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PC 83-234RESOLUTION N0. PC83-234 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CQNDITIONAL USE PERMIT N0. 2462 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit from RIVIERA MOBILfiHOME PARKS, 300 West Katella Avenue, Anaheim, California S2802, owner, and FLOYD L. FARANO, 2555 East Chapman Avenue, Suite 415, Fullerton, California 92631, a9ent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE NORTHEAST QUARTER OE SECTION 27~ TOWNSHIP 4 SOUTH~ RANGE 10 WEST~ IN THE CITY OF ANAHEIM~ COONTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51, PA6E 10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION DISTANT THEREON S. 8S° 54' 30' W. 620.00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION AS SAID CORNER IS SHOWN ON A MAP FILED IN BOOK 43~ PAGE 33 OF RECORll OF SORVEYS IN THE OFFICE OF SAID COUNTY RECORDER; TAENCE S. 1° 19' "s0" E. 2G5.06 FEET PARALLEL WITH THE EAST LINE OE SAID SECTION TO A LINE THAT IS PARALLEL WITH AND 265.00 FEET SOUTHERLY OF SAID NORTH LINE AND THE TRUE i~OINT OF BEGINNING; THENCE CONTINUING S. 1° 19' 30" E. 388.06 FEET TO SOUTH LINE OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE N. 89° 49' 2fc" E. 619.98 FEET ALONG SAID SOUTH LINE TO THE EAST LINE OF SAID SECTION; THENCE N. 1° 19' 30" W. 387.16 FEET ALONG SAID EAST LINE TO SAID PARALLEL LINE; THENCE ;,. 89° 54' 30° W. 620.00 FEET ALONG SAID PARALLEL LINE TO THE TRUE POINT OF BEGINNING. RESERVING THEREFROM THE EASTERLY 45.00 FEEm FOR STREET PURPOSES. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 28, 1983, at 1:30 p.m., notice of said public hearing having been duly 9iven as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make fir.dings and recommendations in connection therewith; said public hearing having been continued to the Planning Commission meeting of December 12, 1983; and WHEREAS, said Commission, after due insoection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offereci at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.35.050 & 18.31.050.060 to wit: to permit two 234-foot high, 180-unit residential condominium towers (360 units totally) with waivers of: ~0104r PC83-234 ~_ ._ . . _ (a) SECTION 18.35.061.010 - Minimum buildinq site area q~ ~ (100U squace feet per dwelling unit required; 618 square feet proposed? (b) SECTIONS 18.35.060 - Maximum structural heiqht AND 18.31.062.012 (1 story permitted within 150 feet of single-family residential; 19 stories at a distance of 65 feet proposed) (c) SECTIONS 18.35.060 - Minimum landscaped setback ~,~:: AND 18.31.063.011 (20 feet required adjacent to Haster ~`~' Street; 10 feet oroposed) ~:> ~: '"~' 2. That the requested waivers are hereby granEed on the basis that ~'~ there are special circumstances applicable to the , property such as size, shape, topography, location or surroundin9s, which do not apply to other ~` 1, identically zoned properties in the vicinity; and that strict application of ''.', the Zonin9 Code deprives the property of privileges enjoyed by other ~? properties under identical zoning classification in the vicinity. 'r.' 3. That the proposed use will noE adversely affect the adjoining land uses and the growth and development of the area in which it is proposed „ to be located. 4. That 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 of the Citizens of the City of Anaheim. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. G. Thak the traffic generaced by the proposed ~se will not impose an undue burden upon the streets and highways designed and improved to carry the traffic .in the area. 7. That two persons indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. ENVIRONMENTAL IMPACT FINDING: That after considering Draft EIR No. 262 for the proposed Riviera Project and reviewing evidence, both written and oral, presented to supplement Draft EIR No. 262, tha Ylanning Commission finds that EIR No. 262 is in compliance with the California Environmental Quality Act and the City and State CEQA Guidelines; and that the Planning Commission further finds that economic and social considerations make it infeasible to eliminate entirely the significant environmentel imoacts which have been identified in Final EIR No. 262. However, the benefits of the project have been balanced against the unavoidable environmental impact and pursuant to the provisions of Section 15093 of the State CE{~A Guidelines, tne occurrence cf the significant environmental effects identified in Final EIR No. 262 and as set forth above may be permitted without further mitigation dua to the fullowing overriding considerations: (1) after coinpletion, the proposed project is expected to generate a net fiscal surplus of $1,620.500 per year for the City. This will provide funds for the operation of programs for the -2- PC83-234 ^ benefit of all feasible (2) Anaheim residents which would not otherwise be economically th ; i e proposed project will provide a balanced developmenk which s compatible with and complementary to the adjacent commercial-recreation area; and (3) 4 200 the proposed project will provide employment for an estimated , persons; for th therefore, the Planning Commission hereby certifies EIR No. 262 e Riviera Project and adopts this Statement of Overriding Considerations. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 2. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 3. That in the event subject property is to be divided for the purpose of sale, lease, or f-inancing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 4. That subject property shall be served by underground utilities. 5. That prior to commencement of structural framing, fise hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Departnent. 6. That tcash storage areas shall be provided in accordance with approved plans on file with the Street Maintenance and Sanitation Division, including the installation of on-site waste compactors. 7. That exercise of this Conditional Use Permit is contingent upon the completion of Reclassification No. 82-83-35, now pending. 8. That service for sanitary sewers shall be from the existing 21 inch sewer in Katella Avenue. 9. That exercise of this Conditional Use Permit is contingent upon the completion of Reclassification No. 82-83-26 (removal of the (MHP) Overlay Zone), now pending. 10. That prior to issuance of a building permit, appropriate water assessrtient fees shall be paid to th~ City of Anaheim, in an amount as determined by the Office of the Utilities General Manager. 11. That the proposed residential high-rise towers shall be sprinklered in compliance with Fire Department cequirements. -3- PC83-234 ,-- . 12. That the developer shall provide and maintain a television antenna or cable system, without charge to residents, to assure satisfactory television reception to any residencES which are unable to receive a satisfactory level of television signals as a result of intecference caused by the pcoject structu~es. 13. That no permits shall be issued by the City of Anaheim for the exercise of this conditional use permit except following the exercise and compliance with all conditions of Conditional Use Permit No. 2460 (17-story, 17.1-foot hiqh, 852-room hotel). 14. That prior to issuance of building permits the developer shall pay the traffic signal assessment fees minus the cost of traffic signal modifications made at Katella Avenue and Clementine Street. 15. That a standpipe delivery system, emergency on-site water storage and fire control rooms be provided as reviewed and approved by the F'ire Departmen~. 16. Tha~ the developer shall contcibute a pro-rata share of costs associated with the development cf a new fire station site, a fully equipped fire station and appropriate apparatus to equip said station. Said pro-rata share of the total costs to be determined by the Anaheim Fire Chief pending completion of a study. 17. That the developer shall install a distribution main in the Clementine Street right-of-way and through the project as reviewed and approved by the Water Engineering Division. 16. That the owner(s) of subject property shall pay its proportionate share, and shall execute and cecord an agreement in a form approved by the c:ity Attorney's Office obligating owner(s) to pay its proportionate share, of the cost of certain off-site public impcovements ar,d services pursuant to thaY. certain assessment district ot benefit area to be hereinafter establisi~ed Ly the C.ity of Anaheim, pursuant to the requirement of Development Agreement No. 83-01 between the City of Anaheim and Anaheim Stadium Associates. 19. That subject propert1 shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 6. 20. That prior to issuance of a build~na permit, the owner of subject property shall record a covenant, in a form approved by the City Attorney and the Planning Director, prohibiting conversion of the individual residential condominium units to time share residential condominium units. 21. That prior to issuance of building perrnits, the applicant shall present evidence satisfactory to the Chief Building Inspector that the proposed project is in conformance with Council Policy Number 542 "SOUnd Attenuation in Residential Projects". 22. That this conditional use peLreit is granted subject to the approval of a tentative tract map. -4- PC83-234 23. That prior to final kract map appcoval, the original documents of the covenants, conditions, and restr~ctions, and a letter addressed to the developer's title company authorizing recordation thereof, shall be submitted to the City Attorney's Office and approved by the City Attorney's Office and Engineering Division. Said documents, as approved, will then be filed and recor~ed in the Office of the Orange County Recorder. 24. That prior to the commencement of the activity authorized under this resolution, or prior to the time that a building permit is issued, or within a period of one year fr.om the date of this cesolution, whichever occurs first, Condition Nos. 7, 9, 13, 16, 18 and, 23, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be qranted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 25. That prior to final building and zoning inspections, Condition Nos. 2, 4, 6, 8, 11, 12, 15, 17, and 20, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is zxpressly predicated upon applicant's compliance wi.th 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 RESOLDTION is signed and approved by me this 12th day of December, 1983. ~ ~ ~/~ /~~/!'u`./ -,~ f/T,~, CHAIRWOMAN~ ~ EIM CIT PLANNING COMMISSION / ATTEST: ~~~ ~° .~~~.t~.. SECRETARY~ ANAHESM CITY PLANNING CQMMISSION -5- PC83-234 ~; ~ i --•, /°"~, t:~.:i ",s,M`-° STATE OF CALIFORNIA ) ""'? COUNTY OF ORANGE ) :- ,:~• . . <<~. CITY OF ANAHEIM ) ~ ;': I, Edith L. Harris, Secretary of the Anaheim City Planning ;,s:i Commi~sion, do hereby certify that the foregoing resolution was passed and r„: . t;!•:~ adopted at a meeting o£ the Anaheim City Planning Commission held on December ,;;;~ 12, 1983, by the following vote of the members thereof: { =" AYES: COMMISSIONERS: BOUAS, BUSHORE, FRY~ HERBST~ KING~ LA CLAIRE ~':~. ~ MC BURNEY , NOES: COMMISSIONERS: NONE ~i;ii ABSENT: COMMISSIONERS: NONE IN WITNESS WIiEREOF, I have hereunto set my hand this 12th day of December, 1983. ~~~ ~ i~~L,~.. SECRETARY~ ANAHEIM CITY PLAN[:iNG COt4MISSION -~ _6- PC83-234 ~;~ :.. .,..,._... .. . ._ , . . , . .. _ . .