97-075RESOLUTION NO. 97R -75
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3917.
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 conversion of an existing 139 -unit apartment complex to
a 136 -unit Vacation Ownership Resort upon certain real property
located within the City of Anaheim, County of Orange, State of
California, legally described as:
PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 98, PAGES 39 OF PARCEL 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. PC97 -53 granting
Conditional Use Permit No. 3917; 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.
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. 3917 be, and the same is hereby,
granted permitting conversion of an existing 139 -unit apartment
complex to a 136 -unit Vacation Ownership Resort on the
hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
(a) Sections 18.48.070.090.0901(c)
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Minimum structural
setback and yard
requirements
abutting Orangewood
Avenue (20 feet
required for
buildings 75 feet or
less; 12 to 27 feet
existing)
(b) Sections 18.48.070.090.0903
18.48.070.110.1102
(c) Sections 18.48.070.100.1002 Permitted encroachments
and 18.48.070.100.1003 into required Yard and
setback areas.
(vehicular parking
prohibited in required
interior setbacks;
vehicular parking
existing in setbacks
along the east, north and
west property lines)
subject to the following conditions:
1. That approval of Conditional Use Permit No. 3917 is subject
to City Council adoption of General Plan Amendment No. 344,
approval of Amendment No. 1 to the Anaheim Resort Specific
Plan No. 92 -2, and adoption of an ordinance rezoning subject
property to the Anaheim Resort Specific Plan No. 92 -2 (SP
92 -2) Zone.
2. That the property owner /developer shall be responsible for
compliance with all of the mitigation measures set forth in
Mitigation Monitoring Plan No. 006 for this project, and for
complying with the monitoring and reporting requirements
established by the City in compliance with Section 21081.6
of the Public Resources Code. Furthermore, the property
owner /developer shall be responsible for any direct costs
associated with the monitoring and reporting requirements to
ensure implementation of those mitigation measures
identified in Mitigation Monitoring Plan No. 006 which is
made a part of these conditions of approval by reference.
3. That the phased conversion to vacation ownership resort use
shall be completed within four (4) years from the date of
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Minimum structural
setback and yard
requirements and
abutting interior
property lines.
(Required: 10 feet,
fully landscaped,
adjacent to the north
and west property lines
and 20 feet, fully
landscaped, adjacent to
the east property line
abutting residentially
zoned property required;
Proposed: none adjacent
to existing carports and
trash enclosures)
this resolution (unless an extension of time is granted by
the City at an advertised public hearing) and subject resort
shall be wholly occupied thereafter in compliance with the
limits on occupancy set forth in Section 18.48.120
"Requirements for Vacation Ownership Resorts" of the Anaheim
Municipal Code.
4. That the operator of subject vacation ownership resort shall
provide twenty four (24) hour on -site security services and
staffing at the front desk, and shall be responsible for the
day -to -day management, operations and maintenance of the
entire resort.
5. That the operator of subject vacation ownership resort shall
maintain a register for the registration of all guests of
the vacation ownership resort, including overnight
accommodations offered to the public, as set forth in
Chapter 7.22 "Hotel Registers" of the Anaheim Municipal
Code.
6. That prior to the first final building and zoning
inspection, all sidewalk improvements located within the
public right -of -way shall conform to Engineering Standard
Detail No. 121.
7. That prior to the first final building and zoning
inspection, the property owner /developer shall, at his or
her own expense, install, irrigate and maintain the City's
designated street trees (Magnolia) and shrubs in the
Orangewood Avenue parkway across the entire frontage of the
subject property.
8. That prior to issuance of the first building permit, a plan
showing the proposed Anaheim Resort freestanding monument
sign location shall be submitted to the City Traffic and
Transportation Manager for review and approval in
conformance with Engineering Standard No. 137 pertaining to
sight distance visibility. Said monument sign shall be
installed prior to the commencement of the vacation
ownership resort activity.
9. That prior to issuance of a building permit, a plan sheet
for solid waste storage, collection and a plan for recycling
shall be submitted to the Public Works Department, Streets
and Sanitation Division, for review and approval.
10. That the subject property shall be developed substantially
in accordance with the plans and specifications submitted to
the City of Anaheim by the petitioner and which plans are on
file with the Planning Department marked Exhibits No. 1
4
through 8.
11. That prior to issuance of the first building permit, the
location, type and configuration of all lighting fixtures,
including ground- mounted lighting fixtures utilized to
accent buildings, landscape elements, or to illuminate
pedestrian areas, shall be shown on plans submitted for
building permits. All proposed surface parking area
lighting fixtures shall be down lighted with a maximum
height of twelve (12) feet adjacent to any residential
properties. All lighting fixtures shall be shielded to
direct lighting toward the area to be illuminated and away
from adjacent residential property lines.
12. That the operator of the subject vacation ownership resort
(Operator) shall submit a yearly report to the City of
Anaheim no later than January 31 of each calendar year for
the calendar year ending the previous December 31,
containing the actual Transient Occupancy Taxes collected
for the vacation ownership units. It shall be the
responsibility of the Operator of the subject vacation
ownership resort to maintain complete records and to report
the correct Transient Occupancy Tax (TOT) including the TOT
for any rentals of vacation ownership units which are
handled by either the owner of such unit (Owner) or a third
party (a party other than the Owner or Operator). The
Operator shall comply with all applicable provisions of
Chapter 2.12 "Transient Occupancy Tax" of the Anaheim
Municipal Code.
13. That prior to commencement of the activity approved herein,
or prior to the issuance of the first building permit, or
within a period of one (1) year from the date of this
resolution, whichever occurs first, the property owner shall
execute and record an unsubordinated agreement and covenant
to the satisfaction of the City Attorney's Office, which
agreement shall set forth the method of ownership of the
vacation ownership units to be established and implemented
for the vacation ownership resort project which guarantees
that the City shall be entitled to collect Transient
Occupancy Tax (TOT) for all vacation ownership units as if
they were hotel rooms.
14. That prior to issuance of each building permit, plans
showing conformance with the Uniform Fire Code shall be
submitted to the Fire Department for review and approval.
15. That prior to final building and zoning inspections, a
licensed landscape architect shall provide a letter to the
Planning Department certifying that all landscaping and
irrigation systems have been installed in accordance with
landscaping plans approved in connection with subject
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Conditional Use Permit No. 3917.
16. That on -site landscaping and irrigation systems shall be
maintained by the property owner /developer in compliance
with City standards.
17. That on -site sweeping operations shall utilize
sweeping /scrubbing equipment which operates at a level
measuring not greater than sixty (60) dBA at the nearest
adjacent property line.
18. That trash storage areas shall be provided and maintained in
the locations identified on Exhibit No. 1 and in accordance
with the approved plans on file with the Public Works
Department, Streets and Sanitation Division. Such
information shall be specifically shown on the plans
submitted for building permit.
19. 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.
20. That the property owner /developer shall provide relocation
assistance as specified in the "Tenant Relocation Plan"
submitted to the City of Anaheim and which plan is on file
with the Planning Department marked Exhibit No. 8.
21. That any tree planted within the Setback Realm shall be
replaced in a timely manner in the event that it is removed,
damaged, diseased and /or dead. (Condition No. 15* of
Ordinance No. 5454 adopted in connection with Specific Plan
No. 92 -2)
22. That a licensed arborist shall be responsible for all tree
trimming. (Condition No. 16 of Ordinance No. 5454 adopted
in connection with Specific Plan No. 92 -2)
23. That pressure washing operations for purposes of building
repair and maintenance due to graffiti or other aesthetical
considerations shall be limited to daytime hours of
operation between 7:00 a.m. and 8:00 p.m. (Condition No.
19* of Ordinance No. 5454 adopted in connection with
Specific Plan No. 92 -2)
24. That prior to final building and zoning inspections, all air
conditioning facilities and other roof and ground- mounted
equipment shall be shielded from public view as required by
the Specific Plan and the sound buffered to comply with City
6
of Anaheim noise ordinances from any adjacent residential or
transient occupied properties. Such information shall be
specifically shown on the plans submitted for building
permits. (Condition No. 25* of Ordinance No. 5454 adopted
in connection with Specific Plan No. 92 -2)
25. That prior to final building and zoning inspections, all
plumbing and other similar pipes and fixtures located on the
exterior of the building shall be fully screened from view
of adjacent public rights -of -way and from adjacent
properties by architectural devices and /or appropriate
building materials; and, further, such information shall be
specifically shown on the plans submitted for building
permits. (Condition No. 26* of Ordinance No. 5454 adopted
in connection with Specific Plan No. 92 -2)
26. That property owner /developer shall be responsible for the
removal of any on -site graffiti within 24 hours of its
application. (Condition No. 27* of Ordinance No. 5454
adopted in connection with Specific Plan No. 92 -2)
27. That no shuttle, bus, or vehicular drop -off areas shall be
permitted in the front setback areas. (Condition No. 31* of
Ordinance No. 5454 adopted in connection with Specific Plan
No. 92 -2)
28. That prior to the issuance of each building permit, the
Anaheim Police Department shall review and approve plans for
safety, accessibility, crime prevention, and security
provisions during both the construction and operative
phases. (Condition No. 32* of Ordinance No. 5454 adopted in
connection with Specific Plan No. 92 -2)
29. That gates shall not be installed across any driveway or
private street in a manner which may adversely affect
vehicular traffic in the adjacent public streets.
Installation of any gates shall conform to Engineering
Standard Plan No. 402 and shall be subject to the review and
approval of the City's Traffic and Transportation Manager
prior to the issuance of a building permit. (Condition No.
34* of Ordinance No. 5454 adopted in connection with
Specific Plan No. 92 -2)
30. That all engineering requirement of the City of Anaheim,
including preparation of improvement plans and installation
of all improvements such as curbs and gutters, sidewalks,
water facilities, street grading and pavement, sewer and
drainage facilities, or other appurtenant work shall be
complied with as required by the City Engineer and in
accordance with specifications on file in the Office of the
City Engineer, as may be modified by the City Engineer; and
that security in the form of a bond, certificate of deposit,
7
letter of credit, completion guarantee, 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 said improvements. Said security shall be
posted with the City prior to the issuance of a building
permit or final map approval, whichever occurs first, to
guarantee the installation of the related improvements prior
to final building and zoning inspection. (Condition No. 36*
of Ordinance No. 5454 adopted in connection with Specific
Plan No. 92 -2)
31. That prior to issuance of each building permit, the
approximate Citywide Transportation Impact and Improvement
Fee shall be paid to the City of Anaheim in the amount(s)
determined by City Council Resolution. Consistent with the
Fee Ordinance, fees may be reduced in consideration of
right -of -way dedication and /or Master Plan of Arterial
Highway facility construction. (Condition No. 37* of
Ordinance No. 5454 adopted in connection with Specific Plan
No. 92 -2)
32. That when established by the City, the property
owner /developer shall participate in the Transportation
Network (TNA) to be created for the Anaheim Resort and
Anaheim Stadium Business Center and coordinated with the I -5
Traffic Management Plan. (Condition No. 38* of Ordinance
No. 5454 adopted in connection with Specific Plan No. 92 -2)
33. That prior to final building and zoning inspections, the
water meter and backflow equipment and any other large water
system equipment shall be installed to the satisfaction of
the Public Utilities Department, Water Utility Division, in
either underground vaults or behind the building setback
line in a manner fully screened from all public streets and
alleys and in accordance with Ordinance No. 4156 and Section
18.48.070.1107 of the Anaheim Municipal Code. Such
information shall be specifically shown on the plans
submitted for building permits. (Condition No. 39* of
Ordinance No. 5454 adopted in connection with Specific Plan
No. 92 -2)
34. That prior to issuance of each building permit, unless
records indicate previous payment, the appropriate fees for
Primary Mains, Secondary Mains and Fire Protection Service
shall be paid to the Public Utilities Department, Water
Utility Division in accordance with Rule 15A and 20 of the
Water Utility Rates, Rules and Regulations. (Condition No.
40* of Ordinance No. 5454 adopted in connection with
Specific Plan No. 92 -2)
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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 20th day of May, 1997.
ATTEST:
6" 444 211
JAW CITY CLERK OF THE C TY OF ANAHEIM
0023195.01
MAYOR OF THE
9
ITY OF
EIM
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. 97R -75 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the
members thereof:
AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Zemel, Lopez, Daly
NOES: MAYOR /COUNCIL MEMBERS: None
ABSENT: MAYOR /COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution
No. 97R -75 on the 20th day of May, 1997.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 20th day of May, 1997.
(SEAL)
.CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 97R -75 was duly passed and adopted by the City Council of
the City of Anaheim on May 20, 1997.
CITY CLERK OF TH CITY OF ANAHEIM