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98-112 RESOLUTION NO. 98R-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 4000. 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 60-unit detached condominium development upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: LOTS 3 AND 4 IN BLOCK A OF TRACT NO. 13, AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OR ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM THE NORTH 216.00 FEET OF THE WEST 404.62 FEET, SAID DISTANCE BEING MEASURED TO THE CENTER LINE OF THE STREETS ADJOINING ON THE NORTH AND ON THE WEST. ALSO EXCEPTING THEREFROM THE NORTH 66.00 FEET OF SAID LOT 3, AS DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 4, 1958 IN BOOK 4185, PAGE 76 OF OFFICIAL RECORDS OF SAID ORANGE 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. PC98-54 granting Conditional Use Permit No. 4000, 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 WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did continue said public hearing to June 2 and June 16, 1998, 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. conditions safety and Anaheim. The granting of the conditional use imposed will not be detrimental to general welfare of the citizens of permit under the the peace, health, the City of 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 . imposed general The granting of the variance will not be detrimental to the welfare of the citizens of the under the conditions peace, health, safety City of Anaheim. or NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that and that Conditional Use Permit No. 4000 be, and the same is hereby, granted permitting on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: - 2 - Sections 18.06.040 and 18.31.066.020 Minimum dimensions of parkinq spaces. (20-foot lonq driveway required for open parking spaces; 18-foot lonq driveway proposed for 3 lots) Sections 18.31.063.031- Minimum recreational-leisure areas. Sections 18.31.063.024- Minimum structural setback from one-family residential developments. (I-story permitted 20 feet from RS-7200 zoning to the south, 11 feet proposed; and 2-stories permitted 50 feet from RS-7200 zoning to the south, 21 feet proposed) Sections 17.08.036 17.08.043 17.08.390 and 17.08.650 Minimum private street standards. (Sidewalks required on both [two] sides of private streets; sidewalks proposed on one side only) subject to the following conditions: 1. shall be removed, That any tree or other landscaping planted on-site replaced in a timely manner in the event that it is damaged, diseased and/or dead. 2. That minimum twenty four (24) inch box, non-deciduous, broadheaded or canopy trees, shall be planted and maintained by the developer adjacent to the south property line to provide a broad screening effect for the single-family residences to the south. Landscape plans shall specify the location of the trees on approximately twenty (20) foot centers (said distance may vary slightly) to allow alignment of said trees with second story windows facing south. The subject trees shall ultimately be maintained by the Homeowner's Association at such time as the Association becomes responsible for maintenance of other portions of the property. It shall then be the responsibility of the Homeowner's Association to inform all affected homeowners that these trees shall not be removed or trimmed by individual homeowners. 3. That all second story windows shall be opaque, at or below eye level and immediately adjacent to and facing the south property line. Said information shall be specifically shown on plans submitted for building permits. 4. That roll-up garage doors shall be specified on plans submitted for building permits. Said doors shall be installed and maintained as shown on the plans. 5. That Conditional Use Permit No. 4000 is hereby granted subject to (i) adoption of a zoning ordinance in connection with - 3 - Reclassification No. 97-98-09 and (ii) recordation of Final Tract Map No. 15610. 6. That in connection with the submittal of building permits, the developer shall demonstrate compliance with City Council Policy No. 542 pertaining to sound attenuation in residential projects. 7. That clothes washer and dryer hookups shall be incorporated into the garage or living area of each dwelling unit. Said hook-ups shall be shown on the plans submitted for building permits. 8. That clinging vines and/or fast-growing shrubbery shall be planted and maintained adjacent to all fences visible to Brookhurst Street and Lincoln Avenue. Minimum five (5) gallon sized plants and minimum one (1) gallon sized vines, on maximum three (3) foot centers, shall be planted in these areas. This information shall be specifically shown on plans submitted for building permits. 9. That an application for an Administrative Adjustment or Variance to construct an eight (8) foot high decorative (on both sides) masonry block wall along the north and south property lines and a six (6) foot high masonry block wall set back fifteen (15) feet from the west property line (Brookhurst Street) shall be submitted to the Zoning Division. (a) If the Administrative Adjustment (Variance) is approved, said masonry block walls shall be constructed prior to final building and zoning inspections; or (b) If the Administrative Adjustment (Variance) is denied, prior to final building and zoning inspections: (i) Six (6) foot high masonry block walls shall be constructed adjacent to the north and south property lines, and (ii) A six (6) foot high decorative (on both sides) masonry block wall shall be constructed and set back a minimum of twenty (20) feet from the west property line (Brookhurst Street) . 10. That final landscape plans, fencing plans (along Brookhurst Street), building elevations, sign location plans, type(s) of playground equipment plans, and window treatment plans shall be submitted to the Zoning Division for the review and approval by the Planning Commission as a "Reports and Recommendations" item. The specific location of the perimeter masonry block wall along Brookhurst Street shall be subject to the review and approval of the City Traffic and Transportation Manager for line-of-sight considerations. 11. That the proposed common recreational leisure area shall be equipped with playground equipment. The playground equipment shall be specifically shown on plans submitted for building - 4 - permits. 12. That the developer shall be responsible for payment of school fees as required by State law. 13. That the property owner shall submit a letter requesting termination of Variance No. 1144 (permitting installation of two electric signs) and Conditional Use Permit No. 3754 (permitting a 6,500 sq. ft. church in an existing shopping center) to the Zoning Division. 14. That trash storage areas 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. 15. 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. 16. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 17. That the property owner shall record an unsubordinated covenant with the Office of the Orange County Recorder agreeing to provide the buyer of each dwelling unit with written information obtained from the school district(s} pertaining to possible overcrowded conditions and busing status of the school(s) serving the dwelling unit. A copy of the covenant shall be submitted to and approved by the City Attorney prior to recordation. A copy of the recorded covenant shall be submitted to the Zoning Division. 18. That any temporary off-site advertising these homes shall comply with Code requirements. on sticks shall not be permitted. for the sale of Cardboard signs 19. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval specifying how the vehicular security gates and vehicle turn-around area will function. 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. 20. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing - 5 - conformance with the most current versions of Engineering Standard Plan Nos. 436 and 601 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 21. That the minimum garage size shall be twenty (20) feet by twenty (20) feet. Minimum driveway length shall be twenty (20) feet except for a maximum of three (3) lots which are permitted to have minimum eighteen (18) foot long driveways. Said information shall be specifically shown on plans submitted for building permits. 22. That sewer and drainage improvements within this residential tract shall be privately maintained. 23. That it shall be the Homeowner's Association's responsibility to regularly and periodically clean the public right-of-way portion of the Brookhurst Street entrance driveway between the curb line along Brookhurst Street and the property line. 24. That "layered" landscaping shall be provided in the planter adjacent to Brookhurst Street. Said information shall be specifically shown on plans submitted for building permits. 25. 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. 2 of Exhibit No.1, Revision No.1 of Exhibit No.3, and Exhibit Nos. 3 and 4, and as conditioned herein. 26. That all garages shall have roll-up doors. 27. That prior to the issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 19, 20, 21 and 24, 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. 28. That prior to final building and zoning inspections, Condition Nos. 2, 9(a), 9(b), 25 and 26 , above-mentioned, shall be complied with. 29. That hardscape shall not exceed 20% of each private yard area adjacent to the south property line so as to preserve a landscape buffer between this project and the existing single family residences to the south. 30. That all common landscaping, including the common pool and spa, cabana and tot lot area, (and excepting landscaping not visible to the pbulic and private streets) shall be installed by the developer, and shall be maintained by the homeowners association. - 6 - 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 16th day of June, 1998. ATTEST: ~~.}t~- CITY CLERK OF THE CITY OF ANAHEIM 0027048.01 - 7 - 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. 98R-112 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 16th day of June, 1998, 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. 98R-112 on the 16th day of June, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of June, 1998. ~~fi ~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 98R-112 was duly passed and adopted by the City Council of the City of Anaheim on June 16th, 1998. ~,,-'7{~ CITY CLERK OF THE CITY OF ANAHEIM