91-311 RESOLUTION NO. 91R-311
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM GRANTING CONDITIONAL USE PERMIT NO.
3463.
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 108-unit, 3-story condominium complex upon certain real
property located within the City of Anaheim, County of Orange,
State of California, legally described as:
PARCEL A: PARCEL 2, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 107, PAGES 36 AND 37 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL B: THE SOUTH 400.00 FEET OF THE NORTH
436.00 FEET OF LOT 2 IN BLOCK A OF TRACT NO.
13, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 9, PAGE 12 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL C: LOT 2 IN BLOCK A OF TRACT NO. 13, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE
12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPT THE NORTH 436.00 FEET THEREOF.
PARCEL D: THE WEST 97.0 FEET OF THE EAST
204.00 FEET OF THE SOUTH 320.00 FEET OF LOT 1
IN BLOCK A OF TRACT NO. 13, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA,
AS SHOWN ON A MAP RECORDED IN BOOK 9, PAGE 12
OF MISCELI2~NEOUS MAPS, 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. PC91-159 granting, in part,
Conditional Use Permit No. 3463; and
CUP #3463
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:
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.
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CUP #3463
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that, for the reasons hereinabove stated,
Conditional Use Permit No. 3463 be, and the same is hereby, granted
permitting a 108-unit, 3-story condominium complex on the
hereinabove described real property with a waiver of the following
provisions of the Anaheim Municipal Code:
SECTIONS 18.32.050.045 - Minimum landscaped setback.
and 18.32.063.028 (Required: 20 feet fully
landscaped adjacent to single-
family residential zoning;
Proposed: 16 to 20 feet from
south property line [RS-7,200]
SECTIONS 18.32.050.045 - Maximum structural height.
and 18.32.062.011 (2 stories permitted; 3 stories
proposed)
SECTIONS 18.04.043.101 - Maximum fence height.
18.32.050.045 (6 foot high fence permitted
and 18.32.064.070 along interior property lines;
8 foot high wall consisting of
6 foot high block wall topped
with 2 foot wood trellis
proposed along south property
line [RS-7,200 zoning]
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 plans shall be submitted to and approved by the city
Traffic and Transportation Manager showing how the vehicular
security gates and vehicle turn-around area will function.
3. That plans shall be submitted to the City Traffic and
Transportation Manager for his review and approval showing
conformance with the latest revisions of Engineering Standard
Plan Nos. 402, 436 and 601 pertaining to parking standards and
driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
4. 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.
5. That a thirty thousand dollar ($30,000) contribution shall be
paid to the City of Anaheim to fund improvements (loop
detectors) to the intersection of Brookhurst Street and La
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Palma Avenue. Such contribution shall be subject to
adjustment in accordance with the Engineering News Record-
Construction Cost Index for the Los Angeles area.
6. 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. Specific provision shall be made for homeowners'
maintenance of the lattice extension of the southerly block
wall and shall be included in the Conditions, Covenants and
Restrictions (CC&Rs) that shall be recorded concurrently with
the tract map.
7. 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.
8. That fire sprinklers shall be installed as required by the
Fire Department. Each dwelling unit shall be provided with an
individual and separate sprinkler riser.
9. That subject property shall be served by underground
utilities.
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. Storage areas shall be
provided out of the public view for two (2) automated barrels
per unit.
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 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.
13. 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.
14. That all necessary National Pollution Discharge and
Elimination System (NPDES) permits shall be obtained, as
required by the Department of Maintenance.
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CUP #3463
15. That all private streets (i.e. the loop road) shall be
developed in accordance with Engineering Standard Detail No.
122 except that sidewalks on only one (1) side of the street
shall be permitted and rolled curbs may be used.
16. That prior to any final building and zoning inspection, all
temporary street name signs for any new private street shall
be installed if permanent street name signs have not yet been
installed.
17. That gates shall not be installed across any driveway or
private street 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.
18. That no required parking area shall be fenced or otherwise
enclosed for outdoor storage or other non-parking uses.
19. 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.
20. That all lockable pedestrian and/or vehicular access gates
shall be equipped with "knox box" devices as required and
approved by the Fire Department.
21. 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.
22. 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.
23. 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 Council
Policy Number 542 "Sound Attenuation in Residential Projects"
and with Noise Insulation Standards specified in the
California Administrative Code, Title 25.
24. That, except as otherwise approved herein, a six (6) foot high
masonry block wall shall be constructed and maintained along
the interior property lines excepting the front setback where
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the wall height shall not exceed three (3) feet; 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. Said block wall shall be
planted and maintained with clinging vines to eliminate
graffiti opportunities.
25. 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.
26. That clothes washer and dryer hookups shall be provided in
each condominium dwelling unit and shall be shown on the plans
submitted for building permits.
27. That a landscape and irrigation plan for subject property
shall be submitted to the Zoning Division for review and
approval. said plan shall include twenty (20) foot landscaped
buffers along the adjacent single family zones, except as
otherwise approved herein. Any decision made by the Zoning
Division regarding said plan may be appealed to the Planning
Commission and/or City Council.
28. That the on-site landscaping and irrigation system shall be
maintained in compliance with City standards.
29. That any tree 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. 91-92-07, now pending.
31. That the developer shall be responsible for compliance and any
direct costs associated with the Mitigation Monitoring Program
established by the City as required by Section 21081.6 of the
Public Resources Code to ensure implementation of those
mitigation measures identified in the Recommended Conditions
of Approval for the Mitigated Negative Declaration.
32. That the petitioner shall comply with South Coast Air Quality
Management District (SCAQMD) Rule 403 during earth moving,
grading and construction activities to ensure that fugitive
dust levels are maintained at acceptable levels.
33. That the petitioner shall site heavy equipment staging areas
and building material stockpiles away from adjoining
single-family residences to maintain construction noise at
acceptable levels.
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34. That prior to issuance of a building permit, the underground
storage tank identified in the subsurface investigation shall
be removed in accordance with Fire Department requirements.
Following removal, an environmental audit shall be performed
to determine if any soil contamination has occurred in the
vicinity of the tank. Identified soil contamination shall be
remedied to the satisfaction of the Orange County Health Care
Agency. Proof of compliance shall be submitted to the Zoning
Division.
35. That removal of asbestos in conjunction with the demolition of
the existing structure(s) shall be in compliance with State
and Federal guidelines governing asbestos abatement.
36. 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 No. 1
and Exhibit Nos. 2 through 10.
37. That prior to issuance of a building permit or within a period
of one (1) year from the date cf this resolution, whichever
occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 10, 11, 12, 14,
17, 21, 22, 23, 25, 26, 27, 30 and 34 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.
38. That prior to final building and zoning inspections, Condition
Nos. 8, 9, 15, 16, 19, 20, 24, 35 and 36, above-mentioned,
shall be complied with.
39. 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 November, 1991.
CITY CLE~ O~ C HEIM
JLW:dnl
R34C3463.12
120691
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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. 91R-311 was introduced and adopted at a regular
meeting provided by law, of the Anaheim city Council held on the 5th day of
November, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Ehrle, Pickler, Daly 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-311 on the 6th day of November, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of November, 1991.
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. 91R-311 duly passed and adopted
by the City Council of the city of Anaheim on November 5, 1991.
CITY CLERK OF THE CITY OF ANAHEIM