90-145 RESOLUTION NO. 90R-145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3260.
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 "affordable" 80-unit 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 2: LOT 4 IN BLOCK 25 AND THE WESTERLY 9.92
ACRES OF LOT 5 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 67 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY.
THE EASTERLY LINE OF SAID 9.92 ACRES TO BE PARALLEL
WITH AND DISTANT WESTERLY 217.50 FEET FROM THE
EASTERLY LINE OF SAID LOT 3.
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 5544, PAGE 248 OF OFFICIAL RECORDS.
ALSO EXCEPTING FROM SAID'10.00 ACRES, THAT PORTION
DESCRIBED IN A DEED TO THE STATE OE CALIFORNIA,
RECORDED JANUARY 9, 1964, IN BOOK 6876, PAGE 164 OF
OFFICIAL RECORDS.
ALSO EXCEPT THAT PORTION OF SAID LAND LYING NORTHERLY
OF THE CENTERLINE OF JACKSON AVENUE DESCRIBED IN
INSTRUMENT RECORDED SEPTEMBER 29, 1971, IN BOOK 9824,
PAGE 282, OF OFFICIAL RECORDS.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER
HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET
WITHOUT ANY RIGHT TO ENTER UPON THE SURFACE OF THE
SUBSURFACE OF SAID LAND ABOVE A DEPTH OF 500 FEET, AS
PROVIDED IN INSTRUMENTS OF RECORD; 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
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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. PC90-62 granting, in
part, Conditional Use Permit No. 3260; 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 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 Section 50105 of the
Health and Safety Code; and
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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 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3260 be, and the same is hereby,
granted permitting an "affordable" 80-unit deck-type housing
apartment complex on the hereinabove described real property with
a waiver of the foilowing provisions of the Anaheim Municipal
Code:
SECTIONS 18.34.061.010 -Minimum building site area per dwelling unit.
and 18.96.030 (1,200 sq. ft. required; 969 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 (55) inch sewer at the
intersection of Sunkist Street and La Palma Avenue to a
point approximately one thousand eight hundred thirty
(1,850) feet easterly 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 security 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. The developer shall
provide the City with an addendum to the previously
submitted sewer study 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.
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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.
5. 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.
That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with
Engineering Standard Plan Nos. 456, 601 and 604 pertaining
to parking. 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 "guest
parking only" and shall be readily accessible to motorists
from the adjacent streets.
7. That a fee for street lighting purposes along Jackson
Avenue shall be paid to the City of Anaheim based on the
length of street frontage and in an amount as established
by City Council resolution.
That a fee for street tree purposes along Jackson Avenue
shall be paid to the City of Anaheim based on the length of
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 water mains shall be paid to
the Water Engineering Division in accordance with Rules 15A
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.
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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 City Fire Department. An all-weather road
shall be provided to the hydrant at all times, as required
and approved by the Fire Department
That fire sprinklers shall be installed as required by the
Fire Department.
16. That a local fire alarm system shall be installed as
required and approved by the Fire Department. Manual pulls
may be omitted if the sprinkler waterflow 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 any oil well. Plans submitted
for the building permits shall clearly show the location of
all wells (existing, capped or abandoned, located on or
within one hundred fifty (150) feet of subject property.
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.
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.
23. 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, that such information
shall be specifically shown on the plans submitted for
building permits.
24. 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.
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 65915 to provide that a minimum of
fifteen percent (15%) 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.
27. That this Conditional Use Permit is granted subject to the
adoption of a zoning ordinance in connection with
Reclassification No. 89-90-44, 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 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 12.
30. That the petitioner shall implement procedures established
by the City of Anaheim and the California Department of
Conservation, Division of Oil and Gas, for abandoning and
capping the oil wells, removing the storage tanks and
pipelines and installing an appropriate gas venting system.
51. That the applicant shall remove any and all contaminated
soils from the site and shall replace the removed soil 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.
32. That the property owner shall monitor and maintain the gas
venting system for the life of the project and subject to
monitoring by the City of Anaheim.
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, 15, 17, 18, 20, 22, 25, 24, 26, 27, 50 and
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.
54. That prior to final building and zoning inspections,
Condition Nos. 1, 5, 6, 9, 11, 15, 16, 19, 21 and 29,
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, 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.
THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 1st day of May,
1990.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh/3672L/050290
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-145 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-145 on the loth day of May, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this loth 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-145, duly passed and
adopted by the Anaheim City Council on May 1, 1990.
CITY CLERK OF THE CITY OF ANAHEIM