91-149 RESOLUTION NO. 91~-149
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3390.
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 9-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:
THE NORTH 78 FEET OF THE EAST 152.5 FEET OF THE
SOUTH 312 FEET OF THE NORTH 1014 FEET OF THE
EAST ONE-HALF OF THE EAST 20 ACRES OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-
QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE
10 WEST, S.B.B. & M.; 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. PC91-40 granting Conditional
Use Permit No. 3390; 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
consideration 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.
CUP 3390
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,
Conditional Use Permit No. 3390 be, and the same is hereby, granted
permitting a 9-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:
Sections 18.31.061.010 - Minimum building site area per dwellinq
and 18.94.031.020 unit. (1,200 s~. ft. required; 1,040 sq.
ft. proposed)
Sections 18.34.062.012 - Maximum structural height.
and 18.94.032.010 (2.5 and 5 feet permitted when located ~
and 10 feet from RS-A-43,000 zoning; 20
and 27 feet proposed).
Sections 18.34.063.011 - Minimum structural setback from street.
and 18.94.033.010 (20 feet required; 15 feet proposed for a
parking space)
CUP 3390
Sections 18.32.061.010 - Minimum setback to single family
and 18.94.033.010 residential zone.
(20 feet required; 10 feet proposed to RS-
A-43,000 zoning)
subject to the following conditions:
1. 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
No. 90R-198.
2. That gates shall not be installed across the driveway in a
manner which may adversely affect vehicular traffic in the
adjacent public street. Installation of any gates shall
conform to Engineering Standard Plan No. 609 and shall be
subject to the review and approval of the City Traffic
Engineer to determine lines-of-site prior to issuance of a
building permit.
3. 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. 436 and 601
pertaining to parking standards and driveway location.
Subject property shall thereupon be developed and maintained
in conformance with said plans.
4. That the driveway on Gilbert Street shall be constructed with
ten (10) foot radius curb returns, as required by the city
Engineer in conformance with Engineering Standards.
5. That prior to issuance of a building permit, the appropriate
fees due to primary water mains and fire protection service
shall be paid to the Water Engineering Division in accordance
with Rules 15A and 20 of the Water Utility Rates, Rules and
Regulations.
6. That street lighting facilities along Gilbert 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.
7. That subject proposal shall be served by underground
utilities.
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8. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the Fire Department.
9. That fire sprinklers shall be installed as required by the
Fire Department.
10. That all lockable pedestrian and/or vehicular access gates
shall be equipped with "knox box" devices as required and
approved by the Fire Department.
11. 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, and as shown on
Revision No. 1 (the overlay) presented to the Planning
Commission at the public hearing.
12. That a fee for street tree purposes shall be paid to the City
of Anaheim base length of street frontage along Gilbert Street
in an amount as established by City Council resolution.
13. 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.
14. 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.
15. 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.
16. 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.
17. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the interior property lines
excepting the front setback where the wall height shall not
exceed three (3) feet; 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
and/or vehicular circulation intersect.
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18. That a local fire alarm system shall be installed as required
by the Fire Department. Manual alarm pulls may be omitted.
19. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
20. 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 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. 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 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 (30) years from the date
of issuance of occupancy permits. A copy of the recorded
covenant shall then be submitted to the Zoning Division.
21. 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 (3) 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.
22. 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 Revision No. 1 of Exhibit Nos.
1 and 2.
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23. That prior to issuance of a building permit or within a period
of one (1) year form the date of this resolution, whichever
occurs first, Condition Nos. 1, 2, 3, 5, 6, 11, 12, 14, 15,
16, 20 and 21, 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.
24. 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 21st day of May, 1991.
0F
CITY CLERK OF THE CITY OF ANAHEIM
RCUP3390.179
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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. 91R-149 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 21st day of
May, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly and Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-149 on the 22nd day of May, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of May, 1991.
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. 91R-149, duly passed and
adopted by the City Council of the City of Anaheim on May 21, 1991.
CITY CLERK OF THE CITY OF ANAHEIM