1985-070RESOLUTION NO. 85R-70
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2631.
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 PACESETTER HOMES, INC., owner, and CALMARK DEVELOPMENT
CORPORATION, agent, to permit a 196-unit senior citizens' apartment
complex upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
BEING A PORTION OF VINYARD LOT F-6, AS SHOWN ON A
MAP OF THE LANDS OF ANAHEIM, MADE BY GEORGE
HANSEN AND LITHOGRAPHED BY KUCHEL AND DRESSEL, A
COPY OF WHICH MAP IS ANNEXED TO A CERTAIN DEED
EXECUTED BY THE LOS ANGELES VINYARD SOCIETY TO
THE ANAHEIM WATER COMPANY, AND RECORDED IN BOOK
4, PAGE 624 AND FOLLOWING OF DEEDS OF LOS ANGELES
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
THE WESTERLY :562.58 FEET, MORE OR LESS, OF SAID
VINYARD LOT F-6.
EXCEPTING THEREFROM, THE NORTHERLY 382.75 FEET;
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. PC84-233 granting
Conditional Use Permit No. 2631; 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 adjoin-
ing 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
18.06.080 of the Anaheim Municipal Code are present and that said
waiver(s) should be granted, for the following reasons:
1. The variance(s) will not cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
2. The granting of the variance(s) under the conditions
imposed will not be detrimental to the peace, health, safety or
general welfare of the citizens of the City of Anaheim.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated, the
action of the City Planning Commission granting said conditional
use permit be, and the same is hereby, affirmed and that
Conditional Use Permit No. 2631 be, and the same is hereby,
granted permitting a 196-unit senior citizens' apartment complex
on the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTIONS 18.06.050.013 -
AND 18.34.066.010
Required type of parking
spaces.
(159 covered spaces required;
179 open spaces proposed)
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subject to the following conditions:
1. That the owner of subject property shall irrevocably
offer to dedicate to the City of Anaheim a strip of land
32 feet in width from the centerline of the street along
Citron Street for street widening purposes, including a
15 foot property line return at Santa Ana Street.
2. That trash storage areas shall be provided and
maintained in accordance with approved plans on file
with the Street Maintenance and Sanitation Division.
3. That subject property shall be served by underground
utilities.
4. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
5. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
determined to be necessary by the Chief of the Fire
Department.
6. That prior to final building and zoning inspections, "No
parking for street sweeping" signs shall be installed as
required by the Street Maintenance and Sanitation
Division and in accordance with specifications on file
with said division.
7. That P.C.C. sidewalks shall be constructed to join
public sidewalks on one side of each of the two
vehicular entrances on Citron Street and on both sides
of the vehicular entrance on Santa Ana Street.
8. That the owner of subject property shall pay to the City
of Anaheim a fee for street lighting along Citron Street
in an amount as determined by the City Council.
9. That street lighting facilities along Santa Ana Street
shall be installed as required by the Utilities General
Manager in accordance with specifications on file in the
Office of Utilities General Manager, and 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.
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10. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Santa
Ana Street and Citron Street in an amount as determined
by the City Council.
'"` 11. 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.
12. That prior to final building and zoning inspections, the
owner(s) of subject property shall reconstruct the
existing traffic signal at Broadway and Citron Street to
the satisfaction of the City Traffic Engineer.
Reconstruction of said signal shall be in-lieu of
payment of the traffic signal assessment fee otherwise
due in connection with issuance of building permits for
the proposal.
13. That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in
the adjacent public streets. Installation of any gates
within a distance of forty (40) feet from said public
street rights-of-way shall be subject to the review and
approval of the City Traffic Engineer.
14. That all driveways shall be designed to accommodate ten
(10) foot radius curb returns as required by the City
Traffic Engineer.
15. That all lockable pedestrian and vehicular access gates
shall be equipped with a "knox box" device to the
satisfaction of the City Fire Marshall and the City
Chief of Police.
16. That fire sprinklers shall be installed as required by
the City Fire Marshall.
17. That all air conditioning facilities shall be properly
shielded from view, and the sound buffered from adjacent
properties.
18. That prior to issuance of building permits, the
applicant shall present evidence satisfactory to the
Chief Building Inspector that the residential units will
be in conformance with Noise Insulation Standards
specified in the California Administrative Code, Title
25.
19. That prior to issuance of building permits, the
applicant shall present evidence satisfactory to the
Chief Building Inspector that the proposed project is in
conformance with Council Policy Number 542 "Sound
Attenuation in Residential Projects".
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20. That a 6-foot high masonry block wall shall be
constructed and maintained along the east property line.
21. That, to the extent permitted by law, the tenancy of
each unit of subject facility shall be restricted to
persons at least one (1) of whom in each unit is
fifty-five (55) years of age or older; and that a
covenant shall be recorded by the owners of the property
in a form approved by the City Attorney so limiting such
occupancy. A copy of said covenant shall then be
presented to the Planning Department.
22. That prior to issuance of a building permit, the
developer shall enter into a recorded agreement with the
City of Anaheim to provide that twenty-five percent
(25$) of the permitted number of residential units shall
be rented as low or moderate income housing and with
appropriate rental controls as approved by the City of
Anaheim for a period of at least twenty (20) years.
23. That the owner of subject property shall submit a letter
requesting termination of Tentative Tract 11425,
Reclassification No. 81-82-16 and Conditional Use Permit
No. 2311 to the Planning Department.
24. That prior to the issuance of a building permit, the
Police Department Heliport shall be relocated and
operational and the developer shall pay all costs for
relocation of the Heliport consisting of, but not
necessarily limited to such items as environmental
assessment as required by C.E.Q.A; any state, federal or
other government agency permits; land acquisition costs;
building construction costs including construction of a
landing pad and hangar and installation of fuel tanks;
and other necessary site improvement costs.
25. That prior to issuance of a building permit, the
heliport permit for the relocation of the Police
Department Heliport, the cost of which shall be borne by
the developer, shall be issued by the California
Department of Transportation, Division of Aeronautics.
26. That prior to the start of any construction activities
including grading or delivery of building materials, the
developer shall obtain the Police Department's
concurrence with the phasing of construction
activities. Said construction activities shall be
coordinated with the Police Department helicopter
flights.
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27. That prior to issuance of a building permit, a parcel
map to record the division of the former Fremont Junior
High School playfield site into two (2) parcels shall be
submitted to and approved by the City of Anaheim and
then be recorded in the Office of the Orange County
Recorder.
28. That subject property shall be developed substantially
in accordance with plans and specifications on file with
the City of Anaheim marked Exhibit Nos. 2 through 5 and
Revision No. 1 of Exhibit 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, Condition Nos. 1, 8, 9, 10, 11,
18, 19, 21, 22, 23, 24, 25 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.
30. That prior to final building and zoning inspections,
Condition Nos. 2, 3, 4, 6, 7, 12, 13, 14, 15, 16, 17, 20
and 28, above-mentioned, shall be complied with.
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 5t day of February, 1985.
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MA OR OF THE CITY O ANAHE M
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:pm
2504U
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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. 85R-70 was introduced and adopted at a regular ,..,,,~
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of February, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-70 on the 5th day of February, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of February, 1985.
if i~/
CITY CLERK Ox THE CITY OF ANAHE
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 85R-70 duly passed and adopted
by the Anaheim City Council on February 5, 1985.
CIT CLERK