91-275 RESOLUTION NO. 91R-275
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3441.
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 15-unit senior citizen's apartment project upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL 1: LOT 13 OF THE GRESSWELL SUBDIVISION,
THEREOF RECORDED IN BOOK 6, PAGE 47 OF
MISCELI~ANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 2: LOT 15 OF THE GRESSWELL SUBDIVISION,
IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP
RECORDED IN BOOK 6, PAGE 47, OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID 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. PC91-132 denying Conditional
Use Permit No. 3441; 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.
CuP #3441
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.
WHEREAS, the City Council does further find with regard
to the hereinafter specified proposed waiver(s) of Anaheim
Municipal Code requirements, other than the proposed waiver of
off-street parking requirements, as follows:
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; and
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; and
WHEREAS, the City Council does further find and determine
with regard to the proposed waiver of certain off-street parking
requirements that:
1. The variance 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 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, Conditional Use Permit No. 3441 be, and the
same is hereby, granted permitting a 15-unit senior citizen's
apartment project on the hereinabove described real property with a
waiver of the following provisions of the Anaheim Municipal Code:
SECTIONS 18.94.032.020 - Maximum lot coverage.
and 18.34.062.020 (55% permitted; 59% proposed).
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CUP #3441
SECTIONS 18.94.031.020 - Minimum buildin~ site area.
and 18.34.061.010 (1,200 s~.ft. per dwelling unit
required; 894 sq.ft. proposed)
SECTIONS 18.06.050.0131 - Minimum number of open parking
(12 open Darkin~ spaces
required; 12 enclosed spaces
proposed)
subject to the following conditions:
1. That a Lot Line Adjustment Plat shall be submitted to the
Subdivision Section and approved by the City Engineer and
then recorded in the office of the Orange County Recorder
to combine the two (2) existing lots such that any new
building lies completely within one (1) parcel.
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 established by
City Council Resolution.
3. 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 and Transportation Manager prior to issuance of a
building permit.
4. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revision of
Engineering Standard Plan Nos. 436 and 602 pertaining to
parking standards and driveway locations. Subject
property shall thereupon be developed and maintained in
conformance with said plans.
5. That the driveway on Kemp Street shall be constructed
with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standards.
6. That roll-up garage doors for the ten (10) enclosed
parking spaces shall be shown on plans submitted for
building permits. Said doors shall be installed and
maintained as shown on submitted plans.
7. That a minimum of two (2) parking spaces shall remain
open (no garage doors) and unassigned, and shall be
marked "Guests Only."
8. That street lighting facilities along Kemp Street shall
be installed as required by the Utilities General Manager
in accordance with specifications on file in the Office
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CUP #3441
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 prior to issuance of a building permit, the
appropriate fees due for 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.
11. 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
underground vaults or behind the street setback area in a
manner fully screened from all public streets and alleys.
12. That all 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 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.
15. That prior to issuance of a building permit, a solid
waste management plan with recycling capabilities shall
be approved by the Street Maintenance and Sanitation
Division. Upon occupancy of the project, said plan shall
commence and shall remain in full effect as required by
said Division.
16. 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.
17. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
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CUP #3441
screened by architectural devices and/or appropriate
building materials; and, further, such information shall
be specifically shown on the plans submitted for building
permits.
18. 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.
19. That the proposal shall comply with all signing
requirements of the RM-1200 Zone, unless a variance
allowing sign waivers is approved by the City Council,
Planning Commission or Zoning Administrator.
20. That a landscape and irrigation plan for subject
property, including enhanced landscaping in the fron~set
back, shall be submitted to the Zoning Division for
review and approval. Any decision made by the Zoning
Division regarding said plan may be appealed to the
Planning Commission and/or city Council. Once planted,
the landscaping and irrigation shall be maintained in
compliance with City standards.
21. 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 the remaining 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.
22. 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
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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.
23. That elevators shall be provided for subject senior
citizens' apartment project so that each apartment
entrance is located no more than one hundred fifty (150)
feet walking distance from an elevator. Each elevator
shall comply with the State of California Fire Life
Safety regulations.
24. That a fee for street tree purposes shall be paid to the
city of Anaheim based on the length of street frontage
along Kemp Street in an amount as established by City
Council resolution.
25. 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.
26. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the north and south
property lines 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.
27. 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.
28. That the lounge/kitchen shown on Exhibit No. 1 shall not
be used as a living unit and shall continue to remain
available for all tenants as a recreational/leisure
facility.
29. 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
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file with the Planning Department marked Exhibit No. 1;
provided, however, (a) that a maximum of ten (10) parking
spaces may be enclosed and at least two (2) shall be
open, and (b) that the front setback landscaping along
Kemp Street shall be enhanced (to soften the visual
impact of the 40 foot-wide driveway).
30. 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, 2, 3, 4, 6, 8,
10, 14, 15, 16, 17, 18, 20, 21, 22, 24, and 25
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.
31. That prior to final building and zoning inspections,
Condition Nos. 5, 6, 7, 8, 9, 11, 12, 13, 23, 26, and 29,
above-mentioned, shall be complied with.
32. 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. Conditions marked
with an asterisk (*) are required by established laws,
codes, regulations and agreements and are, therefore, not
subject to negotiation.
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 September,
1991.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3441.12
102191
CUP #3441
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-275 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 10th day of
September, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Daly
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 91R-275 on the 11th day of September, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim ~his 11th day of September, 1991.
CITY CLERK OF THE CITY OF ~AHEIM
(SEAL)
I, LEONORA No SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 91R-275 duly passed and adopted
by the City Council of the City of Anaheim on September 10, 1991.
CITY CLERK OF THE CITY OF ANAHEIM