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2002-210RESOLUTION NO. 2002R-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002- 04554, IN PART. 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 to construct a 32-unit attached residential condominium subdivision in the RM-2400 (Residential, Multiple-Family) Zone upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: PARCEL 2 AS SHOWN ON A MAP FILED IN BOOK 112, PAGE 2 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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. PC2002-119 granting, in part, Conditional Use Permit No. 2002-04554; 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. 2002-04554 be, and the same is hereby, granted permitting to construct a 32-unit attached residential condominium subdivision in the RM-2400 (Residential, Multiple-Family) Zone on the hereinabove described real property with a waiver of the following provisions of the ~aheim Municipal Code: Sections 17.08.036 17.08.390 and 17.08.650 - Required improvements of private streets. (Sidewalks required on both sides of private streets; no continuous sidewalks proposed on the private street) - 2 - Sections 18.04.043.100.101(a)-Maximum fence height. 18.32.063.010.011 (3-foot high fence permitted in and 18.32.064.070 minimum 20-foot building setback adjacent to an arterial highway; 5-foot high fence (3-foot decorative block or stucco wall topped by a 2-foot decorative wrought iron fence) approved with an 8-to 20-foot setback from Euclid Street) Section 18.32.065.020 - Minimum width of pedestrian access-ways. (8-foot wide access-ways required; 4-foot wide sidewalks approved) subject to the following conditions: 1. That the developer shall plant minimum twenty four (24) inch box sized Tipu street trees on maximum thirty (30) foot centers in the parkway or in tree wells (minimum fifty two (52) inches square, each) in the public right-of-way along Euclid Street. Said information shall be specifically shown on plans submitted to the Community Services Department for review and approval. 2. That decorative bollards or other effective decorative barriers acceptable to the Zoning Division and the Community Services Division of the Police Department, shall be constructed along the perimeter of the common recreation areas. Said information shall be specifically shown on the plans submitted for building permits. 3. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval specifying how the vehicle security gates and vehicle turn?around area will function. Said information shall be specifically shown on the plans submitted for building permits. 4. That the property owner/developer shall install street lights on Euclid Street as required by the Electrical Engineering Division. A bond for installation of the street lights shall be posted with the City of Anaheim prior to issuance of building permits; and the street lights shall be installed prior to occupancy of the first dwelling unit. 5. That the location(s) for future above-ground utility device(s) including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, - 3 - materials, identifiers, access points, etc.); and the plans shall be subject to review and approval by the appropriate City departments. 6. That all backflow equipment shall be located above ground and outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in vaults shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans which are submitted to the Water Engineering and Cross Connection Control Inspector for review and approval prior to submittal of building permits. 7. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on plans submitted for building permits. 8. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits (which plans will be reviewed and approved by the Planning Department and the Streets and Sanitation Division). 9. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Streets and Sanitation Division for review and approval. 10. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610, and maintained to the satisfaction of the Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 11. That roll-up garage doors shall be shown on the plans submitted for building permits. Said doors shall be installed and maintained as shown on the approved plans. 12. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. - 4 - 13. That all plumbing and other similar pipes and fixtures located on the exterior of any building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 14. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 15. That clothes washer and dryer hookups shall be incorporated into each condominium dwelling unit; and that such hookups shall be specifically shown on the plans submitted for building permits. 16. That final landscaping and irrigation plans for subject property shall be submitted to the Zoning Division for review and approval. Said landscaping plans shall show that a minimum of fourteen (14), thirty six (36) inch box sized trees, shrubs, groundcover and vines shall be planted in 'layers' adjacent to the screen wall facing Euclid Street. Any decision made by the Zoning Division regarding said landscaping plan may be appealed to the Planning Commission and/or City Council. All trees and other plants shall be properly and professionally maintained by the Homeowner's Association to ensure mature, healthy growth. (A Homeowner's Association is required in connection with the final map for Tract No. 16371, which was processed concurrently with this conditional use permit.) 17. That final building plans, exterior elevation plans, and a colors and materials board for subject project shall be submitted to the Zoning Division for review and approval. Any decision made by the Zoning Division regarding said plans may be appealed to the Planning Commission and/or City Council. 18. That this conditional use permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2001-00075 and recordation of a final map in connection with Tentative Tract Map No. 16371. 19. (a) That any required relocation of City electrical facilities shall be at the developer's expense. (b) That landscaping and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 20. That prior to application for water meters or a fire line, or prior to submitting the water improvement plans for approval, - 5 - the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall comply with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 21. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for Public Utilities Water Engineering Division review and approval to determine the conditions necessary for providing water service to the project. 22. That prior to final building and zoning inspections, the developer shall construct a five (5) foot wide sidewalk adjacent to the right-of-way line along Euclid Street, in conformance to Public Works Standard Detail No. I10-E; and that landscaping and irrigation facilities, as approved by the Parks Division of the Community Services Department, shall be installed between the sidewalk and the curb. Prior to issuance of a building permit, said information shall be specifically shown on plans submitted for Public Works Department, Development Services Division, approval. 23. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary, or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire line. 24. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 601/602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with the approved plans. 25. That the driveway on Euclid Street shall be a maximum thirty (30) feet wide, and shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 26. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 27. Proposed Condition No. 27 was intentionally deleted at the - 6 - Planning Commission public hearing (and added to the Tentative Tract Map No. 16371). 28. Proposed Condition No. 28 was intentionally deleted at the Planning Commission public hearing (and added to the Tentative Tract Map No. 16371). 29. That all residential condominium units shall be assigned street addresses approved by the Building Division. 30. That the property owner shall submit a letter to the Zoning Division requesting termination of Variance Nos. 153 (to construct an addition to a building) and 1118 (to expand an industrial laundry and linen supply). 31. 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 through 8 (dated August 6, 2002), and as conditioned herein. 32. 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, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19(b) , 22, 23, 24, 25, 29 and 30, 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. 33. That prior to final building and zoning inspections, Condition Nos. 4, 22 and 31, above-mentioned, shall be complied with. 34. 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 - 7 - City Council of the City of Anaheim this 24th day of September, 2002 . MAYOR OF THE CITY OF ANAHEIM Pro Tem ATTEST: ~ITY CLERK O~ THE CITY OF ANAHEIM 46677.1 - 8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-210 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of September, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS' None ~'T~E CITY OF ANAHEIM (SEAL)