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2003-073 RESOLUTION NO. 2003R-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2003-04661. 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 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: THE EAST 152 FEET OF THE SOUTH 78 FEET OF THE NORTH 1092 FEET OF THE EAST 20 ACRES OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; 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 repons offered at said hearing, did adopt its Resolution No. PC2003-44 granting Conditional Use Permit No. 2003-04661; 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. - 1 - 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. 2003-04661 be, and the same is hereby, granted permitting a 9-unit '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: Section 18.34.063.010.011 18.94.033.010 Minimum landscape setback abutting an and arterial highway. (20-foot wide fully landscaped setback required adjacent to a Collector Street; 17 feet proposed adjacent to Gilbert Street) Sections 18.34.063.020.021 18.34.063.020.022 18.34.063.020.023 Minimum structural setback. (10 to 11 foot wide setback required adjacent to the north, west and south interior property lines; - 2 - and 18.94.033.010 4 to 5 feet proposed) subject to the following conditions: 1. That the design modifications outlined by the Community Development Department's Architectural consultant shall be specifically incorporated into the plans submitted for building permits. Said modifications shall be reviewed and approved by Zoning staff, and shall include the following: Provide enriched/enhanced paving at the main entrance. Add windows to bathrooms for natural ventilation. Incorporate more wood sheathing on the building, as opposed to portions of the second floor only as proposed. Provide landscaping in front of the building elevation and carports to soften the front of the units. Provide landscape screening of the existing commercial building to the west to buffer the patios and balconies. Any decision by staff regarding said plans may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 2. That development of this site shall include the installation of two (2), twenty four (24) inch box sized, trees, one (1) on each side of the driveway. If tree wells are used, the tree well size shall be five (5) feet by five (5) feet, and if a parkway with turf is installed, it shall have a minimum width of five (5) feet. The trees shall be irrigated by an automatic irrigation system. Said information shall be specifically shown on the plans submitted for building permits. 3. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 4. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 5. 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 for existing and proposed devices (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 6. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. - 3 - 7. That gates shall not be retained or installed across any 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 by the City Traffic and Transportation Manager. 8. 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. 9. That the driveway along Gilbert Street shall be constructed with ten (10) foot radius curb returns in accordance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 10. 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 areas 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. 11. 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. 12. That the developer shall submit satisfactory evidence (a noise study) to the Building Division showing that the senior citizens' apartment complex is in conformance with Council Policy No. 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in Title 25 of the California Administrative Code. 13. That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be specifically shown on the plans submitted for building permits. 14. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire line. 15. That all requests for new water service or fire lines, as well as any modifications, relocations or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. - 4 - 16. That prior to applying for water meters, fire lines or submitting the water improvement plans for approval, the developer shall submit to the Water Engineering Division of the Public Utilities Department an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be completed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 17. 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 be recorded in the Office of the Orange County Recorder. 18. That prior to grading plan approval, the developer shall submit a Water Quality Management Plan ("WQMP") specifically identifying the post construction 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. 19. 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 areas 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. In the event that the trash collection method to be utilized indicates that the proposed location would require a recorded agreement for trash collection access on the adjacent commercial center property to the south, said agreement shall be approved by the Public Works Department, Streets and Sanitation Division, and recorded in the Office of the Orange County Recorder prior to issuance of building permits. 20. That the legal property owner shall enter into an unsubordinated, recorded Affordable Housing Agreement (the "Agreement") in a form satisfactory to the Executive Director of the Community Development Department. Such Agreement with the City of Anaheim shall comply with California Government Code Section 65915, and Chapters 18.94 (Criteria and Standards for Senior Citizens' Apartment Projects) and 18.99 (Density Bonus) of the Anaheim Municipal Code. The Agreement shall require the following minimum affordability for this Seniors Housing Project: (a) Pursuant to Chapter 18.99, twenty five percent (25%) of the total units constructed (two (2) units) shall be designated as Affordable Units for very, very low-income households with monthly rents at one twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) of Orange County median-income, and twenty four percent (24%) of the total units constructed (two (2) units) shall be designated as Affordable Units for very low-income households with monthly rents at one twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Orange County - S - median-income, to comply with the Senior Citizens' Apartment Ordinance. Rents shall be calculated based on a two (2) person household size for a one (1) bedroom unit. (b) Pursuant to Chapter 18.94, twelve percent (12%) of the total permitted units (one (1) unit) shall be designated as an Affordable Unit for very, very low-income households with monthly rents at one twelfth (1/12) of thirty percent (30%) of thirty five percent (35%) percent of Orange County median-income, based on a two (2) person family size for one (1) bedroom units to comply with the City Density Bonus Ordinance. The number of affordable units are set in the following table: 2002 Affordable Units Schedule Number of Units Median Income 3 35% (VVL) 2 50% (VL) 4 Unrestricted Total Units: 9 Such Agreement shall include appropriate rental controls as specified by the City, and the duration of the Agreement shall be for a period of thirty (30) years. If public financing is secured and such financing requires a greater level of affordability (i.e., additional units) and a longer affordability term, it shall be enforced. The total number of manager units permitted for the subject Senior Citizens' Apartments shall be subject to review and approval by the Executive Director of Community Development. The Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units. The Developer shall agree to comply with all reporting requirements under the Affordable Housing Development program. After the Agreement has been recorded, copies shall be provided to the Zoning Division and the Community Development Department. Pursuant to Chapter 18.94 of the Anaheim Municipal Code and Section 51.3 of the Civil Code of the State of California 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 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. 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. I through 3, and as conditioned herein. - 6 - 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, 4, 5, 7, 8, 9, 10, 11, 12, 13, 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. 21 and 25, herein?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 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. 25. That the three (3) foot block wall on the adjacent property to the north containing an identical senior citizens' apartment complex (also owned by the applicant) shall be removed in order to provide a continuous landscaping setback, as stipulated by the applicant at the March 10, 2003 public hearing. 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 29th day of April, 200~~ MAYOR~T~OF CITY OF ANAHEIM ATTEST: i ITY ClERK'OF THE CITY OF ANAHEIM 49350.1 - 7 - 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. 2003R-73 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 29th day of April, 2003, by the following vote of the members thereof: AYES: NOES: ABSTAINED: ABSENT: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None MAYOR/COUNCIL MEMBERS: None CITY CLERK OF ~HE CITY OF ANAHEIM (SEAL)