92-005 RESOLUTION NO. 92R-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3461.
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 9-unit "affordable" condominium complex upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
THE SOUTH 170 FEET OF THE EAST ONE-HALF OF THE
WEST ONE-HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 14, IN TOWNSHIP 4
SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP
THEREOF RECORDED IN BOOK 51, PAGE 7, ET SEQ.,
MISCELLANEOUS MAPS, RECORDS OF BOOK 51, PAGE 7,
ET SEQ., MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY
EXCEPT THE WESTERLY 152.5 FEET; 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. PC91-188 granting Conditional
Use Permit No. 3461; 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:
CUP #3461
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.
AND WHEREAS, the City Council does further find:
1. That the developer of said housing development has agreed
to construct at least (1) 20 percent of the total units of said
housing development for lower income households, as defined in
Section 50079.5 of the Health and Safety Code, or (2) 10 percent of
the total units of said housing development for very low income
households, as defined in Section 50105 of the Health and Safety
Code, or (3) 50 percent of the total dwelling units of said housing
development for qualifying residents, as defined in Section 51.2 of
the civil Code; and
2. For the aforesaid reasons, Section 65915 of the
Government Code authorizes the City to grant the density bonus and
other concessions (waivers of code requirements) hereinafter set
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CUP #3461
forth in this resolution upon such terms and conditions as
expressly set forth hereinafter.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3461 be, and the same is hereby, granted
permitting a 9-unit "affordable" condominium complex on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTION 18.32.061.010 - Minimum site area per dwelling unit.
(2,400 sq. ft. per dwelling unit
required;
2.340 sq. ft. proposed)
SECTIONS 18.32.062,011 Maximum structural height.
18.04.043.101 (2 stories permitted, 3 stories
proposed; and
18.32.064.070 6-foot hiqh masonry block wall
permitted along
and 18.32.068 north property line, 8-foot high
block wall proposed)
SECTION 18.32.063.011 Minimum front yard setback.
(20 feet required; none proposed
between Ball Road and a 6-foot high
block wall)
subject to the following conditions:
1. That prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid
to the City of Anaheim in an amount as established by
City Council Resolution.
2. That sidewalks shall be installed along Ball Road as
required by the City Engineer and in accordance with
standard plans and specifications on file in the office
of the City Engineer.
3. That a tract map to record the division of subject
property shall be submitted to and approved by the City
of Anaheim and shall then be recorded in the Office of
the Orange County Recorder.
4. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval
showing conformance with the latest revision of
Engineering Standard Plan No. 601 pertaining to parking
standards and driveway locations. Subject property shall
thereupon be developed and maintained in conformance with
said plans.
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CUP #3461
5. That the driveway on Ball Road shall be constructed with
ten (10) foot radius curb returns as required by the city
Engineer in conformance with Engineering Standards.
6. That an on-site trash truck turn-around area shall be
provided and maintained to the satisfaction of the
Department of Maintenance. Said turn-around area shall
be specifically shown on plans submitted for building
permits.
7. That subject property shall be served by underground
utilities.
8. That prior to commencement of structural framing, on-site
fire hydrants shall be installed and charged as required
and approved by the Fire Department. An all-weather road
shall be provided to the hydrants at all times, as
required by the Fire Department.
9. That fire sprinklers shall be installed as required by
the Fire Department. Each unit shall be served by a
separate riser.
10. That trash storage areas shall be provided and maintained
in a location acceptable to the Department of Maintenance
and in accordance with approved plans on file with said
Department. Such information shall be specifically shown
on the plans submitted for building permits.
11. That a Plan Sheet for solid waste storage and collection
and a plan for recycling shall be submitted to the
Department of Maintenance for review and approval.
12. That the purchaser of each dwelling unit shall be
provided with written information concerning Anaheim
Municipal Code Section 14.32.500 "Parking Restricted to
Facilitate Street Sweeping." Such written information
shall clearly indicate when on-street parking is
prohibited and the penalty for violation.
13. 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 (a)
underground vaults or (b) behind the street setback area
in a manner fully screened from all public streets.
14. That gates shall not be installed across any 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.
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cUP #3461
15. That roll-up garage doors shall be shown on plans
submitted for building permits. Said doors shall be
installed and maintained as shown on submitted plans.
16. That no more than twenty five percent (25%) of the total
number of required parking stalls shall be tandem.
17. That both spaces in each pair of tandem parking spaces
shall be assigned to the same dwelling unit.
18. That all lockable pedestrian and/or vehicular access
gates shall be equipped with "knox box" devices as
required and approved by the Fire Department.
19. That all air conditioning facilities and other roof and
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.
20. That plans shall be submitted to the Building Division
showing compliance with the minimum standards of the city
of Anaheim, including the Uniform Building, Plumbing,
Electrical, Housing, Mechanical and Fire Codes as adopted
by the city of Anaheim. The appropriate permits shall be
obtained for any necessary work.
21. That all plumbing or other similar pipes and fixtures
located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate
building materials; and, further, such information shall
be specifically shown on the plans submitted for building
permits.
22. That masonry block walls shall be constructed and
maintained along the north, east and west property lines,
as follows:
(a) Along the north ~roDerty line - A masonry block wall
measuring at least six (6) feet high on the south
side (subject property) and at least eight (8) feet
high on the north side (adjacent single family
residential lots) shall be constructed and
maintained. Prior to issuance of any permit for any
grading or construction on subject property, the
petitioner or his representative shall contact all
the adjacent single family residential property
owners and obtain their concurrence for construction
of said block wall (which will measure at least
eight feet high on the neighbors' side), with the
exception of Mrs. Okubo's lot (permission for said
wall was given at the November 18, 1991 Planning
Commission public hearing). If any neighboring
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CUP #3461
property owner specifically objects to construction
of said block wall (as herein described) along
his/her property line, the petitioner shall provide
written evidence of that specific property owner(s)'
objection to the Zoning Division for inclusion in
the conditional use permit (No. 3461) file. In the
event of such objection, the block wall along that
portion of the north property line may be reduced to
the height selected by said neighboring property
owner. Plans submitted for building permits shall
specifically show the height(s) of the new masonry
block wall along the entire north property line and
shall also identify the adjoining lots by Lot and
Tract numbers or by property owner names.
(b) Alonq the east and west property lines Six (6)
foot high masonry block walls shall be constructed
and maintained; provided, however, that the City
Traffic and Transportation Manager shall have the
authority to reduce the height of the wall to
protect visual lines-of-sight where pedestrian
and/or vehicular circulation intersect.
23. That lighting fixtures in any proposed parking area
located adjacent to any residential property shall be
down-lighted with a maximum height of twelve (12) feet.
Said lighting fixtures shall be directed away from
adjacent residential property lines to protect the
residential integrity of the area and shall be
so-specified on the plans submitted for building permits.
24. That clothes washer and dryer hookups shall be installed
in each condominium dwelling unit and shall be shown on
the plans submitted for building permits.
25, That the proposal shall comply with all signing
requirements of the RM-2400 "Residential, Multiple
Family" Zone unless a variance allowing sign waivers is
approved by the City Council, Planning Commission or
Zoning Administrator.
26. That a landscape and irrigation plan for subject property
shall be submitted to the Zoning Division for review and
approval. Any decision made by the Zoning Division
regarding said plan may be appealed to the Planning
Commission and/or city Council.
27. That the on-site landscaping and irrigation system shall
be maintained in compliance with City standards.
28. That prior to issuance of a building permit, satisfactory
evidence shall be presented to the Building Division
showing that the proposed project is in conformance with
cup #3461
Council Policy Number 542 "Sound Attenuation in
Residential Projects" and with Noise Insulation Standards
specified in the California Administrative Code, Title
25.
29. That any tree planted on-site shall be replaced in a
~" timely manner in the event that it is removed, damaged,
diseased and/or dead.
30. That this Conditional Use Permit is granted subject to
adoption of a zoning ordinance in connection with
Reclassification No. 91-92-6, now pending.
31. 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 3.
32. That prior to issuance of any permit for any grading or
construction on subject property, whichever occurs first,
Condition No. 22(a), above-mentioned, shall be complied
with.
33. 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. l, 3, 4, 6, 10,
11, 14, 15, 16, 19, 20, 21, 22(a), 23, 24, 26, 28 and 30,
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.
34. That prior to final building and zoning inspections,
Condition Nos. 2, 4, 5, 7, 9, 13, 18, 22(a), 22(b) and
~ 31, above-mentioned, shall be complied with.
35. 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.
7
CUP #3461
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the city of Anaheim this 7th day of January, 1992.
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dnl
R34C3461.12
010992
8
CUP #3461
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ANAHEIM )
I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 92R-5 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the 7th day of
January, 1992, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Pickler, Daly and Hunter
NOES: COUNCIL MEMBERS: None
AESENT: COUNCIL MEMBERS: Simpson
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 92R-5 on the 8th day of January, 1992.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 8th day of January, 1992.
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. 92R-5 duly passed and adopted
by the City Council of the City of Anaheim on January 7, 1992.
CITY CLERK OF THE CITY OF ANAHEIM