86R-068
RESOLUTION NO. 86R-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 2726 (READVERTISED).
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 Hunicipal Code
from CALIFORNIA LUTHERAN HOMES, 2312 South Fremont, Alhambra,
California 91803, owner, and ED STRUTHERS, 721 North Euclid, #307,
Anaheim, California 92801 and T.A. JONES & ASSOCIATES, 485 East
J7th Street, #608, Costa Mesa, California 92627, agents upon
certain real property located within the City of Anaheim, County
of Orange, State of California, legally described as:
ALL OF LOTS 17, 18 AND THAT PORTION OF LOT 19 OF
ANAHEIM INVESTMENT COMPANY'S TRACT, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 7, PAGES 33 AND 34 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER OF BALL ROAD
DISTANT THEREON NORTH 890 37' 29" EAST 260.00 FEET
FROM THE INTERSECTION OF SAID CENTER LINE WITH THE
SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF LOT 22
OF TRACT NO. 1421, AS SHO\vN ON A MAP RECORDED IN BOCK
62 PAGES 13 TO 16 INCLUSIVE OF SAID MISCELLANEOUS
MAPS; THENCE NORTH 00 18' 02" WEST 671.28 FEET TO A
POINT IN THE NORTH LINE OF SAID LOT 19 DISTANT NORTH
890 35' 11" EAST 257.50 FEET FROM THE INTERSECTION OF
SAID NORTH LINE WITH THE EAST LINE OF LOT 32 OF SAID
TRACT NO. 1421; THENCE SOUTH 890 35' 11" EAST 745.53
FEET, ALONG THE NORTH LINE OF SAID LOTS 19, 18 AND 17
TO THE NORTHEAST CORNER OF SAID WALNUT STREET, AS
SHOWN ON SAID MAP; THENCE SOUTH 00 19' 18" EAST 671.77
FEET ALONG THE EAST LINE OF SAID LOT 17, TO THE
SOUTHEAST CORNER OF SAID LOT 17, SAID SOUTHEAST CORNER
BEING THE INTERSECTION OF THE CENTER LINES OF WALNUT
STREET AND BALL ROAD AS SHOWN ON SAID MAP; THENCE
SOUTH 890 37' 29" WEST 745.77 FEET ALONG SAID CENTER
LINE OF BALL ROAD 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. PC86-20 granting
Conditional Use Permit No. 2726; 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
WHFREAS, 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:
1. The proposed use is properly one for which a conditional
use perwit is authorized by tIle 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 tIle 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 zcning code deprives the
property of privileges enjoyed by other property under identical
zoning classification in the vicinity.
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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. 2726 be, and the same is hereby,
granted permitting a l34-unit senior citizen's "affordable"
apartment complex on the hereinabove described real property with
a waiver of the following provisions of the Anaheim Municipal
Cod e :
SECTIONS 18.34.061.010
AND 18.94.031.020
Minimum building site
area per dwelling unit.
(1,200 square feet re-
quired; 684 square feet
proposed)
SECTION 18.94.032.010
Maximum structural
height. (7 feet permit-
ted at a IS-foot setback
from single-family resi-
dential zoning; IS feet
proposed)
subject to the following conditions:
1. That prior to issuance of a building permit,
appropriate park and recreation in-lieu fees shall be paid to
tpe City of Anaheim in an amount as detern:ined by the City
Council.
2. 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
for each new dwelling unit.
3. That all driveways shall be constructed and
reconstructed to accommodate ten (10) foot radius curb returns
as required by the City Traffic Engineer.
4. That drainage of subject property shall be disposed of
In a wannpr satisfactory to the City Engineer.
5. That subject property shall be served by underground
utilities.
6. 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.
7. That trash storage areas shall be provided and
maintained in accordance with approved plans on file with the
Street Maintenance and Sanitation Division.
8. That fire sprinklers shall be installed as required by
the City Fire Marshal.
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9. That in the event a parcel map is recorded on subject
property, a reciprocal access and parking agreement, in a form
satisfactory to the City Attorney, shall be recorded with the
Office of the Orange County Recorder. A copy of the recorded
agreement shall then be submitted to the Planning Department.
10. That the existing most easterly driveway on Ball Road
sball be removed and replaced with a standard curb, gutter,
sidewalk and landscaping.
11. That all remaining or proposed driveways on Ball Road
shall be reconstructed/constructed to provide a minimum width of
25 feet.
12. That the proposed parking structure design shall
conform to Engineering Standard Plan No. 402 pertaining to
standard details for parking structures.
13. That this Conditional Use Permit is granted subject to
tne adoption of the Zoning Ordinance in connection with
Reclassification No. 85-86-15, now pending.
14. That gates shall not be installed across any driveway
in a manner which may adversely 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.
15. That all air conditioning facilities and other roof
and ground mounted equipment shall be properly shielded from
view, and the sound buffered frorr adjacent residential
properties.
16. That prior to issuance of a building permit, the
developer shall enter into a recorded agreement with the City of
Anaheim pursuant to Chapter 18.94.040, pertaining to required
affordable units. Government Code Section 65915 to provide that
fifty percent (50%) of the total 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.
17. That a covenant in a form reviewed and approved by the
City Attorney shall be recorded against the property restricting
the occupancy of the units. Said covenant shall include the
following restrictions as required by Section 18.94.039 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
permitted to reside in, any bachelor unit or one (1) bedroom
unit;
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b) That not more than three (3) persons, at least
cne (1) of whom must a senior citizen, shall reside in, or be
permitted to reside in any two (2) bedroom unit;
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,
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.
d) That the term 'cohabitant' as used in this
section shall mean persons who live together as husband and wife.
18. That prior to issuance of building permits, the
applicant shall present evidence satisfactory to the Chief
Building Inspector that tne proposed project is in conformance
with Council Policy Number 542 "Sound Attenuation in Residential
Projects" and ,~ith Noise Insulation Standards specified in the
California Administrative Code, Title 25.
19. That subject property shall be developed substantially
in accordance with plans and specifications on file with the
City of Anaheim marked Revision No. 2 of Exhibit Nos. 1 through
~ .
20. 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. 1, 2,12,13,16,17 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.
21. That prior to final building and zoning inspections,
Condition Nos. 3, 4, 5, 7, 8, 10, 11, 14, 15 and 19,
above-mentioned, shall be complied with.
BE IT FURTHER RESOLVED that the City Council does
hereby find and deterffiine 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.
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THE FOREGOING RESOLUTION is approved and adopted by
the City Council of the City of Anaheim this 18th day of
February, 1986.
ATTES~",,-- 7e S-~
CITY CLERK OF THE CITY OF ANAHEIM
JW F : f m
4887H
031086
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CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SSe
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-68 was introduced and adopted at a special
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of February, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES:
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-68 on the 18th day of February, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of February, 1986.
~~~~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 86R-68 duly passed and adopted
by the Anaheim City Council on February 18, 1986.
~a :? ~~
CITY CLERK