91-334 RESOLUTION NO. 91R-334
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3466.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a 2-story, 13-unit senior citizens' "affordable" apartment
complex upon certain real property located within the City of
Anaheim, County of Orange, State of California, legally described
as:
LOT 1 AND THE EASTERLY 13.00 FEET OF LOT 2 IN
BLOCK 1 OF EYGABROAD'S SUBDIVISION, IN THE CITY
OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK
7, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF ORANGE COUNTY; 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. PC91-179 granting Conditional
Use Permit No. 3466; 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 adjoining
land uses and the growth and development of the area in which it is
proposed to be located.
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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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, Conditional Use Permit No. 3466 be, and the
same is hereby, granted permitting a 2-story, 13-unit senior
citizens' "affordable" apartment complex on the hereinabove
described real property, subject to the following conditions:
1. That prior to issuance of a building permit, a sewer
capacity mitigation fee of three hundred ten dollars
($310.00) per dwelling unit shall be paid to the city of
Anaheim as the fair share assessment for the South
Street/Walnut Street sewer upgrade, as required by the
City Engineer.
2. That prior to issuance of a building permit, the legal
property owner shall dedicate to the City of Anaheim a
fifteen (15) foot corner cut-off at the intersection of
Center Street and Walnut Street.
3. That prior to final building and zoning inspection,
sidewalks, curbs and gutters shall be reconstructed along
Center Street and Walnut Street as required by the city
Engineer and in accordance with standard plans and
specifications on file in the Office of the City
Engineer.
4. That fire sprinklers shall be installed as required by
the Fire Department.
5. That trash storage areas shall be provided and maintained
in a location acceptable to the Department of Maintenance
and in accordance with approved plans on file with said
Department. Such information shall be specifically shown
on the plans submitted for building permits.
6. That a Plan Sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the
Department of Maintenance for review and approval.
7. That a fee for street lighting purposes shall be paid to
the City of Anaheim based on the length of street
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frontage along Center Street in an amount as established
by City Council resolution.
8. That a fee for street tree purposes shall be paid to the
City of Anaheim based on the length of street frontages
along Center Street and Walnut Street in an amount as
established by city Council resolution.
9. That street lighting facilities along Walnut 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.
10. That subject property shall be served by underground
utilities.
11. That prior to the issuance of building permits, a
performance bond shall be posted with the City of Anaheim
to guarantee installation of an eight (8) inch water line
in Walnut Street from Center Street to Chestnut Street,
to the satisfaction of the Water Engineering Division.
Said installation shall be completed prior to final
building and zoning inspections.
12. 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.
13. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revisions of
Engineering Standard Plan Nos. 436 and 601 pertaining to
parking standards and driveway locations. Subject
property shall thereupon be developed and maintained in
conformance with said plans.
14. That plans shall show a minimum five (5) foot setback
from the public alley for any parking spaces or garages
which back into the public alley.
15. That the owner of subject property shall submit a letter
requesting termination of Variance No. 1947-17 (to
convert a single-family residence to an apartment house)
to the Zoning Division.
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CUP #3466
16. 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.
17. 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.
18. That all lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as
required and approved by the Fire Department.
19. That all air conditioning facilities and other roof and
ground mounted equipment shall be properly shielded from
view and the sound buffered from adjacent residential
properties. Such information shall be specifically shown
on the plans submitted for building permits.
20. 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, that such information
shall be specifically shown on the plans submitted for
building permits.
21. 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.
22. That a six (6) foot high masonry block wall shall be
constructed and maintained along the west property line
excepting the front setback where the wall height shall
not exceed three (3) feet; provided, however, that the
City Traffic and Transportation Manager shall have the
authority to reduce the height of the wall to protect
visual lines-of-sight where pedestrian and/or vehicular
circulation intersect. Said block wall shall be planted
and maintained with clinging vines to eliminate graffiti
opportunities.
23. That the proposal shall comply with all signing
requirements of the RM-1200 "Residential, Multiple
Family" Zone unless a variance allowing sign waivers is
approved by the city Council, Planning Commission or
Zoning Administrator.
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24. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
25. That any tree planted on-site shall be replaced in a
timely manner in the event that it is removed, damaged,
diseased and/or dead.
26. That prior to issuance of a building permit, the legal
property owner shall enter into an unsubordinated
recorded agreement with the City of Anaheim to provide
that a minimum of twenty five percent (25%) of the total
number of proposed senior citizen's 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.
27. 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.
28. 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 11; provided, however, that the parking area
lighting shall be screened by either (a) two (2) foot
high solid material or (b) two (2) foot high lattice
planted with clinging vines for the purpose of visually
screening said parking area lighting from adjacent
residential structures.
29. That prior to issuance of a building permit or within a
period of one (1) year from the date of this resolution,
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whichever occurs first, Condition Nos. 1, 2, 5, 6, 7, 8,
9, 11, 12, 13, 14, 15, 16, 19, 20, 21, 26 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. 3, 4, 9, 10, 11, 17, 18, 22 and 28,
above-mentioned, shall be complied with.
31. 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 10th day of December,
1991.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3466.12
121691
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OFANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-334 was introduced and adored at a regular
meeting provided by law, of the Anaheim City Council held on the 10th day of
December, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Hunter
NOES: COUNCIL MEMBERS: Dsly, Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-334 on the 11th day of December, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 11th day of December, 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-334 duly passed and adopted
by the City Council of the City of Anaheim on December 10, 1991.
CITY CLERK OF THE CITY OF ANAHEIM