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2003-053RESOLUTION NO. 2003R-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT N0.2002- 04635, 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 a 16-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: THE WEST 150.00 FEET OF LOT 7 IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1, PAGE 33 OF MISCELLANEOUS RECORD MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THE NORTH 300.00 FEET THEREOF; 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. PC2003-28 granting, in part, Conditional Use Permit No. 2002-04635; 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. 2002-04635 be, and the same is hereby, granted permitting 16-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 Anaheim Municipal Code: Section 18.32.062.012 Maximum structural height within 150 feet of a single-family residential zone. - 2 - (1-story attached dwellings permitted within 150 feet of RS-7200 zoning, provided that if there is no visual intrusion from the 2nd story, 2-story attached dwellings permitted a minimum of 50 feet from RS-7200 zoning; 2-stories proposed 30 feet from RS-7200 zoning to the west and 24 feet from RS-7200 zoning to the north) Section 18.32.063.020.028 Minimum landscaped setback abutting single-family residential development. (20-foot wide fully landscaped setback required along the west and north property lines abutting RS-7200 zoning; none to 24 feet proposed between a trash truck turn-around and the north property line) subject to the following conditions: 1. That the developer shall plant twenty four (24) inch box sized Liriodendron Tulipifera trees on forty (40) foot centers in the parkway. The minimum width of parkway tree wells shall be five (5) feet. The entire parkway shall be irrigated by a system supplied by the development; and that said information shall be shown on the plans submitted for building permits. 2. 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 street. Installation of any gates shall conform to Engineering Standard Plan No. 609; and that all driveways on Katella Avenue shall be constructed with ten (10) foot radius curb returns as required by City Engineering Standard 137. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 3. That an on-site trash truck turn-around area shall be provided in compliance with Engineering Standard Detail No. 610 and shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for - 3 - building permits. 4. That the property owner/developer shall install street lights on Katella Avenue and within the project, as required by the Electrical Engineering Division of the Public Utilities Department. A bond for the installation of the street lights shall be posted with the City of Anaheim prior to issuance of building permits. The street lights shall be installed prior to occupancy. 5. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on the plans submitted for building permits. 6. That the location(s) for future above-ground utility devices 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. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.); and that said screening treatment shall be subject to review and approval by the appropriate City departments. 7. That all backflow equipment shall be located above ground outside the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division of the Public Utilities Department in either underground vaults or outside the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans, which shall be approved by the Water Engineering and Cross Connection Control Inspector prior to submittal of plans for building permits. 8. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed and shall comply with Chapter 10.19 (Landscape Water Efficiency) of the Anaheim Municipal Code and City Ordinance No. 5349. Said information shall be shown on the plans submitted for building permits. 9. 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 storage area(s) shall be designed to be architecturally compatible with the design of the residences, and shall be located and screened so as not to be - 4 - readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation Division, review and approval. 10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 11. That roll-up garage doors for each dwelling 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. Such information shall be specifically shown on the plans submitted for building permits. 13. That all plumbing or other similar pipes and fixtures located on the exterior of a 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 shall be shown on the plans submitted for building permits. 16. That a final landscaping and irrigation plan for subject property shall be submitted to the Zoning Division for review and approval. Said landscaping plans shall show minimum twenty four (24) inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and trees on maximum twenty (20) foot centers along the north (exclusive of the turnaround) and west property lines. A total of eight (8) trees shall also be planted adjacent to Katella Avenue. Any decision made by the Zoning Division regarding said landscaping and irrigation plan may be appealed to the Planning Commission and/or City Council. Ail trees shall be properly and professionally maintained to ensure mature and healthy growth. - 5 - 17. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in connection with Reclassification No. 2002-00085 and recordation of the Final Tract Map No. 16465, now pending. 18. That prior to application for water meters, fire lines or submittal of the water improvement plans for approval, the developer/owner shall submit an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project to the Water Engineering Division of the Public Utilities Department. 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 occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 19. That all requests for new water services or fire lines, as well as any modifications, relocations or abandonment of existing water services and/or fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 20. That prior to rendering water service, water improvement plans shall be submitted to the Water Engineering Division for review and approval; and that a performance bond in the amount approved by the City Engineer and approved City Attorney shall be posted with the City of Anaheim. 21. That the streets, sanitary sewers and storm drains within the development shall be privately maintained. 22. That final precise floor plans and final precise elevation plans shall be submitted to the Zoning Division for review and approval. The elevation plans shall show additional architectural enhancements incorporated into the project. Any decision by the Zoning Division may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 23. 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 No. 1 and Exhibit No. 2, and as conditioned herein. 24. 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 and 22, 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. - 6 - 25. That prior to final building and zoning inspections, Condition No. 23, above?mentioned, shall be complied with. 26. 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 i~approved~nd adopted by the City Council of the City of Anaheif~isj~8~of March, 2003. MAYO~ OF THE ~TY ~F ANAHEIM ATTEST: CI,~Y CLER~ ~F THE' CITY OF ANAHEIM 48807.1 - 7 - 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. 2003R-53 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 18th day of March, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pdngle, Tait NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None C'I'TY CLERI~OF TH~ CITY OF ANAHEIM (SEAL)