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87-544 RESOLUTION NO. 87R-544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2961. 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 B. W. WALTERS AND MARCELLA V. WALTERS, 1118 Highland Drive, Newport Beach, CA 92660 and RANDEL J. MARTIN, 2003 W. Broadway, Anaheim, CA 92804, owner and MAGDY HANNA, ANDREW HOMES, INC., 4000 MacArthur Blvd., #680, Newport Beach, CA 92660, agent, upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 57, PAGE 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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. PC87-237 granting Conditional Use Permit No. 2961; 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: Tr ,.,... T"q, 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 granted said conditional use permit be, and the same is hereby, affirmed and that Conditional Use Permit No. 2961 be, and the same is hereby, granted permitting an 80-unit "affordable" senior citizens apartment complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: AND 18.94.031.020 - Minimum building site area per dwellIng unIt. l1200 square-feet required; 723 square feet proposed) SECTIONS 18.34.061.010 -2- ,., .. T- subject to the following conditions: "I"f 1. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 2 . That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 3 . That prior to issuance of a building permit, the appropriate fees due for primary, secondary and fire protection shall be paid to the Water Utility Division by the owner/developer in accordance with Rules l5A and 20 of the Water Utility Rates, Rules and Regulations. 4 . 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 shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer. 5 . That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 6. 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. 7 . 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. 8. That in the event a parcel map is not recorded combining the 2 existing lots, the property owner/developer shall furnish the Zoning Division a recorded covenant and agreement in a form approved by the City Attorney agreeing to hold subject property as one parcel. 9. That subject property shall be served by underground utilities. 10. 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- ~. 'W" .<> 11. 12. 13. 14. 15. 16. 17. '11 That if required by the Fire and Police Department, all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the Chief of Police and the City Fire Marshall. That fire sprinklers shall be installed as required by the City Fire Marshall. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. That prior to issuance of a building permit, the applicant shall present evidence satisfactory to the Building Division 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. That a six (6)-foot high masonry block wall shall be constructed and maintained along all interior property lines excepting the front setback where the wall height shall be three (3) feet. That prior to issuance of a building permit, the developer shall enter into a recorded agreement with the City of Anaheim pursuant to Government Code Section 65915 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. In addition, the developer shall also include in the agreement to provide that twenty-five percent (25%) of the total number of proposed units shall be rented as lower income housing Cas described in Zoning 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. There will be a total of thirty-two affordable units for a period of thirty (30) years from the date of issuance of occupance permits. That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged 62 years or older, shall reside in, or be permitted to reside in any bachelor unit or one (1) bedroom unit; and that not more than three (3) -4- ... T 18. 19. 20. 21. 22 . 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 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; 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 submitted to the Zoning Division. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit Nos. 1354 and 1435 to the Zoning Division. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2, provided, however, that each unit shall have access via at least one (1) elevator. 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, 6, 7, 8, 14, 16, 17, and 18, 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. That prior to final building and zoning inspections, Condition Nos. 1,2, 5,9, 11, 12, 13, 15, and 19, above-mentioned, shall be complied with. 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 regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, requ1ation 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. "'IT -5- -..,.. r'o THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 29th day of December, 1987. ~ MAYO OF T ATTEST: ~ }/ . - ,._~~~ Ii "=:'TA/ CITY CLERK OF THE CITY~F ANA~EIM BG / j b 2217L 011388 "It -6- TY OF ANAHEIM '~., T (~i,EKK STAL't: OF CALIFORNIA UJUiHY OF ORA!\fGE CU'l OF ru'{AHEltvl ) ) ) ss. 1 ,H)¡WRA N. SOHL, City Clerk. of tIle City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-544 was introduced and adopted at a regular meet.Lng provided by law, of the City Council of the City of Anaheim held on tne 2Yt¡1 day of December, 1987, by tIle following vote of the members thereof: AiLS: COuNCIL !1EHB ~RS: Ehrle, Hunter, Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: None ABSt.Nl': COuNCIL ¡{EMBERS: None AND .I Fúi{THER certify that the \layor of tile City of Anaheim signed said ~esolution No. 87R-544 on the 2Yth day of December, 1987. u~ \~ Ji'NESS WHER£OF, I twve llereunto :;et my hand and affixed the seal of the CLLy of Anaheim trÜs 29th day of December, 1987. '~A-.?t~ CITY CLERK OF THE CITY OF ANAHEIM (S r~A~; 1, LEO!'WRA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that Lhe foregoing is the original of Resolution No. 87R-544 duly passed and adopted by the Anatleim City Council on December 29, 1987. '--'- ,.._/ / -).. ,; ~ ~PL l mm- (~ITY CLERK OF THE CITY OF ANAHEI '.. T ""II"