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91-149 RESOLUTION NO. 91~-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 3390. 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 a 9-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: THE NORTH 78 FEET OF THE EAST 152.5 FEET OF THE SOUTH 312 FEET OF THE NORTH 1014 FEET OF THE EAST ONE-HALF OF THE EAST 20 ACRES OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 7, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. & M.; 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. PC91-40 granting Conditional Use Permit No. 3390; 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 consideration 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. CUP 3390 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. 2. 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. 3390 be, and the same is hereby, granted permitting a 9-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: Sections 18.31.061.010 - Minimum building site area per dwellinq and 18.94.031.020 unit. (1,200 s~. ft. required; 1,040 sq. ft. proposed) Sections 18.34.062.012 - Maximum structural height. and 18.94.032.010 (2.5 and 5 feet permitted when located ~ and 10 feet from RS-A-43,000 zoning; 20 and 27 feet proposed). Sections 18.34.063.011 - Minimum structural setback from street. and 18.94.033.010 (20 feet required; 15 feet proposed for a parking space) CUP 3390 Sections 18.32.061.010 - Minimum setback to single family and 18.94.033.010 residential zone. (20 feet required; 10 feet proposed to RS- A-43,000 zoning) subject to the following conditions: 1. 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 No. 90R-198. 2. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic Engineer to determine lines-of-site prior to issuance of a building permit. 3. 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. 436 and 601 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 4. That the driveway on Gilbert Street shall be constructed with ten (10) foot radius curb returns, as required by the city Engineer in conformance with Engineering Standards. 5. That prior to issuance of a building permit, the appropriate fees due to primary water mains and fire protection service shall be paid to the Water Engineering Division in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 6. That street lighting facilities along Gilbert 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. 7. That subject proposal shall be served by underground utilities. CUP 3390 - 3 - 8. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. 9. That fire sprinklers shall be installed as required by the Fire Department. 10. That all lockable pedestrian and/or vehicular access gates shall be equipped with "knox box" devices as required and approved by the Fire Department. 11. 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, and as shown on Revision No. 1 (the overlay) presented to the Planning Commission at the public hearing. 12. That a fee for street tree purposes shall be paid to the City of Anaheim base length of street frontage along Gilbert Street in an amount as established by City Council resolution. 13. 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. 14. 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. 15. 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. 16. 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. 17. That a six (6)-foot high masonry block wall shall be constructed and maintained along the interior property lines excepting the front setback where the wall height shall not exceed three (3) feet; 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 and/or vehicular circulation intersect. CUP 3390 - 4 - 18. That a local fire alarm system shall be installed as required by the Fire Department. Manual alarm pulls may be omitted. 19. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 20. 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 twelve percent (12%) 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 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 (30) years from the date of issuance of occupancy permits. A copy of the recorded covenant shall then be submitted to the Zoning Division. 21. 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 (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; 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. 22. 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 Revision No. 1 of Exhibit Nos. 1 and 2. CUP 3390 - 5 - 23. That prior to issuance of a building permit or within a period of one (1) year form the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6, 11, 12, 14, 15, 16, 20 and 21, 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. 24. 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 findings 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 21st day of May, 1991. 0F CITY CLERK OF THE CITY OF ANAHEIM RCUP3390.179 - 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. 91R-149 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of May, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Ehrle and Hunter NOES: COUNCIL MEMBERS: Daly and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 91R-149 on the 22nd day of May, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of May, 1991. 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. 91R-149, duly passed and adopted by the City Council of the City of Anaheim on May 21, 1991. CITY CLERK OF THE CITY OF ANAHEIM