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2002-258RESOLUTION NO. 2002R-258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0.2002- 04601. 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 26-unit, 3-story 'affordable' senior citizens' apartment complex with a density bonus upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID SOUTH HALF; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 13, SOUTH 89' 59' 15" WEST 110.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN DEED TO THE SOUTH WILLIAM H. BRINING RECORDED MAY 31, 1956 IN BOOK 3530, PAGE 20, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAST MENTIONED LAND 279.86 FEET TO THE SOUTHERLY LINE OF TRACT NO. 2228 AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGES 34 THROUGH 37 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO VANDRUFF HOMES, INC., RECORDED MAY 5, 1955 IN BOOK 3056, PAGE 47 OF SAID OFFICIAL RECORDS, A DISTANCE OF 110.00 FEET TO THE WESTERLY LINE OF SAID EAST 5 ACRES; THENCE SOUTHERLY ALONG SAID LAST MENTIONED LINE TO THE POINT OF BEGINNING; 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. PC2002-152 granting, in part, Conditional Use Permit No. 2002-04601; 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. 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. - 2 - 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. 2002-04601 be, and the same is hereby, granted permitting a 26-unit, 3-story 'affordable' senior citizens' apartment complex with a density bonus on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: gections 1@.34.021.010 and 18.94.031.020 Minimum building site area per dwelling unit. (1,200 sq.ft, per unit required; 955 sq.ft, per unit proposed) subject to the following conditions: 1. That exterior lighting fixtures located adjacent to any residential property shall be down?lighted. Said lighting fixtures shall be decorative and shall be directed away from the adjacent residential property lines to protect the residential integrity of the area; and that this information shall be specified on the plans submitted for building permits. 2. That final plans specifying the following aspects of this project shall be submitted to the Zoning Division for review and approval: (a) Landscape plan, including provisions for minimum twenty four (24) inch box sized trees planted at intervals of twenty (20) feet on-center along the Ball Road frontage and adjacent to the single family homes in the RS-7200 (Residential, Single-Family) Zone to the north; and (b) Ail wall and/or freestanding signs at the complex; and (c) Building light fixtures; and (d) Mechanical equipment, including roof-mounted and ground-mounted (no window-mounted equipment shall be permitted); and (e) Pedestrian gates; and (f) Perimeter fence heights, materials and locations; and (g) Driveway treatments; and (h) Detailed common recreational area amenity and improvement plans, including decorative hardscape features, community garden, fountains, patios, benches, tables, community fireplace, and/or other amenities which will promote community gathering areas within the complex. 3. That any proposed ground or roof-mounted mechanical equipment shall be subject to the applicable requirements of Anaheim Municipal Code. Said information shall be specifically shown on the plans submitted for building permits. 4. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.); and that said information shall be subject to review and approval by the - 4 - appropriate city departments. 5. (a) That the legal property owner shall enter into an unsubordinated recorded Affordable Housing Agreement with the City of Anaheim satisfactory in form and substance to the Executive Director of the Community Development Department pursuant to California Government Code Section 65915 to provide that a minimum of forty nine percent (49%) of the total proposed number of residential units shall be rented as very low income housing as defined in California Government Code Section 65915 at or below fifty percent (50%) of the Adjusted Median Income 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; and (b) That the legal owner shall also include in the agreement a provision that a minimum twenty five percent (25%) of the total number of proposed units shall be rented as lower income housing (as described in Anaheim Municipal Code Section 18.94.040 "Required Affordable Units" and 18.99.030.020.0203 "Density Bonuses and Two or More Additional Incentives") 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. Following approval by the city, the Agreement shall be recorded with the Office of the Orange County Recorder, and a copy of the recorded Agreement shall then be submitted to the Zoning Division. 6. (a) That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged sixty two (62) years or older shall reside in, or be permitted to reside, in any bachelor or one (1) bedroom unit; and (b) 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 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, - 5 - 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 the occupancy of this seniors' apartment complex shall be recorded with the Office of the Orange County Recorder by the legal owner of the property. A copy of the recorded covenant shall then be submitted to the Zoning Division. 7. That as required by the Urban Forestry Division of the Community Services Department, street trees shall be installed by the property owner within the public right-of-way adjacent to Ball Road. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division. 8. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 9. That gates shall not be installed across any driveways 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 review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 10. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 402, 436, 601, 602 and 604 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 11. That an on-site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shown on plans as required by the Department of Public Works, Streets and Sanitation Division. Said turn around area shall be suecifically shown on the plans submitted for building permits. 12. That a private water system with separate water service - 6 - for fire protection and domestic water shall be provided. Said information shall be specifically shown on the plans submitted for building permits. 13. That the developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval to determine the adequacy of the existing water system to meet the project's water requirements. 14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 16. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 17. That prior to approval of the grading plan, the developer shall submit a Water Quality Management Plan ("WQMP") specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 18. That the developer shall submit satisfactory evidence (i.e., a noise study) to the Building Division showing that the proposed senor citizens' apartment complex will conform with - 7 - Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 19. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 20. That 'obscuring' glass shall be installed and maintained in all north-facing windows on the second and third stories (facing single-family homes in the RS-7200 zone). Said information shall be specifically shown on the plans submitted for building permits. 21. 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 6, and as conditioned herein. 22. 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, 5, 6, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 20, 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. 23. That prior to final building and zoning inspections, Condition Nos. 7 and 21, above?mentioned, shall be complied with. 24. That approval of this application constitutes approval of the proposed request only to the extent that it complies with 5he 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. - 8 - 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 ~his 17th day of December, MAYOR OF THE OF ANAHEIM CIT~ CLERK~OF %~E CITY OF ANAHEIM 47741.1 - 9 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-258 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 17th day of December, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hemandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOPJCOUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~ITY CLERK OF~I:I-E CITY OF ANAHEIM (SEAL)