90-313 RESOLUTION NO.90R-313
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING CONDITIONAL USE PERMIT
NO. 3299.
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 Z-story, 40-unit (previously approved for 24 units)
condominium complex on the entire 2.21-acre property upon certain
real property located within the City of Anaheim, County of
Orange, State of California, legally described as:
ALL THAT REAL PROPERTY BEING THE SOUTHERLY 25S.87 FEET
OF THE EASTERLY 100.00 FEET OF THAT PORTION OF LOT 7
IN BLOCK 17 OF A SUBDIVISION OF THE SOUTH HALF OF
SECTION 21, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN
BERNARDINO BASE AND MERIDIAN", AS SHOWN ON A MAP
RECORDED IN BOOK 1, PAGE 33, MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID LOT &,
SOUTH 89° 51' 10" EAST 340.40 FEET FROM THE SOUTHWEST
CORNER THEREOF, SAID POINT BEING THE SOUTHEAST CORNER
OF THE LAND CONVEYED TO WILLIAM L. FARROW AND WIFE, BY
DEED RECORDED FEBRUARY 2?, 1948 IN BOOK 1620, PAGE
49?, OFFICIAL RECORDS; THENCE NORTH 0° 33' 10" EAST
ALONG THE EAST LINE OF SAID LAND CONVEYED TO WILLIAM
L. FARROW AND WIFE, 368.8? FEET; THENCE SOUTH 89° 33'
10" WEST 368.87 FEET TO A POINT ON THE SOUTH LINE OF
SAID LOT; THENCE NORTH 89° 51' 10" WEST ALONG SAID
SOUTH LINE, 120 FEET TO THE POINT OF BEGINNING.
EXCEPTING THERE FROM THE SOUTH 60.00 FEET INCLUDED
WITHIN KATELLA AVENUE.
A PORTION OF LOT ? IN BLOCK 17 OF A SUBDIVISION OF THE
SOUTH HALF OF SECTION 21, IN TOWNSHIP 4 SOUTH RANGE 10
WEST, IN THE CITY OF ANAHEIM, IN THE RANCHO LAS
BOLSAS, RECORDED IN BOOK 51, PAGE ? AND FOLLOWING,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, AS
SHOWN ON A MAP THEREOF RECORDED IN BOOK 1, PAGE 33;
MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7;
THENCE NORTH 0 DEG. 40' 20" EAST 669.60 FEET ALONG THE
WEST LINE OF SAID LOT TO THE NORTHWEST CORNER THEREOF;
THENCE SOUTH 89 DEG. 43' 50" EAST 339.00 FEET ALONG
THE NORTH LINE OF SAID LOT; THENCE SOUTH 0 DEG. 33'
10" WEST 668,8? FEET TO THE SOUTH LINE OF SAID LOT ?;
CUP 3299
THENCE NORTH 89 DEG. 51' 10" WEST 340.40 FEET ALONG
SAID SOUTH LINE TO THE POINT OF BEGINNING,
EXCEPT THE WEST 150.00 FEET THEREOF.
ALSO 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 o£
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. PC90-164 denying
Conditional Use Permit No. 3299; 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 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
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.
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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, THEREPORE, BE IT RESOLVED by the City Council of
the City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 5299 be, and the same is hereby,
granted permitting a 2-story, 40-unit (previously approved for 24
units) condominium complex on the entire 2.21-acre property on
the hereinabove described real property with a waiver of the
following provisions of the Anaheim Municipal Code:
Sections 18.32.062.012 Maximum structural height within 150
and 18.32.062.013 feet of single-family residential
zone.W-story permitted; 2 s~
18---~- oot~[[i-~i-building proposed 10
feet from RS-10,000 zoning to t~
west)
(B) Sections 18.52.050.04S Maximum recreational/leisure
and 18.32.080.020 area. [?SO sq.ft. per unit
required; 480 sq.ft. per unit
proposed)
(C) Section 18.52.065.028 Required landscaped buffer
adjacent to single-family
residential zone. (20 feet
required; 2 and S f~-~
proposed along north RS-7200
and west RS-10,000 boundaries)
(D) Section 18.52.063.022 Minimum distance between
buildings. (30 feet required
between building walls with
windows; 20 feet proposed)
subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid to
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the City of Anaheim in an amount as established by City
Council resolution.
2. That prior to final tract map approval, the appropriate
sewer assessment fee shall be paid to the City of Anaheim
in an amount as established by City Council Resolution.
3. That gates shall not be installed across the driveway or
private street in a manner which may adversely affect
vehicular traffic in the adjacent public street(s).
Installation of any gates shall conform to Engineering
Standard Plan No. 402 and shall be subject to the review
and approval of the City Traffic Engineer prior to issuance
of a building permit.
4. That plans shall be submitted to the City Traffic Engineer
for his review and approval showing conformance with the
latest revision of Engineering Standard Plan Nos. 436 and
601 pertaining to parking standards. Subject property
shall thereupon be developed and maintained in conformance
~ with said plans.
That the driveway on Katella Avenue shall be constructed
with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standards.
6. That guest parking shall be clearly marked "guest parking
only" and shall be readily accessible to motorists from
contiguous streets and accessways.
7. That prior to final map approval, street names for any new
public or private street shall be submitted to and approved
by the Planning Department.
8. That prior to any occupancy, temporary street name signs
for any new public or private street shall be installed if
~,,- permanent street name signs have not been installed.
9. That all streets fronted by condominium units and the
north-south street shall be developed as private streets.
Further, that all private streets shall be developed in
accordance with the Engineering Standard Detail No. 122 for
private streets, including installation of street name
signs. Plans for the private street lighting, as required
by the Detail, shall be submitted to the Building Division
for approval and shall be included with the building plans
prior to the issuance of building permits. (Private
streets are those which provide primary access and/or
~ circulation within the project.)
10. That full street improvements including removal and
replacement of AC pavement shall be constructed along
Katella Avenue at the ultimate location. Prior to issuance
of a building permit, street improvement plans shall be
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submitted to the Subdivision Section and a performance
bonds in an amount approved by the City Engineer and form
approved by the City Attorney shall be posted with the City
of Anaheim. The improvements shall be constructed prior to
final building and zoning inspections.
11. That prior to final tract map approval, the original
documents of the covenants, conditions, and restrictions
(CC~R's), and a letter addressed to the developer's title
company authorizing recordation thereof, shall be approved
by the City Attorney's Office and Public Works Engineering
Department. Said documents, as approved, shall be filed
and recorded in the Office of the Orange County Recorder.
12. That should this subdivision be developed as more than one
subdivision, each subdivision thereof shall be submitted in
tentative form for approval.
13. That street lighting facilities along Katella Avenue shall
be installed as required by the Utilities General Manager
in accordance with specifications on file in the Office of
the Utilities General Manager; 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 the above-mentioned
improvements. Said security shall be posted with the City
of Anaheim prior to issuance of a building permit. The
above-required improvements shall be installed prior to
occupancy.
14. That prior to issuance of a building permit, specific
landscape plans for the five (5) foot wide planter along
the north property line shall be submitted to the Planning
Department for review and approval. Said plans shall
include specimen-sized broad-headed trees planted on
maximum twenty (20) foot centers or less (depending on the
species) to guarantee an effective visual screen between
subject property and the adjacent RS-7200 zoned property to
the north. The requirement for trees may be modified by
the Planning Department if overhead utility lines are
present. Appropriate irrigation facilities and a "root
barrier" (because of the narrow width of the landscape
planter) shall be included. Said landscaping, irrigation
facilities and "root barrier" shall be maintained.
15. That prior to rendering of water service and signature
approval of the water system improvement plans by the Water
Engineering Manager, the appropriate fees due for primary
maxns, fire protection service shall be paid to the Water
Engineering Division in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules and Regulations.
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16. That a private water system with separate water service for
fire protection and domestic water shall be provided.
17. That the water backflow equipment and any other large water
system equipment shall be installed to the satisfaction of
the Water Utility Division in either underground vaults or
behind the street setback area in a manner fully screened
from all public streets and alleys.
18. That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the Fire Department.
19. That fire sprinklers shall be installed as required by the
Fire Department.
20. That an adequate, unobstructed fire truck turn-around area
as required and approved by the Fire Department shall be
specifically shown on plans submitted for building
permits. Said turn-around area shall be permanently marked
and maintained to the satisfaction of said Department.
21. That a six (6)-foot high masonry block wall shall be
constructed and maintained along the north property line(s).
22. That this Conditional Use Permit is granted subject to the
adoption of a zoning ordinance in connection with
Reclassification No. 90-91-01, now pending.
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 Exhibit Nos. 1
through 4.
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, 3, 4, 9, 10, 13,
14, 20 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 o£ the
Anaheim Municipal Code.
25. That prior to final building and zoning inspections,
Condition Nos. 5, 6, 8, 9, 13, 14, 16, 17, 19, 21 and 23,
above-mentioned, shall be complied with.
26. That prior to final tract map approval, Condition Nos. 2, 7
and 11, above-mentioned, shall be complied with.
27. 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
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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 14th day of August,
1990.
ATTEST~ CITY
OF ANAHEIM
JLW:kh
3875L
082490
-7- CUP 5299
STATE OF CALIFO~IA )
COUNTY OF ORANGE ) ss,
CI~ OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 90R-313 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 14th day of August, 1990, by the following vote of the members ~ereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Ka~ood
ABSENT: COUNCIL MEMBERS: None
AND I ~RTHER certify that ~e Mayor of the City of An~eim signed said
Resolution No. 90R-313 on the 27th day of August, 1990.
IN WITNESS HEREOF, I have hereunto set my hand and affixed the seal of the
City of An~eim this 27th day of August, 1990.
CITY CLE~ OF T~E CITY OF AN~EIM
( SEAL )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 90R-313, duly passed and
adopted by the Anaheim City Council on August 14, 1990.
CITY CLERK OF THE CITY OF ANAHEIM