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90-363 RESOLUTION NO. 90R-363 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 329?. 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 an 85-unit "affordable" senior citizen's apartment complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 1: LOT 5 OF TRACT 3091, IN THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 92, PAGES 48 AND 49, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: THE EASTERLY 150.00 FEET OF LOT 7, MEASURED ALONG THE SOUTH LINE OF SAID LOT, OF TRACT NO. 3091, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 92, PAGE 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE THEREOF BEING PARALLEL WITH THAT PORTION OF THE EASTERLY LINE OF SAID LOT SHOWN AS "NORTH 00° 37' 00" EAST 150.00" ON SAID MAP. EXCEPT THE SOUTH 150.00 FEET THEREOF MEASURED ALONG THE EAST LINE OF SAID LOT; 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. PC90-193 granting Conditional Use Permit No. 3297; 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 CUP 3297 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 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. Z. 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, Conditional Use Permit No. 329? be, and the same is hereby, granted permitting an 8S-unit "affordable" senior citizen's apartment complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: CUP 3297 SECTIONS 18.34.061.010 - Minimum site area per dwelling and 18.94.031.020 unit. (1,200 sq.ft. required; 801 sq.ft. proposed) SECTIONS 18.34.063.011 - Structural setback and yard 18.34.063 requirements. (minimum 15 and 18.94.033.010 feet from Bruce Street an--d-- Roanne Avenue, and 20 feet from Gilbert Street and Ball Road required; 0 to 15 feet proposed) subject to the following conditions: 1. That a Lot Line Adjustment Plat to combine the three (3) existing lots shall be submitted to the Subdivision Section and approved by the City Engineer and then recorded in the Office of the Orange County Recorder. 2. That curbs and gutters shall be removed and/or reconstructed along Gilbert Street as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. 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 established by City Council resolution. 4. That security gates shall be installed across the entrances to both parking areas, but that said gates shall not be installed in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of the gates shall conform to Engineering Standard Plan No. 402 and shall be subject to the review and approval of the City Traffic Engineer prior to issuance of a building permit. $. That plans shall be submitted to and approved by the City Traffic Engineer indicating how the vehicular security gates and turn-around area will function. 6. That plans shall be submitted to the City Traffic Engineer for his review and approval showing conformance with the latest revision of Engineering Standard Plan Nos. 456 and 601 pertaining to parking standards. Subject property shall thereupon be developed and maintained in conformance with said plans. 7. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standards. CUP 5297 8. That street lighting facilities along Gilbert Street, Ball Road and Bruce Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of the Utilities General Manager; or that security in the form of a bond, certificate of deposit, letter of 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 a building permit. The above-required improvements shall be installed prior to occupancy. 9. That subject property shall be served by underground utilities. 10. That unless system upgrades are constructed as required by the Water Engineering Division, water service to Building No. I shall be from Ball Road or Roanne Street, water service to Building No. II shall be from Roanne Street, and ~ water service to Building No. III shall be from Gilbert Street. 11. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. 12. That any lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 13. That fire sprinklers shall be installed as required by the Fire Department. 14. That a local fire alarm system shall be installed as required by the Fire Department. Manual alarm pulls may be ~' omitted. 15. That trash storage areas shall be provided and maintained in a location acceptable to the Street Maintenance and Sanitation Division and in accordance with approved plans on file with said division. Such information shall be specifically shown on the plans submitted for building permits. 16. That a fee for street tree purposes shall be paid to the City of Anaheim based on the length of street frontages along Gilbert Stree't, Ball Road, Roanne Street and Bruce Street in an amount as established by City Council resolution. CUP 3297 17. 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 established by City Council resolution. 18. That the water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division in either (a) underground vaults or (b) behind the street setback area in a manner fully screened from all public streets and alleys. 19. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. 20. That prior to issuance of a building permit, satisfactory evidence shall be presented to the Building Division showing 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. 21. That a six (6)-foot high combination masonry block and decorative wrought iron wall shall be constructed and maintained along all interior property lines property lines; provided, however, that the City Traffic Engineer shall have the authority to reduce the height of the wall to protect visual lines-of-sight where pedestrian/vehicular circulation intersects. The block wall portion shall be planted and maintained with clinging vines to eliminate graffiti opportunities. The design for said wall shall be specifically shown on the plans submitted for building permits. 22. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 23. That prior to issuance of a building permit, the legal property owner shall enter into an unsubordinated recorded agreement with the City of Anaheim pursuant to California Government Code Section 65915 to provide 'that twenty five (25%) of the Code-permitted number of residential units shall be rented as very low income housing as defined in California 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 legal owner shall also include in the agreement a provision that twenty-five percent [25%) of the total number of proposed senior citizens' apartment units -5- CUP 3297 shall be rented as lower income housing (as described in Anaheim Municipal Code Section 18.94.040) with appropriate rental controls as approved by the City of Anaheim for a period of not less than thirty (50) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall then be submitted to the Zoning Division. (This condition may be modified by the Housing Division of the Community Development Department.) 24. That 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 not more than three (5) 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 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. That elevators shall be constructed and maintained for the 5-story buildings (Buildings I and II) so that each dwelling unit entrance is within one hundred fifty (1S0) of an elevator. Each elevator shall comply with the State of California Fire Life Safety Regulations. 26. That the owner of subject property shall submit a letter requesting termination of Variance No. 1887 and Conditional Use Permit No. 1770 to the Zoning Division. 27. 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. 1 through 7. 28. 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, 5, 4, 5, 6, 8, 15, 16, 17, 19, 20, 21, 25, 24 and 26, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. -6- CUP 5297 29. That prior to final building and zoning inspections, Condition Nos. 2, 7, 8, 9, 10, 12, 13, 14, 18, 21, 2S and 27, above-mentioned, shall be complied with. 30. 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 £indings as to compliance or approval of the request regarding any other applicable ordinance, regulation 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 18th day of September, 1990. JLW:kh 3909L 091990 -7- CUP 5297 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-363 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 18th day of September, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Daly, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-363 on the 25th day of September, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of September, 1990. (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-363, duly passed and adopted by the Anaheim City Council on September 18, 1990. CITY CLERK OF THE CITY OF ANAHEIM