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1985-070RESOLUTION NO. 85R-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2631. 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 PACESETTER HOMES, INC., owner, and CALMARK DEVELOPMENT CORPORATION, agent, to permit a 196-unit senior citizens' apartment complex upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: BEING A PORTION OF VINYARD LOT F-6, AS SHOWN ON A MAP OF THE LANDS OF ANAHEIM, MADE BY GEORGE HANSEN AND LITHOGRAPHED BY KUCHEL AND DRESSEL, A COPY OF WHICH MAP IS ANNEXED TO A CERTAIN DEED EXECUTED BY THE LOS ANGELES VINYARD SOCIETY TO THE ANAHEIM WATER COMPANY, AND RECORDED IN BOOK 4, PAGE 624 AND FOLLOWING OF DEEDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: THE WESTERLY :562.58 FEET, MORE OR LESS, OF SAID VINYARD LOT F-6. EXCEPTING THEREFROM, THE NORTHERLY 382.75 FEET; 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. PC84-233 granting Conditional Use Permit No. 2631; 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: 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 adjoin- ing 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 18.06.080 of the Anaheim Municipal Code are present and that said waiver(s) should be granted, for the following reasons: 1. The variance(s) will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance(s) under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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. 2631 be, and the same is hereby, granted permitting a 196-unit senior citizens' apartment complex on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: SECTIONS 18.06.050.013 - AND 18.34.066.010 Required type of parking spaces. (159 covered spaces required; 179 open spaces proposed) -2- subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 32 feet in width from the centerline of the street along Citron Street for street widening purposes, including a 15 foot property line return at Santa Ana Street. 2. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 3. That subject property shall be served by underground utilities. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. 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. 6. That prior to final building and zoning inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 7. That P.C.C. sidewalks shall be constructed to join public sidewalks on one side of each of the two vehicular entrances on Citron Street and on both sides of the vehicular entrance on Santa Ana Street. 8. That the owner of subject property shall pay to the City of Anaheim a fee for street lighting along Citron Street in an amount as determined by the City Council. 9. That street lighting facilities along Santa Ana Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and 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. -3- 10. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Santa Ana Street and Citron Street in an amount as determined by the City Council. '"` 11. 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. 12. That prior to final building and zoning inspections, the owner(s) of subject property shall reconstruct the existing traffic signal at Broadway and Citron Street to the satisfaction of the City Traffic Engineer. Reconstruction of said signal shall be in-lieu of payment of the traffic signal assessment fee otherwise due in connection with issuance of building permits for the proposal. 13. 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 within a distance of forty (40) feet from said public street rights-of-way shall be subject to the review and approval of the City Traffic Engineer. 14. That all driveways shall be designed to accommodate ten (10) foot radius curb returns as required by the City Traffic Engineer. 15. That all lockable pedestrian and vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the City Fire Marshall and the City Chief of Police. 16. That fire sprinklers shall be installed as required by the City Fire Marshall. 17. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent properties. 18. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the residential units will be in conformance with Noise Insulation Standards specified in the California Administrative Code, Title 25. 19. That prior to issuance of building permits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects". -4- 20. That a 6-foot high masonry block wall shall be constructed and maintained along the east property line. 21. That, to the extent permitted by law, the tenancy of each unit of subject facility shall be restricted to persons at least one (1) of whom in each unit is fifty-five (55) years of age or older; 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 presented to the Planning Department. 22. That prior to issuance of a building permit, the developer shall enter into a recorded agreement with the City of Anaheim to provide that twenty-five percent (25$) of the permitted number of residential units shall be rented as low or moderate income housing and with appropriate rental controls as approved by the City of Anaheim for a period of at least twenty (20) years. 23. That the owner of subject property shall submit a letter requesting termination of Tentative Tract 11425, Reclassification No. 81-82-16 and Conditional Use Permit No. 2311 to the Planning Department. 24. That prior to the issuance of a building permit, the Police Department Heliport shall be relocated and operational and the developer shall pay all costs for relocation of the Heliport consisting of, but not necessarily limited to such items as environmental assessment as required by C.E.Q.A; any state, federal or other government agency permits; land acquisition costs; building construction costs including construction of a landing pad and hangar and installation of fuel tanks; and other necessary site improvement costs. 25. That prior to issuance of a building permit, the heliport permit for the relocation of the Police Department Heliport, the cost of which shall be borne by the developer, shall be issued by the California Department of Transportation, Division of Aeronautics. 26. That prior to the start of any construction activities including grading or delivery of building materials, the developer shall obtain the Police Department's concurrence with the phasing of construction activities. Said construction activities shall be coordinated with the Police Department helicopter flights. -5- 27. That prior to issuance of a building permit, a parcel map to record the division of the former Fremont Junior High School playfield site into two (2) parcels shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 28. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 2 through 5 and Revision No. 1 of Exhibit No. 1. 29. 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, 8, 9, 10, 11, 18, 19, 21, 22, 23, 24, 25 and 27, 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. 30. That prior to final building and zoning inspections, Condition Nos. 2, 3, 4, 6, 7, 12, 13, 14, 15, 16, 17, 20 and 28, above-mentioned, shall be complied with. 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 5t day of February, 1985. i~" < MA OR OF THE CITY O ANAHE M ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:pm 2504U -6- 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. 85R-70 was introduced and adopted at a regular ,..,,,~ meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of February, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-70 on the 5th day of February, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of February, 1985. if i~/ CITY CLERK Ox THE CITY OF ANAHE (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-70 duly passed and adopted by the Anaheim City Council on February 5, 1985. CIT CLERK