91-031 RESOLUTION NO. qlR-3i
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 3370.
WHEREAS, the city Planning Commission of the City of
Anaheim did receive an application for a conditional use permit to
permit a 26-unit Deck-Type Housing apartment complex upon certain
real property located within the City of Anaheim, County of Orange,
State of California, legally described as:
ALL THAT CERTAIN LAND SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF ANAHEIM,
DESCRIBED AS FOLLOWS:
LOT 16 OF TRACT NO. 796, AS SHOWN ON A MAP
RECORDED IN BOOK 24, PAGE 28 OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; 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 failed to act upon said application due to a tie vote; and
WHEREAS, thereafter, within the time prescribed by law, a
public hearing was scheduled before the City Council on said
application; 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,
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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.
NOW, THEREFORE, BE IT RESOLVED by the city Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3370 be, and the same is hereby, granted
permitting a 26-unit Deck-Type Housing apartment complex on the
hereinabove described real property, subject to the following
conditions:
1. That the existing street improvements along Webster
Avenue shall be removed and full street improvements
constructed at the ultimate location. Prior to issuance
of a building permit, street improvement plans shall be
submitted to the Subdivision Section and a performance
bond 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.
2. That the legal owner of subject property shall
irrevocably offer to dedicate to the City of Anaheim an
easement 32 feet in width from the centerline of the
street along Webster Avenue for street widening purposes.
3. 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.
4. That plans shall be submitted to and approved by the city
Traffic Engineer indicating how the vehicular security
gates and turn-around area will function.
5. 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, 601 and 604 pertaining to parking standards.
Subject property shall thereupon be developed and
maintained in conformance with said plans.
6. That the driveway on Webster Avenue shall be constructed
with ten (10) foot radius curb returns as required by the
City Engineer in conformance with Engineering Standards.
7. That guest parking shall be clearly marked for guest
parking only and shall be readily accessible to motorists
from contiguous streets.
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8. That a fee for street lighting purposes shall be paid to
the City of Anaheim based on the length of street
frontage along Webster Avenue in an amount as established
by City Council resolution.
9. That subject property shall be served by underground
utilities.
10. That the legal owner of subject property shall dedicate
to the city of Anaheim an easement five (5) feet in width
along the east property line for public utility purposes.
11. That the legal owner of subject property shall maintain a
12 foot separation between any portion of the building
and high voltage power lines that are adjacent to or
across subject property. Any equipment used in the
construction and maintenance of facilities located on
subject property shall not be operated within 10 feet of
overhead high voltage power lines.
12. That prior to issuance of a building permit, the
appropriate fees due for primary mains, shall be paid to
the Water Engineering Division in accordance with Rules
15A and 20 of the Water Utility Rates, Rules and
Regulations.
13. That all lockable pedestrian and/or vehicular access gate
shall be equipped with "knox box" devices as required and
approved by the Fire Department.
14. That fire sprinklers shall be installed as required by
the Fire Department.
15. That trash storage areas shall be provided and maintained
in a location acceptable to the Street Maintenance and
Sanitation Division and in accordance with approved plans
on file with said division. Such information shall be
specifically shown on the plans submitted for building
permits.
16. That the renter 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.
17. That the curbing adjacent to subject property shall be
painted red to facilitate on-street trash pick-up.
18. 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 outside of the street setback area
in a manner fully screened from all public streets.
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19. 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 established by City
Council resolution.
20. 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.
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. (a) That a six (6) foot high masonry block wall shall be
constructed and maintained along the north and south
property lines excepting the front setback where the
wall height shall not exceed three (3) feet provided
however that the city Traffic Engineer shall have
the authority to reduce the height of the wall to
protect visual lines-of-sight where
pedestrian/vehicular circulation intersects. Said
block wall shall be planted and maintained with
clinging vines to eliminate graffiti opportunities.
(b) That an eight (8) foot high block wall, as measured
from the highest adjacent grade, shall be
constructed and maintained along the east property
line.
23. That the on-site landscaping and irrigation system shall
be maintained in compliance with city standards.
24. That prior to issuance of a building permit, the legal
property owner shall prepare and record an unsubordinated
covenant limiting occupancy of each apartment unit to no
more than two (2) persons (other than children under the
age of two (2) years) per bedroom. Said limitation shall
be included in each lease/rental agreement. A copy of
the covenant shall be submitted to and approved by the
City Attorney prior to recordation with the office of the
Orange County Recorder. A copy of the recorded covenant
shall be furnished to the Zoning Division.
25. That an unsubordinated covenant shall be recorded with
the office of the Orange County Recorder agreeing to
provide the renter 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
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by the City Attorney prior to recordation. A copy of the
recorded covenant shall be submitted to the Zoning
Division.
26. That a lot line adjustment plat shall be submitted to the
Subdivision Section and approved by the City Engineer and
then recorded in the Office of the Orange County Recorder
to combine the two (2) existing lots.
27. That this Conditional Use Permit is granted subject to
the adoption of a zoning ordinance in connection with
Reclassification No. 63-63-62, now pending.
28. 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. 1
of Exhibit Nos. 1 through 8.
29. 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,
2, 3, 4, 5, 8, 10, 12, 15, 19, 20, 21, 24, 25, 26, and
27.
30. That prior to final building and zoning inspections,
Condition Nos. 6, 7, 9, 11, 13, 14, 17, 18, 22, and 28,
above-mentioned, shall be complied with.
31. 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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of February, 1991.
MAY~R OF THE CITY ~ANAHEIM -
ATTEST:
~.CITY CLERK OF THE OF ANAHEIM
JLW:dnl/R34CUP3370.113/021291
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF ANAHEIM )
I, LEONORAN. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-31 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 5th day of
February, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler, Ehrle and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution NO. 91R-31 on the 15th day of February, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of February, 1991.
~' CITY CLERK OF THE 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. 91R-31, duly passed and adopted
by the City Council of the City of Anaheim on February 5, 1991.
~,CITY CLERK OF THE CITY OF