RES-1989-340RESOLUTION NO. 89R-340
A RESOLUTION OF 'rHE cI'rY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3168, 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
from DONALD HUNT, 12844 Inglewood Avenue, Hawthorne, CA 90250,
owner, and WILLIAM PEARCE, 12844 Inglewood Avenue, Hawthorne, CA
90250, agent, to construct a 26-building, 3-story, 106-unit
airspace condominium complex upon certain real property located
within the City of Anaheim, County of Orange, State of California,
legally described as:
BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 OF
PARCEL MAP NO. 79-279, IN THE CITY OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, PER MAP FILED IN BOOK
143, PAGES 34 AND 35 OF PARCEL MAPS, RECORDS OF SAID
COUNTY, SAID CORNER BEING ON THE SOUTHERLY
RIGHT-OF-WAY OF WILKEN WAY; THENCE SOUTH 89° 38' 08"
EAST; 258.08 FEET ALONG THE NORTH LINE OF SAID PARCEL
3; THENCE SOUTH 00° 20' 52" WEST, 55.00 FEET; THENCE
SOBTH 89° 38' 08" EAST 192.68 FEET; THENCE SOUTH 00°
41' 55" EAST, 534.57 FEET TO THE SOUTHERLY LINE OF
SAID PARCEL 3; THENCE NORTH 89° 38' 13" WEST, 450.34
FEET, ALONG SAID SOUTHERLY LINE, TO THE SOUTHWEST
CORNER OF SAID PARCEL 3; THENCE NORTH 00° 41' 55"
WEST, 589.89 FEET, ALONG THE WESTERLY LINE OF SAID
PARCEL 3 TO THE POINT OF BEGINNING; 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. PC89-160 granting
Conditional Use Permit No. 3168, in part; 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
CUP 3168
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 adjoin-
ing 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 no 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 strict application of the zoning code does not
deprive 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 would cause an increase in traffic
congestion in the immediate vicinity nor adversely affect the
adjoining land uses; and
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2. The granting of the variance under the conditions
imposed would 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. 3168 be, and
the same is hereby, granted, in part, permitting a 26-building,
3-story, 106-unit airspace condominium complex on the hereinabove
described real property but that the following proposed waivers
of the Anaheim Municipal Code for said project be denied:
SECTIONS 18.06.050.0121
18.06.080
and 18.32.066.010
- Minimum number of parking spaces.
'(300 required: 285 proposed)
SECTION 18.32.070.010
Required handicapped access.
{required: handicapped access (i.e.
ramps) required for all dwelling
units located on first full floor of
all dwelling units located nearest to
ground level;
proposed: none)
SECTION 18.32.080.020
Minimum recreational-leisure area.
subject to the following conditions:
That a fee shall be paid to the City of Anaheim for street
lighting along Wilken Way in an amount as established by
City Council resolution.
That subject property shall be served by underground
utilities.
That the appropriate traffic signal assessment fee shall be
paid to the City of Anaheim in an amount as established by
City Council resolution.
That gates shall not be installed across any private street
in a manner which may adversely affect vehicular traffic in
the adjacent public streets. Installation of any gate at
the Wilken Way entrance shall conform to the Engineering
Department's Standard Plan No. 402 and shall include a
cul-de-sac to provide adequate on-site vehicle turn-around
space between said gate and Wilken Way. Installation of any
gates shall be subject to the review and approval of the
City Traffic Engineer.
That any parking stalls adjacent and parallel to walls shall
be a minimum of ten (10) feet wide.
That all dwelling units shall be fire sprinklered (a 13-R
sprinkler system may be acceptable) as required by the City
Fire Department.
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7. access gates
approved by
11.
12.
13.
14.
15.
That any lockable pedestrian and/or vehicular
shall be equipped with a "knox box" device as
the Fire and/or Police Departments.
That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required and
approved by the City Fire Department.
That separate fire/water service shall be provided for each
parcel, as required by the City Fire Department.
That underground utility fees for
be paid to the City of Anaheim as
Electrical Utility Division.
each dwelling unit shall
required by the City
That a six (6) foot high masonry block wall shall be
constructed and maintained along the east, south and west
property lines excepting the front setbacks where the wall
height shall not exceed three (3) feet. The City Traffic
Engineer shall have the authority to reduce the height to
protect line-of-sight visibility where pedestrian and
vehicular circulation intersect. Said walls shall be shown
on the plans submitted for building permits.
That sidewalks shall be repaired along ~ilken Way as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of
the City Engineer.
That a traffic signal shall be installed at the intersection
of Wilken Way and Haster Street as required by the City
Traffic Engineer; 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 said improvement. Said security shall be
posted with the City of Anaheim prior to issuance of a
building permit or prior to final tract map approval,
whichever occurs first. The above-required improvement
shall be installed within a period of one (1) year after
issuance of occupancy permits for both Phase 1 (one hundred
six [106] condominiums on subject property) and Phase 2
(sixty four [64] condominiums on the 3.47 acres immediately
east of subject property) unless State of California
warrants for a traffic signal are not met.
That this Conditional Use Permit is granted subject
adoption of a zoning ordinance in connection with
Reclassification No. 88-89-55, now pending.
to the
That all private streets shall be developed in accordance
with the Engineering Department's Standard Detail No. 122
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16.
17.
for private streets, including installation of street name
signs. Plans for the private street lighting, as required
by the standard detail, shall be submitted to the Building
Division for approval and shall be included with the plans
submitted for building permits. (Private streets are those
which provide primary access and/or circulation within the
project).
That driveways shall be repaired along Wilken Way as
required by the City Engineer and in accordance with
standard plans and specifications on file in the Office of
the City Engineer.
That prior to issuance of a building permit, the appropriate
fees due for primary mains and for fire protection service
shall be paid to the Water Utility Division in accordance
with Rules 1SA and 20 of the Water Utility Rates, Rules and
Regulations.
18. That a fire flow test of the water system to determine
adequate water pressure shall be conducted to the
satisfaction of the City Water Engineering Division.
19. That the legal property owner shall dedicate to the City of
Anaheim a twenty (20) foot wide water easement from Tiller
Avenue to the south property line.
20.
21.
22.
That all off-site water system improvements required by the
Water Engineering Division shall be paid for and provided by
the legal property owner/developer.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Revision No. 1 of Exhibit No. 1, and
Exhibit Nos. 2 through 17; provided, however:
(a)
That a minimum of three hundred (300) parking spaces
shall be provided in accordance with Code for the
proposed one hundred six (106) residential condominium
units in Phase 1; and
(b)
That Wilken Way shall be the main entrance to subject
property and that only gated emergency access, as
reviewed and approved by the City Traffic Engineer,
shall be permitted to Willowbrook Lane.
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, 3, $, 10, 11, 13,
14, 15, 17, 18 and 19 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.
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25.
That prior to final building and zoning inspections,
Condition Nos. 2, 6, 9, 11, 12, 13, 15, 16, 20 and 21
above-mentioned, shall be complied with.
24.
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 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 1st day of August, 1989.
ATTEST: ~
CITY CLERK OF THE CITY OF ANAHEIM
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080789
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CLERK
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. 89R-340 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 1st day of August, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle,
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Pickler, Kaywood and Hunter
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-340 on the 10th day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 10th day of August, 1989.
CITY CLERK OF THE CITY OF ANAHEXIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-340 duly passed and
adopted by the Anaheim City Council on August 1, 1989.
CITY CLERK OF THE CITY OF ANAHEIM