheim to recover a portion of the costs for construction of the new sewer improvements in accordance with Anaheim Municipal Code Section 17.08.430. Prior to issuance of building permits, sewer improvement plans shall be submitted to and improvement security shall be posted with the Public Works Department Subdivision Section. The sewer shall be designed and constructed in accordance with standard plans and specifications on file in the Office of the City Engineer. Improvement security may be in the form of a surety bond, irrevocable letter of credit or cash deposit, in an amount approved by the City. After the construction of the new eight (8) inch sewer line, flow measurements shall be taken at Carousel Place, Sycamore Street and Rio Vista Street to determine if the mitigation measure was adequate. An addendum to the previously submitted sewer study shall be required incorporating the additional flow meter readings and detailing the results of the new sewer improvements and their effects upon the existing surcharge condition. Further sewer improvements may be required by the City Engineer. All sewer improvements required by the City Engineer shall be constructed prior to occupancy of subject property. 2. 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. That plans shall be submitted to the City Traffic Engineer for his review and approval showing how the vehicular security gate will function in relation to the vehicular turn-around area. 4. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with Engineering Standard Plan Nos. 436, 601 and 602 pertaining ~,~' to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 5. That both spaces in each pair of tandem parking spaces shall be assigned to the same dwelling unit. 6. That guest parking spaces shall be clearly marked for "guest parking only" and shall be readily accessible to motorists from the adjacent streets. 7. That street lighting facilities along Erontera Street and Jackson Avenue 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. 8. That a fee for street tree purposes along Frontera Street and Jackson Avenue shall be paid to the City of Anaheim based on the street frontage and in an amount as established by City Council resolution. ~, 9. That subject property shall be served by underground utilities. 10. That prior to issuance of a building permit, the appropriate fees for primary mains shall be paid to the Water Engineering Division in accordance with Rules iSA and 20 of the Water Utility Rates, Rules and Regulations. 11. That separate private fire and domestic water systems shall be installed, with underground vaults, to the satisfaction of the Water Engineering Division. 12. 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. -4- 13. That prior to issuance of a building permit, a solid waste management plan with recycling capabilities shall be approved by the Street Maintenance and Sanitation Division. Upon occupancy of the project, said plan shall commence and remain in full effect as required by the Street Maintenance and Sanitation Division. 14. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. An all-weather road as approved by the Fire Department shall be provided to the hydrant at all times. 15. That fire sprinklers shall be installed as required by the Fire Department. 16. That a local fire alarm system shall be installed. Manual pulls may be omitted if the sprinkler water flow is wired to activate the required bells and horns. 17. That water for fire-fighting purposes shall be supplied in a manner as determined by a fire flow test. Said test results shall be provided to the Fire Department and Water Engineering Division prior to the issuance of a building permit. 18. That no habitable building shall be constructed within one hundred fifty (150) feet of an oil well. 19. That no landscape planters shall be constructed within those areas designated as private recreational/leisure areas. 20. 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. 21. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 22. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view, and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 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. '5- 24. That prior to issuance of a building permit, satisfactory evidence shall be submitted to the Building Division showing that the proposed project is in conformance with Council Policy Number S42 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 25. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 26. 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 §591S to provide that a minimum of twelve percent (12%) 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. That this Conditional Use Permit is granted subject to the adoption of a zoning ordinance in connection with Reclassification No. 89-90-4S, now pending. 28. That the developer shall be responsible for any direct costs associated with the monitoring and/or reporting required as set forth by Section 21081.6 of the Public Resources Code to ensure implementation of those mitigation measures identified in the mitigated Negative Declaration that have been incorporated as conditions of approval for subject property. 29. That a faithful performance bond in an amount approved by the City Engineer shall be posted with the City of Anaheim prior to issuance of a building permit to guarantee the removal o£ existing street improvements along Frontera Street and reconstruction/construction of full street improvements at the ultimate location prior to final building and zoning inspections authorized by this resolution. 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 marked Exhibit Nos. 1 through 15. 31. That the petitioner shall implement procedures established by the City of Anaheim and the California Department of Conservation, Division of Oil and Gas, procedures for abandoning and capping the oil wells, removing the storage tanks and pipelines and installing an appropriate gas venting system. -6- That the petitioner shall remove any and all contaminated soils from the site and replace same with clean fill in accordance with procedures established by the Orange County Health Care Agency. The petitioner shall establish a reporting procedure to comply with all findings of the Health Care Agency's investigations should that Agency require further review beyond that submitted by the petitioner prior to the Planning Commission's public hearing. 53. That the property owner shall monitor and maintain the gas venting system during the life of the project, subject to monitoring by the City. 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, 7, 8, 10, 12, 13, 17, 20, 22, 23, 24, 26, 27, 29, 31 and 32 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. 35. That prior to final building and zoning inspections, Condition Nos. 1, 6, 7, 9, 11, 15, 16, 19, Z1, 29 and 30, above-mentioned, shall be complied with. 36. 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 findings 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. -7- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st day of May, 1990. M~YO~ROF T~AHEIM ATT~ . CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3674L 050290 -8- 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. 90R-147 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of May, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler 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. 90R-147 on the 7th day of May, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of May, 1990. CITY CLERK OF THE CITY OF ANAHEIM (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-147, duly passed and adopted by the Anaheim City Council on May 1, 1990. CITY CLERK OF THE CITY OF ANAHEIM