1985-469RESOLUTION NO. 85R-469
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2718.
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., 4540 Campus Drive, Newport Beach,
California 92660, for a senior citizen's apartment project upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
LOT 2 OF TRACT NO. 11426, IN THE CITY OF ANAHEIM, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 511, PAGES 32
TO 34 INCLUSIVE, MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID ORANGE COUNTY; 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. PC85-215 granting
Conditional Use Permit No. 2718; 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
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.
2. 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, 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. 2718 be, and the same is hereby,
granted permitting a senior citizens' apartment project on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
SECTION 18.94.033.032 - Required site screening.
AND 18.94.037.010 (6-foot high masonry
wall adjacent to
northerly and southerly
property lines and
alley required; wood and
`"""`~ wrought-iron fences
proposed)
subject to the following conditions:
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13. That all driveways shall be reconstructed to accommodate
ten (10) foot radius curb returns as required by the City Traffic
Engineer.
14. 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.
15. That prior to issuance of a building permit, the
developer shall enter into a recorded agreement with the City of
Anaheim pursuant to Anaheim Municipal Code Section No. 18.94.040
to provide that twenty-five percent (25%) of the permitted number
of residential units shall be rented as low or moderate income
housing as defined in 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.
16. That a covenant in a form reviewed and approved by the
City Attorney shall be recorded against the property restricting
the occupancy of the units. Said covenant shall include the
following restrictions as required by Section 18.94.039 of the
Anaheim Municipal Code:
a. That not more than two (2) persons, at least one
(1) of whom must be a senior citizen (as defined by the Anaheim
Municipal Code), shall reside in, or be permitted to reside in,
any bachelor unit or one (1) bedroom unit;
b. That not more than three ~3) persons, at least one
(1) of whom must be a senior citizen, sha 1 reside in, or be
permitted to reside in any two (2) bedroom unit;
c. 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 45 years of age except that temporary residency
by a person less than 45 years of age for a cumulative period of
sixty (60) days in any calendar year shall be permitted.
d. That the term 'cohabitant' as used in this section
shall mean persons who live together as husband and wife.
17. That this Conditional Use Permit is granted subject to
the adoption of the Zoning Ordinance in connection with
Reclassification No. 85-86-O1, now pending.
18. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 6; provided, however, (a)
that wrought iron fencing shall replace the existing six (6) foot
high wooden fence along the north property line and (b) that the
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1. That a modified cul-de-sac shall be provided at the
westerly terminus of Chestnut Street adjacent to the easterly
property line of subject property in a manner satisfactory to the
City Engineer.
°"' 2. 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.
3. 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" and with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
4. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
5. That subject property shall be served by underground
utilities.
6. That drainage of subject property shall be disposed of
in a manner satisfactory to the City Engineer.
7. 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.
8. That the existing public sanitary sewer on site shall be
relocated, protected or reconstructed as approved by the Street
Maintenance and Sanitation Superintendent.
9. That the existing public sanitary sewer easement shall
be widened as required by the Street Maintenance and Sanitation
Superintendent.
10. That the owner of subject property shall pay to the City
of Anaheim a fee for tree planting purposes along Citron Street in
an amount as determined by the City Council.
11. 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 determined by the City Council for
each new dwelling unit.
12. That gates shall not be installed across any driveway in
a manner which may adversely affect vehicular traffic in the
adjacent public street(s). Installation of any gates within a
distance of forty (40) feet from said public street
right(s)-of-way shall be subject to the review and approval of the
City Traffic Engineer.
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fencing parallel to the west property line (Citron Street) shall
be located no closer than eight (8) feet to said west property
line and shall consist of three (3) foot high masonry block on top
of a three (3) foot high landscaped earthen berm.
19. 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. 3, 7, 9, 10, 11, 12, 14, 15, 16 and
17, 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.
20. That prior to final building and zoning inspections,
Condition Nos. 1, 4, 5, 6, 8, 12, 13, 14 and 18, 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 5th day of November, 1985.
i~~~
MAYOR OF THE CITY ANAHE M
ATTEST:
.~~-
C TY CLERK OF THE CITY OF ANAHEIM
JWF : fm
4462M
112085
-5-
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. 85R-469 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 November, 1985, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 85R-469 on the 5th day of November, 1985.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day of November, 1985.
(~~
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. 85R-469 duly passed and
adopted by the Anaheim City Council on November 5, 1985.
CITY CLERK