PC 85-259~
RESOLUTION N0. PC85-259
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSZON
THAT PETSTION FOR CONDI'PIONAL USE PERMIT N0. 2733 B£ GRANTED
WHEREAS, the Anaheim City Planning Commissi~n did receive a vec;.Eied
Petition for Conditional Use Permit from ,J. WILLLIAMS, 1030 Kemp Street,
Anaheim, California 92805, owner of certain real property situated in the City
of Anaheini, County of Or~nge, State of California, described as:
Tt1E SOUTH 28,57 FEET OF LOT 19 OF THE GRESSWELL SOBDIVISION,
THEREOF RECORDED IN BOOK 6, PAG° 47 OF t9ISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER ~JF SAID COUNTY.
LOTS THIRTEEN (13) OF THE "GRESSLVELL SUBDIVISION", AS SHOWN ON A
MAP RECORDED IN BOOK 6~ PAGE 47 OF MISCELLANEOUS MP.PS~ RECORDS
OF ORANGE COUNTY, CALIFORNIA.
SUBJECT TO RcSERVATIONS ?.ND AIGHTS 0° WAY OF RECORD.
WHEkEAS, the City Plsnning Commission did hold a public hearing at
the Civic Center in the City of Anaheim cn October 28, 1955, at 1:30 p.m.,
noti~e of said oublic hearin9 having been duly given as required by law and in
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and conside[ evidence foc and against said proposed conditional use
per.mit and to irivestigate and make findings and recommendations in connection
therewith; said public hearing having been continued to the Plan~in9
Commission meeting of December 9, 1985; and
WHEREAS, said Commission, after due inspection, investigation and
st~d_v made by itself and in its behalf, and after due consideration of all
evidence and reports offered at said hearing, does find and determine the
followin9 facts:
1. That the pcoposed use is properly one for which a conditional use
oermit is authorized by Anaheim Municipal Code Sections 18.34.050.130 and
ig,yq,p20 te wit; to permit an o-unit senior citizcns apactment complex aith
waivecs of the followin9:
(a) SECTIONS 18.39.063.021 - Minimum distance between buildings.
AND 18.94.035.0].0 (^.7 feet ceguired; 10 feet proposed)
(b) SECTION 18.94.033.031 - Minimum dimension of private iecreational-
leisure area.
(5-ft. minimum width required; 4 ft. 6
inch width proPOSed on second sto~y unit)
2. That the proposed use is hereby granted on the 'uasis that the
planning Commission does hereby find ttiat evidence was submitted which shows that
said project is reasonablY accessible to necessary services, including grocery
stores, transit stops, medical facilities and banks.
3. That the re9uested waivers are hereby granted on the basis that
there are special circumstances apnlicable to the property such as size, shape,
topography~ location and surroundings which do not apply to other identically
zoned proPerty in the same vicinity; and that s~cict application of the Zoning
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PC85-259
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Code deprives the property of privileges enjoyed by other properties in khe
identical zone and classification in the vicinity,
land uses and theagrowth andpdevelopment lof the area~inlwh hf~it ishe 'd~oining
be IocaL-ed. proposed to
5• That 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 genecal
welfare of the Citizens of the City of. Anaheim.
` conditions6.i,mposed, ife anra~~Ling of the Conditional Use Permit ~nder the
"^ safet and y' Will not be detcimental to the pear.e, health,
?.. Y general welfare of the Citizens of the City of Anaheim.
~• That the traffic generated by the propo~ed use will not impose
an undue burden upon the sLreets and highways designed and improved to carry
L-he craffic in the area.
~ 8• That no one indicated their presence at said public heating in
opposition; and that no correspondence was received in ogposition to the
subject petition.
ENVIRONMENTAL IMPACT FINDING:
Commission has reviewed the That the Anaheim City Planninq
apartment complex with waiversroposal to permit an 8-unit senior citizens
minimum area of of minimum distance between buildinus and
arcel of Private recreational-leisure area on a rectanyularly-shaped
p land consisting of approximately 0.23 acre, having a ftontage op
approximately 75 feet on the east side of Kemp Street appreximately 445 feet
north of the renterline of La Palma Avenue, and Eurtner described as 1034 and
1038 Kemp Street; and does hereby approve the Negative Declaration upon f.inding
that it has considered the Negative Declaratio~ together with any comments
received during tl~e public review process and further fin~ing on the basis of
the initial study and an~ commer.ts received that there is no substantial
evidence that the project wi11 t~a~~e a significant effect on the environment.
NOW~ THEREFORE, BE _TT RESOLVED that the Anaheim City Planning
Commission do?s hereby atant subjec~ Petition for Conditional Use Permit, upon
tt,e following conditions ~hich zre hereby found to be a necessary prerequisite
to the pcoposed use of the siibject property in oider to preserve the safety and
general welfare of the Citizens of the City of Anaheim:
1• That prior to issuance of a building permit, appropriate park and
recr~ation in-lieu fees shall be paid to the City of Ariaheim in an
amount as determined by the City Council.
2• That prior to issuance of a building permit, the appropriate traffic
signal assessment f.ee shall be paid to the City of Anaheim in an
amount as determined by the City Council for each new dwelling unit.
3• That subject property shall be served by underground utilities.
4. That prior to co~mencement of structural framing, fire hy~rants shall
be installed and charged as required and determined to be necessa:y
by tne ChieE of the Fire Department.
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PC85-259
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5. That pcior to issuance of a building permit, primary water main fees
shall be paid to the City of Anaheim, in an amount as de~ermined by
the Office of the Utilities General Manager.
6. That street lighting facilities along Kemp Street shall be installed
as r~quired by the Utilities General Manager in accordance with
specifications on file i.n the Office of iltilities General Manager, and
that security in the form of a bond, certificate of deposit, letter oE
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 building ,
permits. The above-required improvements shall be installed prior to
occupancy.
7. That trash storage areas shall be provided and maintained in
accordance with approved plans on Eile with the Street Maintenance and
Sanitation Division.
8. That all air conditioning facilities and other roof and ground moUnted
equipment shall be properly shie].ded from view, and the sound buffered
from adjacent residential properties.
9. That prior to issuance of a building permit, the developer shall enter
ir,to a recorded aareement with the City of Anaheim pursuant to Chapter
18.94.040, oertaining to required affordable units and Government Code
Section 65915 to providE that twenty-five percent (258) of the total
number of residential units shall be rented as low or moderate income
housing as defined in Governmer.c Code Section 65915 and with
aPPropriate rental controls as approved by the City of Anaheim for a
period of not less than tt;irty (3p~ yEars from the date of issuance of
occupancy permits,
10. That a covenant in a form reviewed and approved by the City Attorney
shall be recorded a
ai
t
g
ns
the property restricting the occupancy of
the units. Said covenant shall includ
t
e
he following restcicti.ons as
required by Section 18.94.039 of the ?~nah
i
e
m ~;unicipaj (;ode:
!~,
'
,, - That not more than two (2)
bF persons, at least one (1) of whom must
a senior citizen
shall
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reside in, or be permitted to reside
in, any bachelor unit or one (1) bedroom unit;
~ - That not more than three (3) persons, at least one (1? of whom
must be a senior citizen
h
~
i , s
all reside in, or be permitted to
reside in any two (2) bedroom unit;
' - That all occupants and residents of any dwellin
u
i
j g
n
t who are not
senior citizens, other than the
(
~ spouse or cohabitant of, or a
person who resides tivith and provides
i
pr
mary physical or economic
SUPport to the resident senior citi
zen, shall be at least 45 years
of age except. that temporary residency by a
e
p
rson less than 45
years of age for a cumulative perioc7 of sixty (60) d
c
l
a
ays in any
endar year shali be permitted.
~ - That the term 'cohabitant' as used in this section shall mean
person~ who live toqether as husband
d
~ an
wife.
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PC85-259
17.. '1'liat subject prooerty st,all be developed s,ibstantially .in accor.dance
with plans and specifications on file with the City of Anahein marked
6':<hibit Dlos. 1 through 4.
1?.. ThaL prior to issuance of a buil.di~zg permit, ar within a period of one
year from Che date n~ this resol.ulion, whir.hever occurs first,
Condition 11os. 1, 2, 5, 5, 9 and 10; abov~-mnntioned, shall be
complied u~ith. ~,;r_F~r.=ions for °urther time co complete said
conditions may be granted in accordance with Sectir,n .18.03,Og0 of the
Anaheim Mun.icipal Code.
^
13. Thac prior to final nuilding and zoning inspections, ,:onditzon Nos. 3,
b, 7, 5 and 11, abo~ie-mentioned, shali be complied with.
3I: IT FUR'1'HER RL•'SOLVIU Lhar the Anaheim CiL-y Flanning Commission does
hereb;~ f.i.nd ai:d deter.mine r.hat adoption of this Hesolution is expressly
~redicated upon applicant's r.ompliance with earh and a1Z of the conditions
hereinabo~e set fo:th. Should any such conditivns, or any part thereof, be
dF:,~laced invalid o: unenforcearle by the finai jcdgment cf any eourt of
ccropetent jur.isdir_Lion, then this Reselution, and rany approvals herein
contained, shat.l be deemed null and void,
TiiF F~JY,L•'GOING uESOi.U'~?OC1 is sigr.~d and approved bp~ me r_his 9th dav of
becember, 1985.
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oECRGTAI~St, Aid~1HEIM c~i2'1' ~~~AN~- j~IN~ C~it•1t4IS:?i~h
STATE OF CALI:~OIiNie', )
COUNTY Ui' ORAPIGF', ) S„
CITY OF ANAHEIM ;
j, Edith L. N.arris, Secretary of the nnah~im r;~„ .,,_,..,.__.
'~"':,;'~~`~;,, ~~ ~i.-L~oy cer;.ity thac the fcregoing r.e,olution wasf passed and
adopted at a meetin9 of the Anaheim City Planning Comrnission held on December
9, 1985, by the following vot~ of the member.s thereof:
A1ES: COM6IISSIONLPS: BOUAS, FRY, LA CLAIRE, LAWICKZ, MC BURNEY, MES'SE
:~OES: COPIMISSIqtJF,ku: HFR~ST
ABSENT: COMMISSIONEFS: NONE
IN WZTNESS WHEREOP, I nave hereunto set my hand this 9th da^ of
DecemL<^r, 1985. .
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CFIAIRIti0t4~1td, ANnHrru; c'Ii'Y PL?1*:L~I;:G COi•;[4ISSION
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SECRFiARY! ANe'+.HEIM CITY PLANNiNG COMMISSTON
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PC85-259