PC 85-215RESULJTION t70. PC85-215
A RESOLUTION OF 'PHE ANAHEIM CITY YLANNTNC C014MISSION
THA'T PETITION FOR CONDITIONAL USE PERMIT NO. 2718 BE GRANiED
WHtREAS, the Anaheim Citv Planning Comrtiission did receive a verified
Petition for Conditional U3e Permit frora PAC6:;eTTER FIOFIES, INC., 4540 Campus
Lcive, Newpoct Beach, Califotnia 92660, ATTN: MiCHAEL T. RAPHAEL, owneL of
certain ceal pcoperty situated in the City of Anaheim, County oE Orange. State
of California, described as Loliows:
LUT 2 OF TRnCT N0. 11426, IN THE CITY OF ANAHEIhI, AS SNOWN OF A
MAP THEREOF RECOP.DED I~ BOOK 511, PAGES 32 TO 34 INCLUSIVE~
MISCELLANEOUS MAPS, IN THE OfFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUt7TY.
WHER~AS, the City Planning Commission did hold a public hearing at
the Civic Centec in the CiLy of Anaheim on September 30, 1985 at 1:30 p.m.,
notice cf said public hearing having been duly given as cequired by law and in
accocdance with the pcovisions of the Anaheim Municipal Code. Chapter 18.03,
to hear and consider evidence Eor and against said proposed reclassification
and to investigate and make findings and recomm~ndations in connectio~i
therewith; and
WfIEREAS, said Commission, after due inspection, investigation and
study «~~de by itse2f and in i:s behalf, end after due consideration of all
evidence and re.~orts offered at said hearing, does f.ind and determine the
folluwing :acts:
1. That tne proposed use is pccperly one for which a conditional
use permit is authori2ed by Anaheim Ptunicipal Code Sections 18.34.050.130 and
1g,y4.U2U to wit: to permit an 82-unit senioc citizens' apartment project with
waiver of:
SECiIOd 18.94.033.U32 - Requi[ed site screening.
np~~ lq,y4,q37.(I10 (6-foot hiqh masonzy wall adjacent to
northerly and southerly property lines,
and alley required; wood and wrouaht-icon
fences pcoposed)
2. That the reyuested waiver is hereby gcanted on the basis that
there are special circumstances applicable to the property such a~ size,
shape~ topography, location and surroundir.gs which do r.ut apply to other
identically zoned p[operty in the same vicinity; and that strict application
of the Zoning Cod? deprives the property of privileges enjoyed by other
pr~perties in the identical zone and classification •.n the vicinity; provided,
however, that the fencing along the northetly p~opecty line shall consist of
wrought iron (replacing the existing wooden fence) as stipulated to by the
petitianer at the public hearing.
3. That the proposed use will not advecsely affect the adjoining
land uses and che yroWth and uevelopment of the acea in which it is proposed
to be located.
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4. That the size and shape oP the site proposed for the use is
adeguate ta allow the full .development of t'r.e proposed use in a manner not
detrimental to the particular area nor to tye peace, health, safety and
general welface of. the Citi.rens of the City of :~naheim.
5. That the granting of the Conditional Use Permit under the
conditions imposed, i£ any, will not be del-rimental to the peace, health,
saPety and general welfare of the Citizens of the City of Anaheim.
6. That the traffic generated by the proposed use will not impose
an undue burden upon the streets and highways designed and impr~ved to carry
the tcaffic ir: the area.
7. That one person indicated his presenca at said public hearing in
epposition and one interested person indicz~ted his presence at said public
hearing; and that no correspondence was received in opposition to the subject
petition.
ENVIRONMENTAL IMPACT FINDING: That the Anaheim City Planning
Commission has reviewed the addendum to Environmental Impact Report No. 248
which was certiEied by the City Counci.l on March 16, 1982, in connection with
Reclassification No. 81-82-17, Condit:onal Use Permit t7o. 2312 and Tentative
Tract No. 11426 (to permit a 2-lot 97-unit condominium subdivision on the
f~rmer Fremont Junior High School site); and, therefore, does recommend to the
City Council that they approve L-t~e addendum to EIR No. 248 on the basis that
it is in compliance with the California Envirnnmentul Quality Act and with
City Guidelines.
NOW, THLREFORE, BE ZT RESOLVFD that Lhe Anaheim City Planning
Commission does hereby grant subject Petiti.on for Conditional Use Permit, upon
the following conditions which are heceby found to be a necessary prerequisite
to tt~e proposed use oE the subject property in oc,;er to preserve the safety
an~ genecai welfare of l-he Cil•izens of the City of Anaheim:
1. That a,nodifie@ cul-de-sac shall be provided at the westerly
terminu~ of Chestnut Street adjacent to the casterly property line
of subject property in a manner satisfactory to the City Engineer.
2. That prior to commencement of structural framin9, fire hydrants
shall be installed and charged as required and determined to be
necessary by the Chief of the Fire DepartmenL-.
3. That prior to issuance of building permits, the applicant shall
present evidence satisfactory to the Chief Buildi.ng 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 Administrata.ve
Code, Title 25.
4. That trash storage areas shall be provided and msintained in
accordance with approved plans on file with the Street Maintenance
and Sanitation Division.
5. Tnat subject property shall be ser,ea by underground utilities.
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6. Tha: drainage of s~~bject property shall be disposed of in a manner
satistactor~• 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 detecmined by the City Council.
8. That the existing public sanitary sewec on site shall be relocated,
protected or reconstructed as approved by the Street Maintenance and
Sanitation Supecintendent.
9. That the existing public sanitary sewer easement shall be widened as
required by the Street Maintenance ar.d 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 am~unt as
determined by the City Council.
11. That pcior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an
arnount 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 adveraely 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.
13. That all driveways shall be reconstructed to accommodate ten (10) foot
ra~ius curb returns as required by the City Traffic Engineer.
14. That all air conditioning facilities and other roof and ground mounted
equipment shall u2 properly shielded from view, and the sound buffered
from adjacent residential propecties.
15. That prior to issuance of a building permit, the deve].oper shall enter
iatc a recurdeu ayceement with the City of Anaheim pursuant to Anaheim
Municipal Code Section No. 18.94.040 to provide that twenty-five
percent (258) of the permitted number of residential units shal?. be
rented as low or moderate income housing as defir~ed in Government Code
Section 65915 and with appropriate cental 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 covenanl• in a fotm reviewed and approved by the City Attorney
shall be recorded against the property restricting the occupancy of
the unzts. Said covenant shall include the following restrictions as
required by Section 18.99.039 of the Anaheim Municipal Code:
a. That not more than two (2) persons, at least one (1) of whom must
be a senior citizen, shall reside in, or be Yecmitted 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, shall reside in, or be permitted to
reside in any two (2) bedroom unit;
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c. That all occupants and residents of any dwellir,g unit who are
noL• senior citizens, other than the spouse or ~ohabitant of, or
a person who resides with and pcovides primary physical or
economic support to, the resident senior ci'_izen, shall be at
least 45 years oE age except that temporsry residency by a
person less tha~i 45 years of age for a curnulative period of
sixty (60) days in any calendar year shall re permitted.
d. That the term 'cohabitant' as used in this section shall mean
persons who live toyether as husband and wife.
17. That this Conditi.onal Use Permit is granted ~ubject to tt~~ adoption
of the Zuning Ordinance in connection with Reclassification No.
IIS-~6-1, now pending.
18. That subject prooerty shall be deve:oped sub;:tantially in accordance
with plans and specifications on file with the city of Anaheim
marked Exhibit Nos. 1 through 6.
15. 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~ I1~ 12~ 14~ 15~ 16 and 17~
abcve-mentioned, shall be complied with. Extensions for further
time to complete said conditions may b~ granted in accordance with
Section 18.U3.0~0 of the Anaheim Municipal Code.
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2U. That prior to final building and zoning inapections, Condition Nos.
1, 4, 5, 6, 8, 12, 13, .ld and 18, above-mertioned, shall be complied
with.
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BE IT FURTHER RLSOLVED that the Anaheim City Planning Commission
does hereby find and uet=r.~ine 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 condition~e, or any part thereof, be
declared invalid o: unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein
contained, st,all be deemed null and void.
i'iib 'rUk~;GU1NG ktsuLU'PION is aigned and approved by me this 30th day
of September, 1985.
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- ~'/cG~L(~,,..c_ ~i1 0. Cf'~~uc-cJ
CHAIR4JOMAN~ ANI~HEIM CITY PLANNING COMMISSION
ATTES2':
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/O'{~ i~
SECRETARY~ ANAHEIM CITY PLANNING COMMISSION
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PC85-215
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S:"ATE OF CALIFORNIA )
COUNTY OF ORANGE ) Ss,
CZTY OF ANAHEIM )
I, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution was passed and
adopted at a meeting of the Anaheim City Planning Commission hel~7 on September
ry 30, 1985, by the Eollowing vote of tl~e members L-hereof:
_ AYE::: COMMISSIONERS: BOUAS~ LA CLAIRE, LAWICKI~ MC BURDIEY~ MESSE
NUES: CUMMISSIONERS: FRY~ HERBST
ABSENT: CObIMISSIONERS: NOPJE
IN WITN55S WHEREOF, I have hereunto set my hand this 30th day of
September, 1985.
. L ~ .
SF.CRETARY~ ANAHEIM CITY PLAN ING COMMZSSION
e
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